(a) How commenced. A civil action is commenced (1) by filing a complaint with the court, or (2) by service of a summons together with a copy of the complaint in accordance with Rule 4. If the action is commenced by the service of a summons and a copy of the complaint, then the complaint, the summons and proof of service, must be filed within ten days of such service. If, in a case commenced under paragraph (a)(2) of this rule, the complaint, summons and proof of service are not filed within ten days of service, the action commenced shall be deemed dismissed and the court shall have no further jurisdiction thereof. If a check or other form of payment tendered as a filing fee is dishonored, the party shall pay the fee by cash or cashier’s check within 10 days after notification by the court. Dishonor of a check or other form of payment does not affect the validity of the filing, but may be grounds for such sanctions as the court deems appropriate, which may include dismissal of the action and the award of costs and attorney fees.
Rule 3.Commencement of action
Part II: Commencement of Action; Service of Process, Pleadings, Motions and Orders · Last amended November 1, 2003 · Last verified July 13, 2026
In one sentenceRule 3 lays out the two ways to start a Utah civil case — filing a complaint or serving a summons and complaint — and requires the paperwork to reach the court within ten days if you start by service.
Full Text of Rule 3
(b) Time of jurisdiction. The court shall have jurisdiction from the time of filing of the complaint or service of the summons and a copy of the complaint.
Amendment History
Amended effective April 1, 1990; November 1, 2003.
Advisory Committee Notes
Rule 3 constitutes a significant change from the prior rule. The rule retains service of the ten-day summons as one of two means to commence an action, but the rule requires that the summons together with a copy of the complaint be served on the defendant pursuant to Rule 4. In so doing, the rule eliminates the requirement that a copy of the complaint be deposited with the clerk for the defendant whose address is unknown. The changes in Rule 3 must be read and should be interpreted in conjunction with coordinate changes in Rule 4 and with a change in Rule 12(a) that begins the running of the defendant’s 20-day response time from the service of the summons and complaint.
Paragraph (a). This paragraph eliminates the requirement that a copy of the complaint be deposited with the clerk for the defendant whose address is unknown. Paragraph (b) of the former rule, which permitted the plaintiff to deposit copies of the complaint with the clerk for defendants not otherwise served with a copy at the time of the service of the summons, has also been eliminated. The rule requires, in effect, that both the summons and the complaint be served pursuant to Rule 4. Under a coordinate change in Rule 12(a), the defendant’s time for answering or otherwise responding to the complaint does not begin to run until service of the summons and complaint pursuant to Rule 4.
Paragraph (b). This paragraph is substantially identical to paragraph (c) of the former rule.
Plain-English Summary
Rule 3(a) gives a plaintiff two paths to commence a civil action: filing a complaint with the court, or serving a summons together with a copy of the complaint on the defendant under Rule 4. Either act starts the case. But the second path comes with a short fuse: if the action is commenced by service rather than by filing first, the complaint, the summons, and proof of service must all be filed with the court within ten days of that service. Miss that ten-day window and the rule does not just penalize the plaintiff — it deems the action dismissed outright, and the court loses any further jurisdiction over it.
Rule 3(a) also addresses a narrower but practical problem: a bounced filing fee. If a check or other payment tendered for a filing fee is dishonored, the party must pay the fee in cash or by cashier's check within ten days of the court's notification. A dishonored payment does not, by itself, undo the validity of the filing — but it exposes the party to sanctions the court considers appropriate, which can include dismissal of the action and an award of costs and attorney fees.
Rule 3(b) pins down exactly when a court's authority over the case begins: from the moment the complaint is filed, or from the moment the summons and a copy of the complaint are served, whichever commencement method the plaintiff used.
The Advisory Committee Notes explain why the ten-day filing deadline exists. The rule requires that a summons and a copy of the complaint be served together under Rule 4 — it no longer allows a plaintiff to commence an action by serving only a summons and later depositing the complaint with the clerk for a defendant whose address is unknown. That change works together with Rule 4's service requirements and with Rule 12(a)'s 20-day clock for a defendant's response, which does not start running until the summons and complaint are served under Rule 4.
Frequently Asked Questions
What are the two ways to start a civil case in Utah?
Filing a complaint with the court, or serving a summons together with a copy of the complaint on the defendant under Rule 4. Either one commences the action.
If I start my case by serving the defendant first, how long do I have to file with the court?
Ten days from the date of service. The complaint, the summons, and proof of service must all be on file with the court within that window.
What happens if I miss the ten-day filing deadline after serving?
The action commenced by that service is deemed dismissed, and the court has no further jurisdiction over it — a missed deadline is not a minor lapse under this rule.
When does the Utah court gain jurisdiction over my case?
From the time the complaint is filed, or from the time the summons and a copy of the complaint are served — whichever method under Rule 3(a) the plaintiff used to commence the action.
What happens if my filing fee check bounces?
You must pay the fee in cash or by cashier's check within ten days after the court notifies you. The dishonored payment does not by itself invalidate the filing, but it can lead to sanctions.
Can a case be dismissed just because a filing fee check bounced?
Yes, potentially. Rule 3(a) allows the court to impose sanctions it deems appropriate for a dishonored payment, and dismissal along with an award of costs and attorney fees is explicitly among the sanctions available.
Why does Rule 3 require the summons and complaint to be served together?
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
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