§ 7-1-1002. Notice to person about whom information sought.

(1)

(a) If a court order is obtained pursuant to Section 7-1-1001, the governmental entity that obtained the order shall notify the person about whom information is sought that a court order has been obtained:

(i) within three days of the day on which service of the order is made upon the financial institution; and

(ii) no later than seven days before the day fixed in the order as the day upon which the records are to be produced or examined.

(b) The notice required by Subsection (1)(a) shall be accompanied by:

(i) a copy of the order that has been served upon the financial institution;

(ii) a copy of the motion or application upon which the order is based; and

(iii) a statement setting forth the rights of the person under Section 7-1-1003.

(2)

(a) The notice shall be sufficient if, on or before the third day after issuance of the order, notice is:

(i) served in the manner provided in Rule 4 (d), Utah Rules of Civil Procedure, upon the person entitled to notice; or

(ii) mailed by certified or registered mail to the last-known address of the person entitled to notice.

(b) Notwithstanding Subsection (2)(a), if the person entitled to notice is deceased or under legal disability, notice shall be served upon or mailed to the last-known address of that person's executor, administrator, guardian, or other fiduciary.

Renumbered and Amended by Chapter 3, 2008 General Session