2006 Utah Code - 76-10-1209 — Injunctive relief -- Jurisdiction -- Consent to be sued -- Service of process.

     76-10-1209.   Injunctive relief -- Jurisdiction -- Consent to be sued -- Service of process.
     (1) The district courts of this state shall have full power, authority, and jurisdiction, upon application by any county attorney or city attorney within their respective jurisdictions or the attorney general, to issue any and all proper restraining orders, preliminary and permanent injunctions, and any other writs and processes appropriate to carry out and enforce the provisions of this part. No restraining order or injunction, however, shall issue except upon notice to the person sought to be enjoined. That person shall be entitled to a trial of the issues commencing within three days after filing of an answer to the complaint and a decision shall be rendered by the court within two days after the conclusion of the trial. If a final order or judgment of injunction is entered against the person sought to be enjoined, this final order or judgment shall contain a provision directing the person to surrender to the sheriff of the county in which the action was brought any pornographic material in his possession which is subject to the injunction; and the sheriff shall be directed to seize and destroy this material.
     (2) Any person not qualified to do business in the state who sends or brings any pornographic material into the state with the intent to distribute or exhibit it to others in this state thereby consents that he may be sued in any proceedings commenced under this section and therefor appoints the director of the Division of Corporations and Commercial Code to be the agent upon whom may be served all legal process against that person. Service of process shall be made by serving a copy of same upon the director of the Division of Corporations and Commercial Code or by filing the copy in that office, together with payment of a fee determined by the division pursuant to Section 63-38-3.2. This service shall be sufficient service upon the defendant if:
     (a) notice of the service and a copy of the process are within ten days thereafter sent by mail by the prosecuting attorney to the defendant at the address of the defendant that appears on any material exhibited or distributed, and if no address appears, then the last known address of the defendant; and
     (b) the prosecuting attorney's affidavit of compliance with the provisions of this subsection are attached to the summons. The Division of Corporations and Commercial Code shall keep a record of all the process served upon it under this section, showing the day and hour of the service. Nothing in this subsection shall be construed to limit the operation of Rule 17(e) of the Utah Rules of Civil Procedure.
     (3) This section shall not be construed in any way to limit the district courts in the exercise of their jurisdiction under any other provision of law.

Amended by Chapter 28, 1995 General Session