Rule 7A. Rule not applicable in business and chancery court.

Rule 7A of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 26.1. Rule not applicable in business and chancery court.

Rule 26.1 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 26.2. Rule not applicable in business and chancery court.

Rule 26.2 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 26.3. Rule not applicable in business and chancery court.

Rule 26.3 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 26.4. Rule not applicable in business and chancery court.

Rule 26.4 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 39. Rule not applicable in business and chancery court.

Rule 39 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 47. Rule not applicable in business and chancery court.

Rule 47 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 48. Rule not applicable in business and chancery court.

Rule 48 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 49. Rule not applicable in business and chancery court.

Rule 49 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 50. Rule not applicable in business and chancery court.

Rule 50 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 51. Rule not applicable in business and chancery court.

Rule 51 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 63A. Rule not applicable in business and chancery court.

Rule 63A of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 65C. Rule not applicable in business and chancery court.

Rule 65C of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 100. Rule not applicable in business and chancery court.

Rule 100 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 100A. Rule not applicable in business and chancery court.

Rule 100A of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 101. Rule not applicable in business and chancery court.

Rule 101 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 102. Rule not applicable in business and chancery court.

Rule 102 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 104. Rule not applicable in business and chancery court.

Rule 104 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 105. Rule not applicable in business and chancery court.

Rule 105 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 106. Rule not applicable in business and chancery court.

Rule 106 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 107. Rule not applicable in business and chancery court.

Rule 107 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 108. Rule not applicable in business and chancery court.

Rule 108 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

Rule 109. Rule not applicable in business and chancery court.

Rule 109 of the Utah Rules of Civil Procedure is not applicable in the business and chancery court.

(a) Applicability of rules. These rules govern the procedure in all actions in the business and chancery court of the state of Utah, whether cognizable at law or in equity, except as governed by other rules promulgated by this court or statutes enacted by the Legislature. These rules govern all actions brought after they take effect and all further proceedings in actions then pending. If, in the opinion of the court, applying a rule in an action pending when the rule takes effect would not be feasible or would be unjust, the former procedure applies.

(b) Title. These rules are known and may be cited as the Utah Rules of Business and Chancery Procedure. These rules may be abbreviated as U.R.B.C.P.

(c) Applicability of Utah Rules of Civil Procedure. The Utah Rules of Civil Procedure apply in the business and chancery court except where:

(1) There is a rule of the same number in the Utah Rules of Business and Chancery Procedure; or

(2) The Utah Rules of Business and Chancery Procedure exclude the application of these rules by specific rule number as set forth in Appendix A to these rules.

(d) Reference to “court.” Unless otherwise noted, the use of “court” in these rules means the business and chancery court of the state of Utah.

(e) Interpretation of rules. These rules will be liberally construed and applied to achieve the just, speedy, and inexpensive determination of every action.

(f) Citation to court decisions. This court’s decisions (whether reported or unreported) may be cited by parties as persuasive authority. A party citing a decision of this court must provide a copy of the decision to the other parties and the court when it is cited.

Advisory Committee Note

These rules were drafted using the Utah Rules of Civil Procedure as their base line. Thus, where the Committee determined that the Rules of Civil Procedure were adequate for the Business and Chancery Court, these rules simply incorporate them by reference rather than repeat the identical language. For example, although these rules include significant modifications to Utah Rule of Civil Procedure 26, necessitating a distinct Rule 26 for the Business and Chancery Court, the Committee concluded that Utah Rule of Civil Procedure 37, including its mechanisms for enforcing the parties’ discovery obligations under Rule 26, could be adopted into these rules without modification and is therefore incorporated by reference.

(a) Claims for relief. An original claim, counterclaim, cross-claim or third-party claim must contain a short and plain: (1) statement of the claim showing that the party is entitled to relief; (2) demand for judgment for specified relief; and (3) statement of the basis for jurisdiction in the court. Relief in the alternative or of several different types may be demanded. A pleading requesting relief must include the following caution language at the top right of the first page, in bold print: “If you do not respond to this document within applicable time limits, judgment could be entered against you as requested.” Failure to include the caution language may provide the responding party with a basis under Rule 60(b) of the Utah Rules of Civil Procedure for excusable neglect to set aside any resulting judgment or order.

