AGENCY: Department of Commerce. Division of Corporations and Commercial Code
SERIES: 16640
TITLE: Summons and complaints
DATES: 1976-
ARRANGEMENT: Alphabetical by defendant name
DESCRIPTION: These are summons and complaints served on the department by the court when the corporate registered agent cannot be located, or when a corporation has no registered agent listed. According to UCA 16-10-13(2), the department may be served with the summons. The department must forward the summons by registered mail to the corporation. The significance of this record is to show that all efforts were made to serve the defendant. If the defendant fails to appear in a court, a judgement is entered against him. The defendant has three months after judgement was entered to show he was not served a summons and have it overturned.
The information includes the names of the plaintiff and defendant, the court of jurisdiction, the case number, the name and address of the plaintiff's attorney, the terms and the date of summons, the reason for the complaint, the date of the summons, and the date the summons was served at the Department of Business Regulations.
RETENTION
Retain for 1 year(s)
DISPOSITION
Destroy.
RETENTION AND DISPOSITION AUTHORIZATION
These records are in Archives' permanent custody.
APPROVED: 03/1987
FORMAT MANAGEMENT
Paper: Retain in Office for 1 year after summons has been served and then destroy.
APPRAISAL
Administrative Legal
Serving the department a summons is outlined in UCA 16-10-13(2). According to the Rules of Civil Procedure Part VII, rule 60(b), the defendant has three months after the judgment was entered to have it overturned by showing that he/she was not served with the summons. Retaining this record for one year should be sufficient to cover this appeal period.¶
PRIMARY DESIGNATION
Public