(1) Filing of
Pleadings. All pleadings shall be filed with the Division with service thereof
to all parties named in the notice. The Division may refuse to accept pleadings
if they are not filed in accordance with the requirements of this
rule.
(2) Process for Service.
(a) All pleadings and documents issued by the
Division or panel that are required to be served shall at the option of the
Division be served by personal service, first class mail, registered mail,
certified mail, or by express mail. Personal service shall be made upon a party
in accordance with the Utah Rules of Civil Procedure by any peace officer
within the State of Utah or by any person specifically designated by the
Division.
(b) A request for a
prelitigation proceeding filed by a petitioner shall be served in accordance
with the same process for service required for a notice of intent as set forth
in Subsection
78B-3-412(3).
All other pleadings or documents filed by a party shall at the option of the
party be served by personal service, first class mail, registered mail,
certified mail, or by express mail.
(c) When an attorney has entered an
appearance on behalf of any party, service upon that attorney constitutes
service upon the party so represented.
(3) Proof of Service.
(a) There shall appear on all pleadings or
documents required to be served a certificate of service certifying the
appropriate method of service as set forth in Subsection (2), in substantially
the following form:
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TABLE II
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I hereby certify that I have this day served the
foregoing document upon the parties of record in this proceeding set forth
below (by delivering a copy thereof in person) (by mailing a copy thereof,
properly addressed by first class mail) (by registered mail) (by certified
mail) (by certified mail, return receipt requested) (by type of express
mail):
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(Name of parties of record)
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(addresses)
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Dated this (day) day of (month), (year).
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(Signature)
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(Title)
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(b)
Any pleading or document filed with the Division shall be accompanied by
documentation of the service reflected in the certificate of service.
(4) Date of Service.
Pleadings or documents shall be considered served on the date
of personal service or mailing date, as set forth in Subsection
(2).