(b) Defenses; form of denials. A party must state in simple, short, and plain terms any defenses to each claim asserted and must admit or deny the statements in the claim. A party without knowledge or information sufficient to form a belief about the truth of a statement must so state, and this has the effect of a denial. Denials must fairly meet the substance of the statements denied. A party may deny all of the statements in a claim by general denial. A party may specify the statement or part of a statement that is admitted and deny the rest. A party may specify the statement or part of a statement that is denied and admit the rest.

(c) Affirmative defenses. An affirmative defense must contain a short and plain: (1) statement of the affirmative defense; and (2) a demand for relief. A party must set forth affirmatively in a responsive pleading accord and satisfaction, arbitration and award, assumption of risk, comparative fault, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. If a party mistakenly designates a defense as a counterclaim or a counterclaim as a defense, the court, on terms, may treat the pleadings as if the defense or counterclaim had been properly designated.

(d) Effect of failure to deny. Statements in a pleading to which a responsive pleading is required, other than statements of the amount of damage, are admitted if not denied in the responsive pleading. Statements in a pleading to which no responsive pleading is required or permitted are deemed denied or avoided.

(e) Consistency. A party may state a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. If statements are made in the alternative and one of them is sufficient, the pleading is not made insufficient by the insufficiency of an alternative statement. A party may state legal and equitable claims or legal and equitable defenses regardless of consistency.

(f) Construction of pleadings. All pleadings will be construed to do substantial justice.

(a) Caption; names of parties; other necessary information.

(1) All pleadings and other papers filed with the court must contain a caption setting forth the name of the court, the title of the action, the file number, if known, the name of the pleading or other paper, and the name, if known, of the judge (and commissioner if applicable) to whom the case is assigned..

(2) In the complaint, the title of the action must include the names of all the parties, but other pleadings and papers need only state the name of the first party on each side with an indication that there are other parties. A party whose name is not known must be designated by any name and the words “whose true name is unknown.” In an action in rem, unknown parties must be designated as “all unknown persons who claim any interest in the subject matter of the action.”

(3) Every pleading and other paper filed with the court must state in the top left-hand corner of the first page the name, address, email address, telephone number, and bar number of the attorney or party filing the paper, and, if filed by an attorney, the party for whom it is filed.

(4) A party filing a claim for relief, whether by original claim, counterclaim, cross-claim, or third-party claim, must also file a completed cover sheet substantially similar in form and content to the cover sheet approved by the Judicial Council. The clerk may destroy the coversheet after recording the information it contains.

(b) Paragraphs; separate statements. All statements of claim or defense must be made in numbered paragraphs. Each paragraph must be limited as far as practicable to a single set of circumstances; and a paragraph may be adopted by reference in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials must be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

(c) Adoption by reference; exhibits. Statements in a paper may be adopted by reference in a different part of the same or another paper. An exhibit to a paper is a part thereof for all purposes.

(d) Paper format. All pleadings and other papers, other than exhibits and court-approved forms, must be 8½ inches wide x 11 inches long, on white background, with a right, left, top, and bottom margin of not less than 1 inch. All text or images must be clearly legible, must be double spaced, except for matters customarily single spaced, must be on one side only, and must not be smaller than 12-point size.

(e) Signature line. The name of the person signing must be typed or printed under that person’s signature. If a proposed document ready for signature by a court official is electronically filed, the order must not include the official’s signature line and must, at the end of the document, indicate that the signature appears at the top of the first page.

