Posted: November 29, 2017
Rules of Civil Procedure – Effective May 1, 2018
URCP005. Service and filing of pleadings and other papers. Amend. Provides that the court submitting a paper to the electronic filing service provider is a valid method of service if the person being served has an electronic filing account. Also provides that certificates of service are not required for papers that are prepared and served by the court when service to all parties is made under paragraph (b)(3)(A).
URCP006. Time. Amend. Adopts the prisoner mailbox rule, which provides that pleadings and papers filed or served by an inmate confined in an institution are timely if they are deposited in the institution’s internal mail system on or before the last day for filing. Also provides that when a party is not represented by an attorney, does not have an electronic filing account, and may or must act within a specified time after the filing of a paper, the period of time within which the party may or must act is counted from the service date and not the filing date of the paper.
URCP026.03. Subpoena. Amend. In response to recent legislative updates to Utah Code section 78B-6-810, changes the language in paragraphs (b)(2) and (c) from “occupancy hearing” to “evidentiary hearing” and removes the language “to determine occupancy” in those paragraphs. Also removes the reference to commercial tenants in paragraph (a).
URCP045. Subpoena. Amend. Makes a technical amendment in conformity with Rule 6.