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Koerber v. Mishmash 2015 UT App 151 (June 18, 2015)

Jun 18, 2015

The Utah Court of Appeals confirmed that the requirement of Utah Code § 78B-6-807(3) that “[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” requires the number of days for response to be written in handwriting, not typed. This is true even though, as the court had explained in a prior case, strict adherence to the requirement “may seem somewhat silly.” Because in the present case the number of days was typed rather than handwritten, the district court’s authority under the unlawful detainer claim was never invoked.