(f) Non-conforming papers. The court clerk may examine the pleadings and other papers filed with the court. If they are not prepared in conformity with paragraphs (a) ‑ (e), the clerk will accept the filing but may require counsel to substitute properly prepared papers for nonconforming papers. The clerk or the court may waive the requirements of this rule for parties appearing pro se. For good cause shown, the court may relieve any party of any requirement of this rule.

(g) Replacing lost pleadings or papers. If an original pleading or paper filed in any action or proceeding is lost, the court may, upon motion, with or without notice, authorize a copy thereof to be filed and used in lieu of the original.

(h) No improper content. The court may strike and disregard all or any part of a pleading or other paper that contains redundant, immaterial, impertinent, or scandalous matter.

(i) Electronic papers.

(1) Any reference in these rules to a writing, recording, or image includes the electronic version thereof.

(2) A paper electronically signed and filed is the original.

(3) An electronic copy of a paper, recording, or image may be filed as though it were the original. Proof of the original, if necessary, is governed by the Utah Rules of Evidence.

(4) An electronic copy of a paper must conform to the format of the original.

(5) An electronically filed paper may contain links to other papers filed simultaneously or already on file with the court and to electronically published authority.

(a) Compulsory counterclaim.

(1) A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim:

(A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and

(B) does not require adding another party over whom the court cannot acquire jurisdiction.

(2) The pleader need not state the claim if:

(A) when the action was commenced, the claim was the subject of another pending action; or

(B) the opposing party sued on its claim by attachment or other process that did not establish personal jurisdiction over the pleader on that claim, and the pleader does not assert any counterclaim under this rule.

(b) Permissive counterclaim. A pleading may state as a counterclaim against an opposing party any claim that is not compulsory, so long as the claim is a claim over which the court has jurisdiction.

(c) Relief sought in a counterclaim. A counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds in amount or differs in kind from the relief sought by the opposing party.

(d) Counterclaim maturing or acquired after pleading. The court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party after serving an earlier pleading, so long as the claim is a claim over which the court has jurisdiction.

(e) Crossclaim against coparty. A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim or if the claim relates to any property that is the subject matter of the original action, so long as the claim is a claim over which the court has jurisdiction. The crossclaim may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.

(f) Joining additional parties. Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.

(g) Separate trials; separate judgments. If the court orders separate trials under Rule 42, it may enter judgment on a counterclaim or crossclaim under Rule 54(b) of the Utah Rules of Civil Procedure when it has jurisdiction to do so, even if the opposing party’s claims have been dismissed or otherwise resolved.

(a) When defendant may bring in third party. At any time after commencement of the action a defendant, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the defendant for all or part of the plaintiff’s claim, so long as the third-party plaintiff’s claimis a claim over which the court has jurisdiction. The third-party plaintiff need not obtain leave to make the service if the party files the third-party complaint no later than 14 days after serving the party’s original answer. Otherwise, the third-party plaintiff must obtain leave on motion upon notice to all parties to the action.

(b) The third-party defendant’s response. The person served with the summons and third-party complaint, hereinafter called the third-party defendant, must make defenses to the third-party plaintiff’s claim as provided in Rule 12 of the Utah Rules of Civil Procedure and any counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Rule 13. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff’s claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff. The third-party defendant may also proceed under this rule against any person not a party to the action who is or may be liable to the third-party defendant for all or part of the claim made in the action against the third-party defendant, so long as the claim is a claim over which the court has jurisdiction.

(c) Plaintiff’s claims against the third-party defendant and the third-party defendant’s response.The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff, so long as the claim is not a claim over which the court lacks jurisdiction, and the third-party defendant thereupon must assert defenses as provided in Rule 12 of the Utah Rules of Civil Procedure and any counterclaims and cross-claims as provided in Rule 13.

(d) When plaintiff may bring in third party. When a counterclaim is asserted against a plaintiff, the plaintiff may cause a third party to be brought in under circumstances which under this rule would entitle a defendant to do so.

