Utah Courts
URBCP Rule 86 (Rules of Business and Chancery Court Procedure)
URBCP Rule 86 (Rules of Business and Chancery Court Procedure)
Rule 86. Licensed paralegal practitioners.
(a) Application of the Rules of Business and Chancery Procedure to licensed paralegal practitioners. To the extent consistent with their limited license, licensed paralegal practitioners must be treated in the same manner as attorneys for purposes of interpreting and implementing these rules. If a rule permits or requires an attorney to sign or file a document, a licensed paralegal practitioner may do so only if there is an applicable court-approved form available and the practice is consistent with the scope of the licensed paralegal practitioner’s license.
(b) Terms “attorney” and “counsel.” Throughout these rules, where the terms “attorney,” “lawyer,” and “counsel” are used, they refer to legal professionals. Legal professionals include licensed paralegal practitioners in the practice areas for which licensed paralegal practitioners are authorized to practice. Those practice areas are set forth in Utah Special Practice Rule 14-802 unless specifically carved out in this rule.
(c) Disclosures under Rule 26. Licensed paralegal practitioners are permitted to prepare and serve initial, supplemental, and pretrial disclosures under Rule 26.
(d) Licensed paralegal practitioner fees. Where these rules refer to attorney fees, they also mean licensed paralegal practitioner fees. Under Rule 73 of the Utah Rules of Civil Procedure, licensed paralegal practitioners may recover fees with a supporting affidavit. Rule 73(f)(1)-(3) of the Utah Rules of Civil Procedure does not apply to licensed paralegal practitioners.
(e) Appearances.
(1) Under Rule 75 of the Utah Rules of Civil Procedure, a licensed paralegal practitioner whose agreement with a party is limited to the preparation, but not the filing, of a pleading or other paper is not required to enter an appearance.
(2) A licensed paralegal practitioner who has entered a general appearance is obligated to inform the client of any papers filed, regardless of whether the paper falls within the scope of the licensed paralegal practitioner’s representation.
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