Category: URCP004

Posted: August 23, 2023

Rules of Civil Procedure – Effective November 1, 2023

URCP004. Process. FINAL. Amendments were made to subparagraph (d)(1)(D) after the suggestion proposed by Judge Orme in Jordan Credit Union v. Sullivan, 2022 UT App 120 (Orme, J. concurring) in order to allow for personal service of process on an incarcerated person.

URCP010. Form of pleadings and other papers. FINAL. Amendments were made to subparagraph (d) to modify the top margin from 1.5 inches to 1 inch, which is similar to the right, left and bottom margins.

URCP100A. Case management of domestic relations actions. FINAL. Amendments were made to subparagraph (a) to add a provision exempting the Office of Recovery Services from the case management conference requirement.

Supreme Court Order

Posted: November 1, 2022

Rules of Civil Procedure – Effective November 1, 2022

URCP004. Process. Amend. A community member recognized the slight difference in the language of the rule and the language in the form summons as it relates to default judgments. Based upon the regular practice with default judgments the Committee proposed a change of the word “will” to “may” in subsection (c)(1)(E). The rule now reads a “judgment by default may be entered against the defendant.”

URCP043. Evidence. Amend. A proposal was made to change the language of the remote hearing oath outlined in subsection (c) to remove the language “issue (or matter) pending between ___ and ___” to be replaced by the word “matter.” Particularly for cases in juvenile court where the caption is “State of Utah in the interest of …” the language in the oath is more encompassing if read “evidence you shall give in this matter” when administering the oath.

URCP076. Notice of contact information change. Amend. After review of the rule and publishing for comment twice, the amendments include what information must be provided when contact information changes and to whom notice should be sent.

Supreme Court Order

Posted: March 2, 2021

Rules of Civil Procedure – Effective May 1, 2021

The Notice Amendments below reference required new forms. The forms may be found at the bottom of the Utah Rules of Civil Procedure webpage, as follows:

Judicial Council Approved Bilingual Notices to Responding Party

7101GE Bilingual Notice to Responding Party for Motions – PDF | Word
7015GE Bilingual Notice to Responding Party for In-State Summons – PDF | Word
7016GE Bilingual Notice to Responding Party for Out-of-State Summons – PDF | Word
7017GE Bilingual Notice to Responding Party for Ten Day Summons – PDF | Word
7027GE Bilingual Notice to Responding Party for Summons for Publication – PDF | Word
7105EV Bilingual Notice to Responding Party for Eviction Summons – PDF | Word

The Notice Amendments also now require caution language on some documents. Sample forms containing caution language are below:

SAMPLE FORMS

Notice Amendments

As a whole, the amendments to Rules 4, 7, 8, 36, and 101 require more notice to parties of their rights and obligations.

URCP004. Process. AMEND. The notice amendments to Rule 4(c)(1) require that the Judicial Council-approved bilingual notice of rights be included with the summons.

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The notice amendments to Rule 7(c) require caution language on the first page of all dispositive motions. It also requires the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.

URCP008. General rules of pleadings. AMEND. The notice amendments to Rule 8(a) require caution language on the first page of all pleadings requesting relief and provide consequences for failing to do so.

URCP036. Request for admission. AMEND. The notice amendments to Rule 36(b) require caution language on the first page of all requests for admission and provides consequences for failing to do so.

URCP101. Motion practice before court commissioners. AMEND. The notice amendments to Rule 101(a) require caution language on the first page of all motions to court commissioners. It also requires the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.

Service of Process Amendments

URCP004. Process. AMEND. The service of process amendments to Rule 4 address service on minors in paragraph (d)(1)(B) and outline the requirements for electronic acceptance of service in paragraph (d)(3)(B).

Supplemental Proceedings Amendments

URCP007A. Motion to enforce order and for sanctions. NEW.

URCP007B. Motion to enforce order and for sanctions in domestic law matters. NEW.

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND.

Rules 7A and 7B create a new, uniform process for enforcing court orders through regular motion practice. They replace the current order to show cause process found in Rule 7(q) and in local court rules. Rule 7B addresses the domestic law order to show cause process.

Supreme Court Order

Posted: May 8, 2018

Rules of Civil Procedure – Effective May 8, 2018

URCP004. Process. Amend.Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.

URCP011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.

URCP055. Default. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5) expedited rulemaking.

URCP063. Disability or disqualification of a judge. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5).

Supreme Court Order

Posted: October 31, 2016

Rules of Civil Procedure – Effective November 1, 2016

URCP004. Process. Amend. The proposed amendment eliminates the authority to serve a defendant any time before trial, see St. Jeor v. Kerr Corporation, 2015 UT 49, ¶2. It also allows for and describes acceptance of the summons and complaint, which replaces the section on waiver of service, and it requires proof of service to include a copy of the summons.