(a) Pretrial conferences. The court will direct the attorneys and, when appropriate, the parties to appear for an initial pretrial conference to be held no later than 28 days after all parties have appeared, and in its discretion or upon motion may conduct additional pretrial conferences for such purposes as:

(1) expediting the disposition of the action;

(2) establishing early and continuing control so that the case will not be protracted for lack of management;

(3) discouraging wasteful pretrial activities;

(4) improving the quality of the trial through more thorough preparation;

(5) facilitating mediation or other ADR processes for the settlement of the case;

(6) considering all matters as may aid in the disposition of the case;

(7) establishing the time to join other parties and to amend the pleadings;

(8) establishing the time to file motions;

(9) establishing the time to complete discovery and determining if an accelerated discovery plan deviating from Rule 26 is warranted;

(10) setting the date for pretrial and final pretrial conferences and trial;

(11) providing for the preservation, disclosure, or discovery of electronically stored information;

(12) considering any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after production; and

(13) considering any other appropriate matters.

(b) Parties’ initial planning conference.

(1) No later than 14 days before the date set for the initial pretrial conference, the parties must confer regarding a discovery plan. In conferring, the parties must consider the nature and basis of their claims and defenses and the possibility of promptly resolving the case, discuss any issues about preserving discoverable information, and develop a proposed discovery plan. The attorneys of record and all unrepresented parties who have appeared in the case are jointly responsible for arranging the conference, for attempting in good faith to agree on the proposed discovery plan, and for submitting to the court within seven days after the conference a written report outlining the plan. The court may order the parties or attorneys to attend the conference in person.

(2) A discovery plan must state the parties’ views and proposals on:

(A) the subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to particular issues;

(B) any issues about disclosure, discovery, or preservation of electronically-stored information, including the form or forms in which it should be produced;

(C) any issues about privilege claims or the protection of materials prepared in anticipation of litigation or for trial, including whether to ask the court to include any agreement between the parties in an order under Rule 26;

(D) any changes that should be made in the limitations on discovery imposed under these rules, and any other limitations that should be imposed; and

(E) any other requests that the parties have of the court.

(c) Trial setting. Unless an order sets the trial date, any party may and the plaintiff must, at the close of all discovery, certify to the court that discovery is complete, that any required mediation or other ADR processes have been completed or excused, and that the case is ready for trial. The court will schedule the trial as soon as mutually convenient to the court and parties. The court will notify parties of the trial date and of any final pretrial conference.

(d) Final pretrial conference. The court, in its discretion or upon motion, may direct the attorneys and, when appropriate, the parties to appear at a final pretrial conference for such purposes as discussing settlement and trial management. The conference will be held as close to the time of trial as reasonable under the circumstances.

(e) Sanctions. If a party or a party’s attorney fails to obey an order, if a party or a party’s attorney fails to attend a conference, if a party or a party’s attorney is substantially unprepared to participate in a conference, or if a party or a party’s attorney fails to participate in good faith, the court, upon motion or its own initiative, may take any action authorized by Rule 37(b) of the Utah Rules of Civil Procedure.

Advisory Committee Note

For the purposes of this rule, “ADR” is as defined in CJA Rule 4-510.01.

(a) Joinder of claims. The plaintiff, in the complaint or in a reply setting forth a counterclaim, and the defendant, in an answer setting forth a counterclaim, may join either as independent or as alternate claims as many claims either legal or equitable or both as the plaintiff or defendant may have against an opposing party, so long as the claim is a claim over which the court has jurisdiction. There may be a like joinder of claims when there are multiple parties if the requirements of Rules 19, 20, and 22 are satisfied. There may be a like joinder of cross-claims or third-party claims if the requirements of Rules 13 and 14 respectively are satisfied.

(b) Joinder of remedies; fraudulent conveyances. Whenever a claim is one cognizable only after another claim has been prosecuted to conclusion, the two claims may be joined in a single action; but the court will grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to the plaintiff without first having obtained a judgment establishing the claim for money.

