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Senate debates shifting constables from election to appointment and narrows who may serve legal process

Utah State Senate · January 30, 1990
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Senators debated two related bills: House Bill 116 (process-server rules) and House Bill 133 (constable amendments). Supporters said appointment and clearer service rules will improve reliability; opponents warned of constitutional conflict and loss of local elections. Both bills were placed on the third‑reading calendar.

The Utah Senate spent extended floor time on two linked measures that would change who serves court process and how constables are selected.

House Bill 116, the process‑server amendments, was presented as a technical effort by a task force to align statutory practice with the Utah Rules of Civil Procedure. Senator Pearson, a task‑force co‑chair, told colleagues the bill "sets parameters for the fees, and it provides penalties for falsifying return of service and for false billing," and that committee changes remit service authority to those allowed under the rules of civil procedure. The Senate adopted the committee report and placed…

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