Jon H. Rogers, Attorney at Law

The Urgency

I Have Received a Summons and Complaint -- What Do I Do?

This means you are being sued in Court. The Complaint contains the claims being made against you. The Summons is the notification to you that you are required to respond and provides information on where and how to respond to The Complaint.

If you are sued in Utah and reside in Utah, you generally only have 21 days to file your response. If sued in Utah but you reside outside Utah, you typically have 30 days to file your response.

CAUTION: You do not want to wait to the last minute to retain counsel to assist you. More time can allow more options, better preparation, and a better response.

Defending the Case: Jurisdiction and Rules

If you have been sued in Utah but have had no contacts with Utah and have not agreed to be sued in Utah, you might be able to defend based upon lack of Jurisdiction. "The authority of the state to hale a nonresident into a state court hinges on the ability to establish personal jurisdiction." (ClearOne, Inc. v. Revolabs, Inc.).

In preparing an Answer to a Complaint, you will want to read and clearly understand Rules 8-12 of the Utah Rules of Civil Procedure. Rule 8(d) makes it clear that failure to deny claims or "averments" in a Complaint means that these undenied claims are admitted. This means that failing to deny essential claims can result in a Judgment being obtained against you.

Get a Lawyer or Not?

I have a simple rule of thumb. always consult an attorney As Soon As Possible (ASAP) once you know you are being sued. Let's face it, even if the facts should be on your side, if the other side has an attorney or is more knowledgeable about legal proceedings, you will probably end up losing simply because you did not know the procedure.

Utah Courts have loosened the restrictions on the "unbundling" of legal services. What this means is that you may be able to hire an attorney for a specific part of your case. With the advent of modern technology, retaining and communicating with your Utah attorney can almost be as easy as if Jon were down the street from your home or office.