(a) Persons to be joined if feasible. A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of action will be joined as a party in the action if (1) in the person’s absence complete relief cannot be accorded among those already parties, or (2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person’s absence may (i) as a practical matter impair or impede the person’s ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of the claimed interest. If the person has not been so joined, the court will order that the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant, or, in a proper case, an involuntary plaintiff.

(b) Determination by court whenever joinder not feasible. If a person described in paragraph (a)(1)-(2) cannot be made a party, or if any claim to be asserted against such a person isa claim over which the court lacks jurisdiction, the court will determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include: first, to what extent a judgment rendered in the person’s absence might be prejudicial to the person or those already parties; second, the extent to which, by protective provisions in the judgment, by the shaping of relief, or other measure, the prejudice can be lessened or avoided; third, whether a judgment rendered in the person’s absence will be adequate; and fourth, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.

(c) Pleading reasons for nonjoinder. A pleading asserting a claim for relief must state the names, if known to the pleader, of any persons described in paragraph (a)(1)-(2) who are not joined and the reasons why they are not joined.

(d) Exception of class actions. This rule is subject to the provisions of Rule 23 of the Utah Rules of Civil Procedure.

(a) Permissive joinder. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action, so long asthe court has jurisdiction over their claims. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.

(b) Separate trials. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom the original party asserts no claim and who asserts no claim against the party to be included, and the court may order separate trials or make other orders to prevent delay or prejudice.

A person having a claim against the plaintiff may be joined as a defendant and required to interplead when the claim is such that the plaintiff is or may be exposed to double or multiple liability,so long as the claimis a claim over which the court has jurisdiction. It is not ground for objecting to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that the plaintiff is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. The provisions of this rule supplement and do not in any way limit the joinder of parties permitted in Rule 20.

(a) Intervention of right. On timely motion, the court will permit anyone to intervene who:

(1)is given an unconditional right to intervene by a statute; or

(2)claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant’s ability to protect the movant’s interest, unless existing parties adequately represent that interest orthe claim is one over which the court lacks jurisdiction.

(b) Permissive intervention.

(1) In general. On timely motion, the court may permit anyone to intervene who:

(A) is given a conditional right to intervene by a statute; or

(B) has a claim or defense that shares with the main action a common question of law or fact,so long as the claimis one over which the court has jurisdiction.

(2) By a governmental entity. On timely motion, the court may permit a governmental entity to intervene if a party’s claim or defense is based on:

(A)a statute or executive order administered by the governmental entity; or

(B)any regulation, order, requirement, or agreement issued or made under the statute or executive order.

(3) Delay or prejudice. In exercising its discretion, the court will consider whether the intervention will unduly delay or prejudice the adjudication of the original parties’ rights.

(c) Notice and motion required. A motion to intervene must be served on the parties as provided in Rule 5 of the Utah Rules of Civil Procedure. The motion must state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought.

(d) Constitutionality of Utah statutes, ordinances, rules, and other administrative or legislative enactments.

(1) Challenges to a statute. If a party challenges the constitutionality of a statute in an action in which the Attorney General has not appeared, the party raising the question of constitutionality must notify the Attorney General of such fact by serving the notice on the Attorney General by email or, if circumstances prevent service by email, by mail at the address below. The party must then file proof of service with the court.

Email: notices@agutah.gov
Mail:

Office of the Utah Attorney General
Attn: Utah Solicitor General
350 North State Street, Suite230
P.O. Box 142320
Salt Lake City, Utah84114-2320

(2) Challenges to an ordinance or other governmental enactment. If a party challenges the constitutionality of a governmental entity’s ordinance, rule, or other administrative or legislative enactment in an action in which the governmental entity has not appeared, the party raising the question of constitutionality must notify the governmental entity of such fact by serving the person identified in Rule 4(d)(1) of the Utah Rules of Civil Procedure. The party must then file proof of service with the court.

(3) Notification procedures.

