Category: URCP026

Posted: June 21, 2021

Rules of Civil Procedure – Effective November 1, 2021 and May 1, 2022

DISCLOSURE AND DISCOVERY AMENDMENTS

URCP026. General provisions governing disclosure and discovery. Amend. The amendments to Rule 26 extend several discovery timelines and clarify multiple provisions. The amendments also include the language that was proposed in SJR004 (2021), which addressed a party’s duty to pay an expert witness’s hourly fee for attendance at a deposition.

FAMILY LAW AMENDMENTS

As a whole, the family law amendments below are intended to

make case names more neutral and less antagonistic;
shorten the presumptive discovery period for domestic cases;
implement the case management recommendations of the “Report and Recommendations to the Standing Committee on Children and Family Law;” and
address issues raised in a recent legislative audit.

URCP010. Form of pleadings and other papers. Amend. Effective May 1, 2022.

URCP012. Defenses and objections. Amend.

URCP026. General provisions governing disclosure and discovery. Amend.

URCP026.01. Disclosure and discovery in domestic relations actions. Amend.

URCP100A. Case Management of Domestic Relations Actions. NEW.

URCP104. Divorce decree upon affidavit. Amend.

URCP106. Modification of final domestic relations order. Amend.

Supreme Court Order for rules 12, 26, 26.1, 100A, 104, and 106

Supreme Court Order for Rule 10

Posted: January 12, 2015

Rules of Civil Procedure

URCP 026. General provisions governing disclosure and discovery. Amend. Refers the person requesting extraordinary discovery to rule 37.
URCP 030. Depositions upon oral questions. Amend. Deletes an incorrect reference to appellate transcripts of court hearings as the method for preparing a transcript of a deposition.
URCP 037. Discovery and disclosure motions; Sanctions. Amend. Replaces traditional discovery motions with the process of expedited statements of discovery issues currently found in Code of Judicial Administration Rule 4-502. If approved, the procedural provisions of Rule 4-502 will be deleted. Allows costs and attorney’s fees to be included as part of a statement of discovery issues, but requires a motion for sanctions.
URCP 045. Subpoena. Amend. Refers the person objecting to a subpoena or requesting an order to compel to rule 37. Requires that a third-party subpoena be served on the other parties.
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.

Posted: September 3, 2008

Rules of Civil Procedure

URCP 009. Pleading special matters. Amend. Correct references to former Utah Code Title 78.
URCP 026. Advisory Committee Note. Amend. Correct references to former Utah Code Title 78.
URCP 057. Declaratory judgments. Amend. Correct references to former Utah Code Title 78.
URCP 064. Writs in general. Amend. Correct references to former Utah Code Title 78.
URCP 064A. Prejudgment writs in general. Amend. Correct references to former Utah Code Title 78.
URCP 064D. Writ of garnishment. Amend. Correct references to former Utah Code Title 78.
URCP 064E. Writ of execution. Amend. Correct references to former Utah Code Title 78.
URCP 065C. Post-conviction relief. Amend. Correct references to former Utah Code Title 78.
URCP 067. Deposit in court. Amend. Correct references to former Utah Code Title 78.
URCP 100. Coordination of cases pending in district court and juvenile court. Amend. Correct references to former Utah Code Title 78.

Posted: August 16, 2007

Rules of Civil Procedure

URCP 016. Pretrial conferences, scheduling, and management conferences. Amend. Coordinates sanction provisions with those in Rule 35 and Rule 37. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 023A. Derivative actions by shareholders. Renumber and amend. Renumbers the rule to conform to Supreme Court protocol. Amends the rule to more clearly delineate the content of the petition. Effective Date: November 1, 2007.
URCP 026. General provisions governing discovery. Amend. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 033. Interrogatories to parties. Amend. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 034. Production of documents and things and entry upon land for inspection and other purposes. Amend. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 035. Physical and mental examination of persons. Amend. Coordinates sanction provisions with those in Rule 16 and Rule 37. Effective Date: November 1, 2007.
URCP 037. Failure to make or cooperate in discovery; sanctions. Amend. Creates sanctions for spoliation of evidence. Coordinates sanction provisions with those in Rule 16 and Rule 35. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 045. Subpoena. Amend. Require person scheduling deposition to give advance notice before serving subpoena. Permit person serving subpoena rather than recipient to decide whether records should be copied and delivered or delivered for inspection and copying. Requires advance pa Effective Date: November 1, 2007.
URCP 101. Motion practice before court commissioners. Amend. Permit motion for default judgment to be heard by the court commissioner. Technical amendments. Effective Date: November 1, 2007.
URCP 106. Modification of divorce decrees. Amend. Expand to include modification of any final domestic relations order. Effective Date: November 1, 2007.
URCP Form40. Subpoena. Repeal & Reenact. Subpoena, Notice of Rights, Objection. Effective Date: November 1, 2007.

Supreme Court Order.

Posted: February 4, 2005

Utah Rules of Civil Procedure

URCP 009. Pleading special matters. Amend. Describes method for identifying persons to whom a defendant wants to assess fault under Utah Code Section 78-27-41. Effective May 2, 2005 Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
URCP 026. General provisions governing discovery. Amend. Discovery plan should include deadline for identifying non-parties to whom fault will be allocated. Effective May 2, 2005 Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
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.