URCP058A – Utah Court Rules

Posted: May 12, 2016

Rules of Civil Procedure – Effective November 1, 2016

URCP054 Judgment; costs. Amend. Establishes a process to add attorney fees and costs to a judgment.

URCP058A Entry of judgment; abstract of judgment. Amend. In conjunction with amendments to rule 4 of the Utah Rules of Appellate Procedure, establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under rules 50, 52, and 59 of the Rules of Civil Procedure, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.

URCP058A Advisory Committee Note

URCP073 Attorney fees. Amend. Modifies the process for claiming attorney fees. Adopts many features of FRCP 54(d).

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: September 9, 2013

Rules of Civil Procedure

URCP 058A. Entry of judgment; abstract of judgment. Amend. Requires the party preparing the judgment to promptly serve a copy of the signed judgment on the other parties and promptly file proof of service with the court. Proposed in conjunction with proposed amendments to URAP 4.
URCP 064D. Writ of garnishment. Amend. Extends a writ of continuing garnishment to one year, unless a second or subsequent writ is served.
Supreme Court Order.

Posted: March 1, 2011

Rules of Civil Procedure

URCP 058A. Entry of judgment; abstract of judgment. Amend. Resolves an inconsistency within the rule and directs that a judgment by confession will be signed by the clerk.
Supreme Court Order.