(A) Form and content. The notice must (i) be in writing, (ii) be titled “Notice of Constitutional Challenge Under URBCP 24(d),” (iii) concisely describe the nature of the challenge, and (iv) include, as an attachment, the pleading, motion, or other paper challenging constitutionality as set forth above.

(B) Timing. The party must serve the notice on the Attorney General or other governmental entity on or before the date the party files the paper challenging constitutionality as set forth above.

(4) Attorney General’s or other governmental entity’s response to notice.

(A) Within 14 days after the deadline for the parties to file all papers in response to the constitutional challenge, the Attorney General or other governmental entity (responding entity) must file a notice of intent to respond unless the responding entity determines that a response is unnecessary. The responding entity may seek up to an additional seven days’ extension of time to file a notice of intent to respond.

(B) If the responding entity files a notice of intent to respond within the time permitted by this rule, the court will allow the responding entity to file a response to the constitutional challenge and participate at oral argument when it is heard.

(C) Unless the parties stipulate to or the court grants additional time, the responding entity’s response to the constitutional challenge must be filed within 14 days after filing the notice of intent to respond.

(D) The responding entity’s right to respond to a constitutional challenge under Rule 25A of the Utah Rules of Appellate Procedure is unaffected by the responding entity’s decision not to respond under this rule.

(5) Failure to provide notice. Failure of a party to provide notice as required by this rule is not a waiver of any constitutional challenge otherwise timely asserted. If a party does not serve a notice as required by this rule, the court may postpone the hearing until the party serves the notice.

(e) Transfer of case. If the court determines that a person would be entitled to intervene as a matter of right under paragraph (a) but for the fact that the person’s claim is one over which the court lacks jurisdiction, the court will transfer the entire matter to the district court.

(a) Disclosure. This rule applies unless changed or supplemented by a rule governing disclosure and discovery in a practice area.

(1) Initial disclosures. Except in actions governed by Rule 65B, and unless otherwise directed by the court, a party must, without waiting for a discovery request, serve on the other parties:

(A) the name and, if known, the physical address, email address, and telephone number of:

(i) each individual likely to have discoverable information supporting its claims or defenses, unless solely for impeachment, identifying the subjects of the information; and

(ii) each fact witness the party may call in its case-in-chief and, except for an adverse party, a summary of the expected testimony.

(B) a copy of all documents, data compilations, electronically stored information, and tangible things in the possession or control of the party that the party may offer in its case-in-chief, except charts, summaries, and demonstrative exhibits that have not yet been prepared and must be disclosed in accordance with paragraph (a)(4);

(C) a computation of any damages claimed and a copy of all discoverable documents or evidentiary material on which such computation is based, including materials about the nature and extent of injuries suffered;

(D) a copy of any agreement under which any person may be liable to satisfy part or all of a judgment or to indemnify or reimburse for payments made to satisfy the judgment; and

(E) a copy of all documents to which a party refers in its pleadings.

(2) Timing of initial disclosures. The disclosures required by paragraph (a)(1) must be served on the other parties:

(A) by a plaintiff within 14 days after the filing of the first answer to that plaintiff’s complaint; and

(B) by a defendant within 28 days after the filing of that defendant’s first answer to the complaint.

(3) Expert testimony.

(A) Witnesses who must provide a written report. A party must serve on the other parties a written report from any person who may be used at trial to present evidence under Rule 702 of the Utah Rules of Evidence and who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony. The report must contain:

(i) a complete statement of all opinions the witness will express and the basis and reasons for them;

(ii) the facts or data considered by the witness in forming those opinions;

(iii) any exhibits that will be used to summarize or support those opinions;

(iv) the witness’s qualifications, including a list of all publications authored by the witness in the previous ten years;

(v) a list of all other cases in which, during the previous four years, the witness testified as an expert at trial or by deposition, and all cases in which a report authored by the witness was disclosed to any other party; and

(vi) a statement of the compensation to be paid for the witness’s study and testimony in the case.

