78B-6-807. Allegations permitted
in complaint -- Time for appearance -- Service of summons. ![]()
(1) The plaintiff, in his complaint:
(a) shall set forth the facts on which he seeks to
recover;
(b) may set forth any circumstances of fraud, force,
or violence which may have accompanied the alleged forcible entry, or forcible
or unlawful detainer; and
(c) claim damages or compensation for the occupation
of the premises, or both.
(2) If the unlawful detainer charged is after default in the
payment of rent, the complaint shall state the amount of rent due.
(3) A judge, court clerk, or plaintiff's counsel shall
endorse on the summons the number of days within which the defendant is
required to appear and defend the action, which shall be three business days
from the date of service, unless the defendant objects to the number of days,
and the court determines that the facts of the case should allow more time.
(4) The court may authorize service by publication or mail
for cause shown.
(5) Service by publication is complete one week after
publication.
(6) Service by mail is complete three days after mailing.
(7) The summons shall be changed in form to conform to the
time of service as ordered, and shall be served as in other cases.
Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 121, 2008 General Session