77-6-4 - Presentation of accusation -- Service on defendant. - Utah Statutes

77-6-4. Presentation of accusation -- Service on defendant.
(1) When the accusation is initiated by:
(a) a grand jury, the foreperson shall present the accusation to the court in the presence ofthe grand jurors which shall be filed with the clerk; or
(b) a taxpayer, the county attorney, district attorney, or the attorney general, any of thesepersons shall present the accusation to the presiding judge of the district court for filing with theclerk.
(2) (a) Except when the accusation is initiated by the county attorney or district attorney,the court shall furnish a copy of the accusation to the county attorney or, if within a prosecutiondistrict, the district attorney who shall investigate and may prosecute the accusation.
(b) If the accusation is against the county or district attorney, the court shall furnish acopy of the accusation to the Office of the Attorney General, who shall investigate and mayprosecute the accusation.
(c) If prosecution is pursued, the county attorney, district attorney, or attorney generalshall serve a copy of the accusation on the defendant with a summons which requires thedefendant to appear before the district court of the county in which the county attorney or districtattorney serves and to answer the accusation.
(3) The time fixed for appearance may not be less than 10 days from the date of serviceof summons. The service of the accusation, summons, and the return of service shall be made inthe manner provided by law for service of civil process.

Amended by Chapter 67, 1996 General Session