(B) Summary of non-retained expert testimony. If a party intends to present evidence at trial under Rule 702 of the Utah Rules of Evidence from any person other than an expert witness who is retained or specially employed to provide testimony in the case or a person whose duties as an employee of the party regularly involve giving expert testimony, that party must serve on the other parties a written summary of the facts and opinions to which the witness is expected to testify in accordance with the deadlines set forth in paragraph (a)(3)(C). Such a witness cannot be required to provide a report pursuant to paragraph (a)(3)(A).

(C) Timing for expert reports and summaries. A party must serve expert reports and summaries at the times and in the sequence that the court orders. Absent a court order, the reports and summaries must be served as follows:

(i) The party who bears the burden of proof on the issue for which expert testimony is offered must serve on the other parties the report or summary required by paragraph (a)(3)(A) or (a)(3)(B) no later than 28 days after the close of fact discovery.

(ii) The party who does not bear the burden of proof on the issue for which expert testimony is offered must serve on the other parties the report or summary required by paragraph (a)(3)(A) or (a)(3)(B) no later than 56 days after service of the written report required in paragraph (a)(3)(A) or the summary required in paragraph (a)(3)(B).

(iii) If the party who bears the burden of proof on an issue wants to designate rebuttal expert witnesses, it must serve on the other parties the report required by paragraph (a)(3)(A) no later than 28 days after service of the written report required in paragraph (a)(3)(A) or the summary required in paragraph (a)(3)(B). The court may preclude an expert disclosed only as a rebuttal expert from testifying in the case in chief for the proponent of the expert.

(D) Depositions of expert witnesses.

(i) Any witness who provides a written report may be deposed by any party against whom the opinion offered by such witness may be used at trial. No such witness may be deposed for more than six hours and the party or parties taking the deposition must pay the expert’s reasonable hourly fee for attendance at, and up to four hours of fees incurred in preparing for, the deposition.

Any non-retained expert witness may be deposed by any party against whom the opinion offered by such witness may be used at trial. A deposition of such a witness may not exceed four hours and, unless manifest injustice would result, the party taking the deposition must pay the expert’s reasonable hourly fee for attendance at the deposition.

(E) Expert discovery. Expert discovery must be completed no later than 28 days after the last expert report or summary is served pursuant to paragraph (a)(3).

(4) Pretrial disclosures.

(A) A party must, without waiting for a discovery request, serve on the other parties:

(i) the name and, if not previously provided, the physical address, email address, and telephone number of each witness, unless solely for impeachment, separately identifying witnesses the party will call and witnesses the party may call;

(ii) the name of witnesses whose testimony is expected to be presented by transcript of a deposition;

(iii) designations of the proposed deposition testimony; and

(iv) a copy of each exhibit, including charts, summaries, and demonstrative exhibits, unless solely for impeachment, separately identifying those which the party will offer and those which the party may offer.

(B) Unless the court orders otherwise, disclosure required by paragraph (a)(4)(A) must be served on the other parties no later than 28 days before trial. Disclosures required by paragraph (a)(4)(A)(i) and (a)(4)(A)(ii) must also be filed on the date that they are served. No later than 14 days before trial, a party must serve any counter designations of deposition testimony and any objections and grounds for the objections to the use of any deposition, witness, or exhibit if the grounds for the objection are apparent before trial. Other than objections under Rules 402 and 403 of the Utah Rules of Evidence, other objections not listed are waived unless excused by the court for good cause.

(5) Form of disclosure and discovery production. Rule 34 of the Utah Rules of Civil Procedure governs the form in which all documents, data compilations, electronically stored information, tangible things, and evidentiary material must be produced under this Rule.

(b) Discovery scope.

(1) In general. Parties may discover any matter, not privileged, which is relevant to the claim or defense of any party if the discovery satisfies the standards of proportionality set forth below.

(2) Privileged matters.

