Category: URCP008

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 4, 2016

Rules of Civil Procedure – Effective May 1, 2016

URCP 006. Time. Amend. Corrects references to amended rules 50 and 60.

Revision to URCP 006.

URCP 008. General rules of pleadings. Amend. Changes the phrase “contributory negligence” to “comparative fault,” in keeping with Utah Code sections 78B-5-817.

URCP 011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Recognizes the requirements of Rule 5(f) for a notarized, verified or acknowledged signature.

URCP 050. Judgment as a matter of law in a jury trial; related motion for a new trial; conditional ruling. Amend. Adopts many of the provisions of FRCP 50. Changes the name from “directed verdict” to “judgment as a matter of law.” Eliminates the requirement that the motion be renewed at the close of all evidence. Extends to 28 days after the judgment the time in which to renew the motion for judgment as a matter of law. Describes the effect of trial court rulings reversed on appeal.

URCP 052. Findings and conclusions by the court; amended findings; waiver of findings and conclusions; correction of the record; judgment on partial findings. Adopts many of the provisions of FRCP 52. Provides for judgment on partial findings, which will replace an equivalent provision in Rule 41(b). Extends to 28 days after the judgment the time in which to file a motion to amend or make additional findings.

URCP 055. Default. Amend. Requires the plaintiff to provide a verified complaint or affidavit setting forth the necessary facts to establish the amount of the claim, after deducting credits, and verifies that the amount is warranted by information in the plaintiff’s possession.

URCP 059. New trial; amendments of judgment. Amend. Adopts many of the provisions of FRCP 59. Extends to 28 days after the judgment the time in which to file a motion for new trial or a motion to amend or alter the judgment. Allows the court to grant, after notice and an opportunity to be heard, a motion for a new trial for a reason not stated in the motion.

URCP 060 Relief from judgment or order. Amend. Style changes intended to simplify and clarify the rule.

URCP 063. Disability or disqualification of a judge. Amend. Allows a second or subsequent motion to disqualify a judge if the motion is based on grounds that the party did not know of and could not have known of at the time of the earlier motion. Requires a request to submit for decision with the motion. Expressly prohibits a response from another party.

Supreme Court Order.

Revised Supreme Court Order

Posted: August 30, 2011

Rules of Civil Procedure

The Supreme Court has approved these extensive changes to the civil disclosure and discovery rules. Because several of the rules are difficult to read with traditional redline interlineation, the rules are also shown here as amended. The amendments are effective for all cases filed on or after November 1, 2011.
Supreme Court Order.

Redline	As Amended
URCP 001. General provisions.	URCP 001. General provisions.
URCP 008. General rules of pleadings.	URCP 008. General rules of pleadings.
URCP 009. Pleading special matters.	URCP 009. Pleading special matters.
URCP 016. Pretrial conferences.	URCP 016. Pretrial conferences.
URCP 026. General provisions governing disclosure and discovery.	URCP 026. General provisions governing disclosure and discovery.
URCP 026.01. Disclosure in domestic relations actions.	URCP 026.01. Disclosure in domestic relations actions.
URCP 029. Stipulations regarding disclosure and discovery procedure.	URCP 029. Stipulations regarding disclosure and discovery procedure.
URCP 030. Depositions upon oral questions.	URCP 030. Depositions upon oral questions.
URCP 031. Depositions upon written questions.	URCP 031. Depositions upon written questions.
URCP 033. Interrogatories to parties.	URCP 033. Interrogatories to parties.
URCP 034. Production of documents and things and entry upon land for inspection and other purposes.	URCP 034. Production of documents and things and entry upon land for inspection and other purposes.
URCP 035. Physical and mental examination of persons.	URCP 035. Physical and mental examination of persons.
URCP 036. Request for admission.	URCP 036. Request for admission.
URCP 037. Discovery and disclosure motions; Sanctions.	URCP 037. Discovery and disclosure motions; Sanctions.
URCP 054. Judgments; costs.	URCP 054. Judgments; costs.