URCP015. Amended and supplemental pleadings. Amend. Adopts the federal rule governing relation-back of an amended pleading when the amended pleading adds a new party. See Wright v. P.K. Transport, 2014 UT App 93. ¶¶ 18-22, Voros concurring. Requires that the proposed amended pleading be attached to the motion for permission to file an amended pleading. Adopts many of the grammar and style amendments of the federal rule.

Supreme Court Order

Posted: April 10, 2014

Rules of Civil Procedure

URCP 004. Process. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 006. Time. Repeal and reenact. Conforms the computation of time to the approach of the Federal Rules of Civil Procedure.
URCP 007. Pleadings allowed; motions, memoranda, hearings, orders. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 010. Form of pleadings and other papers. Amend. Prohibits a graphic or “wet” signature on an electronically filed document.
URCP 012. Defenses and objections. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 014. Third-party practice. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 015. Amended and supplemental pleadings. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 017. Parties plaintiff and defendant. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 027. Depositions before action or pending appeal. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 038. Jury trial by right. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 050. Motion for a directed verdict and for judgment notwithstanding the verdict. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 052. Findings by the court; correction of the record. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 053. Masters. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 054. Judgments; costs. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 056. Summary judgment. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 058B. Satisfaction of judgment. Amend. Requires the creditor to file a satisfaction of judgment within 28 days after the judgment has been paid.
URCP 059. New trials; amendments of judgment. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 060. Relief from judgment or order. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 062. Stay of proceedings to enforce a judgment. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 063. Disability or disqualification of a judge. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 064. Writs in general. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 064A. Prejudgment writs in general. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 064D. Writ of garnishment. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 064E. Writ of execution. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 065A. Injunctions. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 065C. Post-conviction relief. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 066. Receivers. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 068. Settlement offers. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 069C. Redemption of real property after sale. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 074. Withdrawal of counsel. Amend. Permits an attorney making a limited appearance to withdraw by announcing the withdrawal in court, if permitted by the judge. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 075. Limited Appearance. Amend. Permits an attorney making a limited appearance to announce the appearance in court, if permitted by the judge.
URCP 101. Motion practice before court commissioners. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
Supreme Court Order.

Posted: March 2, 2006

Rules of Civil Procedure

URCP 004. Process. Amend. In conjunction with repealing Rule 71B, permit case to proceed against parties who are served.
URCP 6. The original notice of amendments included changes to Rule 6. Those amendments should have awaited the balance of the electronic filing rules and have been withdrawn.
URCP 062. Stay of proceedings to enforce a judgment. Amend. Establishes an automatic 10-day stay on enforcing a judgment.
URCP 064C. Writ of attachment. Amend. Changes name of rule to “Settlement offers.” Permits a writ of attachment when the writ is authorized by statute.
URCP 068. Offer of judgment. Amend. Changes name of rule to “Settlement offers.”Makes results of failure to improve bi-directional.
URCP 071. Process in behalf of and against persons not parties. Renumber and Amend. In conjunction with repealing Rule 71B, renumber Rule 71A as Rule 71. Gender neutral text.
URCP 071B. Proceedings where parties not summoned. Repeal. Repeal as contrary to due process.
Supreme Court Order.

Posted: February 18, 2004

Rules of Civil Procedure

URCP 4. Process. Dispense with requirement that order allowing service by publication be published.
URCP 6. Time. Technical changes to conform with Rule 7.
URCP 7. Pleadings allowed, motions, memoranda, hearings, orders, objection to commissioner?s order. Removes motions to court commissioners from the scope of the rule. Establishes the maximum length of memoranda at 10 pages without leave of the court.
URCP 24. Intervention. Provides for notice to the attorney general, county attorney or municipal attorney when claiming that a statute or ordinance is unconstitutional.
URCP 62. Stay of proceedings to enforce a judgment. Clarify finality rule. This version does NOT contain the legislative amendments of HJR 16. See entry for 2004-03-02.
URCP 64D. Garnishment. Conform to statutory changes assigning collection responsibility to the Department of Workforce services.
URCP 68. Offer of judgment. Repeal and reenact. Limit liability of offeror for costs and attorney fees incurred by offeree after an offer. Establishes offeree?s responsibility for offeror?s costs.
URCP 74. Withdrawal of counsel. Replaces 4-506. Modifies content of notice/request to withdraw.
URCP 101. Domestic pretrial conferences and orders. Repeal.
URCP 106. Modification of divorce decrees. Replaces CJA 6-404. Requires petition, served as an initial complaint, to initiate action to modify divorce decree.