Category: URCP007

Posted: February 2, 2023

Rules of Civil Procedure – Effective May 1, 2023

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. (AMEND). The first change to subparagraph (l)(1) adds motions for Rule 16 pretrial conferences to the list of motions the court may act upon without waiting for a response. The second change removes portions of the rule and adds subparagraph (q) to the end of the rule to outline page limits and word limits for filings. This brings the rule in line with the Utah Local Federal rules, the Utah Rules of Appellate Procedure, and the Federal Courts of Appeal which use page and word limits. Parties may use the page or word limits.

URCP007A. Motions to enforce order and for sanctions. (AMEND). The change to subparagraph (h) clarifies confusion that may arise in reading rule 109 where an injunction is entered by the court in domestic actions and whether a party may file a motion to enforce an injunction entered by the court. The same change was made to Rule 7B.

URCP007B. Motion to enforce order and for sanctions in domestic law matters. (AMEND). The change to subparagraph (h) clarifies confusion that may arise in reading rule 109 where an injunction is entered by the court in domestic actions and whether a party may file a motion to enforce an injunction entered by the court. The same change was made to Rule 7A.

Supreme Court Order

Posted: April 15, 2021

Rules of Civil Procedure – Effective May 1, 2021

URCP006. Time. AMEND. The proposed amendments to Rule 6(c) acknowledge the timing issues surrounding mail service by expanding the amount of time to act from 3 days to 7.

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The proposed amendments to Rule 7 provide that motion hearings may be held remotely, consistent with the safeguards in Rule 43(b).

URCP037. Statement of discovery issues; Sanctions; Failure to admit, to attend deposition or to preserve evidence. AMEND. The proposed amendments to Rule 37 provide that hearings on discovery issues be conducted remotely, consistent with the Rule 43(b) safeguards.

URCP043. Evidence. AMEND. Replaces repealed Code of Judicial Administration Rule 4-106. The proposed amendments provide appropriate safeguards for the use of remote hearings and bring evidentiary hearings into the rule’s purview. The amendments also adopt an oath to be used for all witness testimony.

URCP045. Subpoena. AMEND. The proposed amendments to Rule 45 provide that if an appearance is required in response to a subpoena, the subpoena must provide notice of the date, time, and place for the appearance and, if remote transmission is requested, instructions for participation and who to contact if there are technical difficulties.

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: March 24, 2017

Rules of Civil Procedure – Effective May 1, 2017

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. Amend. Returns pre-2015 paragraph (b)(2) language addressing limits on orders to show cause to new paragraph (q).

URCP035. Physical and mental examination of persons. Amend. The 2017 amendments to Rule 35 clarify when there is overlap between a Rule 26(a)(4) expert report and when there is not. They also provide the shorter of a 60-day time frame or 7 days prior to the close of fact discovery in which the party requesting the Rule 35 examination must disclose the report to the person being examined.

URCP045. Subpoena. Amend. In conformity with Rule 84’s repeal, makes a technical amendment to paragraph (a)(1)(E). Also makes a technical amendment to paragraph (i) in anticipation of the prisoner mailbox rule’s adoption.

URCP065C. Post-conviction relief. Amend. Expressly makes all records in the criminal case under review, including the records in an appeal of that conviction, part of the trial court record in the petition for post-conviction relief.

URCP084. Forms. Repeal. Since the task of creating and updating court forms resides with the newly formed Judicial Council Standing Committee on Forms under UCJA Rules 1-205 and 3-117, the Supreme Court’s Advisory Committee on the Rules of Civil Procedure will no longer create forms.

Supreme Court Order

Posted: June 25, 2015

Rules of Civil Procedure

URCP 005. Service and filing of pleadings and other papers. Amend. Eliminates service by fax and allows the parties to agree to a method of service not approved by rule. Eliminates the requirement to obtain a lawyer’s agreement to be served by email. Retains that requirement when serving self represented parties. Requires electronic filing by parties with an electronic filing account. Describes how to file an affidavit. Style changes intended to simplify and clarify the rule.
URCP 007. Pleadings allowed; motions, memordanda, hearings, orders. Repeal and reenact. Brings regularity to motion practice. Adopts many of the provisions of Rule 71 of the U.S. District Court for the District of Utah. Combines the motion and the memorandum supporting the motion into one document. Establishes new page limits. Describes supplemental authority and an objection to evidence. Prohibits a proposed order in most circumstances. Describes the process for preparing an order after a ruling on the motion. Eliminates the requirements for words indicating that nothing further is required of the parties if the judge intends a ruling or decision to be final. Eliminates the requirement that an order be a separate document.
URCP 054. Judgment; costs. Defines a “judgment.” Eliminates the requirement to state the process by which the judgment was entered. Removes an antiquated process for amending the judgment to include interest and costs. Style changes intended to simplify and clarify the rule.
URCP 056. Summary judgment. Repeal and reenact. Adopts many of the provisions of the Federal Rule of Civil Procedure 56. Includes some special requirements formerly found in rule 7.
URCP 058A. Entry of judgment; abstract of judgment. Amend. Requires that every judgment and decree be prepared as a separate document. Describes the process for preparing a proposed judgment. Fixes the time at which the judgment is entered; even if a separate document is not prepared.
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: September 29, 2005

Rules of Civil Procedure

URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner’s order. Amend. Prohibits orders embedded in other documents unless permitted by the court.
URCP 047. Jurors. Amend. Clarifies situations in which multiple parties share peremptory challenges.
URCP 101. Motion practice before court commissioners. New. Establishes procedures for motions to a court commissioner.
URCP 106. Modification of divorce decrees. Amend. Describes conditions in which the court may enter a temporary order in an action to modify a divorce decree.
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.