(A) Privileged matters that are not discoverable or admissible in any proceeding of any kind or character include:

(i) all information in any form provided during and created specifically as part of a request for an investigation, the investigation, findings, or conclusions of peer review, care review, or quality assurance processes of any organization of health care providers as defined in Utah Code Title 78B, Chapter 3, Part 4, Utah Health Care Malpractice Act, for the purpose of evaluating care provided to reduce morbidity and mortality or to improve the quality of medical care, or for the purpose of peer review of the ethics, competence, or professional conduct of any health care provider; and

(ii) except as provided in paragraph (b)(2)(C), (D), or (E), all communications, materials, and information in any form specifically created for or during a medical candor process under Utah Code Title 78B, Chapter 3, Part 4a, Utah Medical Candor Act, including any findings or conclusions from the investigation and any offer of compensation.

(B) Disclosure or use in a medical candor process of any communication, material, or information in any form that contains any information described in paragraph (b)(2)(A)(i) does not waive any privilege or protection against admissibility or discovery of the information under paragraph (b)(2)(A)(i).

(C) Any communication, material, or information in any form that is made or provided in the ordinary course of business, including a medical record or a business record, that is otherwise discoverable or admissible and is not created for or during a medical candor process is not privileged by the use or disclosure of the communication, material or information during a medical candor process.

(D)

(i) Any information that is required to be documented in a patient’s medical record under state or federal law is not privileged by the use or disclosure of the information during a medical candor process.

(ii) Information described in paragraph (b)(2)(D)(i) does not include an individual’s mental impressions, conclusions, or opinions that are formed outside the course and scope of the patient’s care and treatment and are used or disclosed in a medial candor process.

(E)

(i) Any communication, material or information in any form that is provided to an affected party before the affected party’s written agreement to participate in a medical candor process is not privileged by the use or disclosure of the communication, material, or information during a medical candor process.

(ii) Any communication, material, or information described in paragraph (b)(2)(E)(i) does not include a written notice described in Utah Code section 78B-3-452.

(F) The terms defined in Utah Code section 78B-3-450 apply to paragraphs (b)(2)(A)(ii), (B), (C), (D), and (E).

(G) Nothing in this paragraph (b)(2) prevents a party from raising any other privileges provided by law or rule as to the admissibility or discovery of any communication, information, or material described in paragraph (b)(2)(A), (B), (C), (D), or (E).

(3) Proportionality. Discovery and discovery requests are proportional if:

(A) the discovery is reasonable, considering the needs of the case, the amount in controversy, the complexity of the case, the parties’ resources, the importance of the issues, and the importance of the discovery in resolving the issues;

(B) the likely benefits of the proposed discovery outweigh the burden or expense;

(C) the discovery is consistent with the overall case management and will further the just, speedy, and inexpensive determination of the case;

(D) the discovery is not unreasonably cumulative or duplicative;

(E) the information cannot be obtained from another source that is more convenient, less burdensome, or less expensive; and

(F) the party seeking discovery has not had sufficient opportunity to obtain the information by discovery or otherwise, taking into account the parties’ relative access to the information.

(4) Burden. The party seeking discovery always has the burden of showing proportionality and relevance. To ensure proportionality, the court may enter orders under Rule 37 of the Utah Rules of Civil Procedure.

(5) Electronically stored information. A party claiming that electronically stored information is not reasonably accessible because of undue burden or cost must describe the source of the electronically stored information, the nature and extent of the burden, the nature of the information not provided, and any other information that will enable other parties to evaluate the claim.

(6) Trial preparation materials. A party may obtain otherwise discoverable documents and tangible things prepared in anticipation of litigation or for trial by or for another party or by or for that other party’s representative (including the party’s attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the materials and that the party is unable without undue hardship to obtain substantially equivalent materials by other means. In ordering discovery of such materials, the court must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party.

(7) Statement previously made about the action. A party may obtain without the showing required in paragraph (b)(5) a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement about the action or its subject matter previously made by that person. If the request is refused, the person may move for a court order under Rule 37 of the Utah Rules of Civil Procedure. A statement previously made is (A) a written statement signed or approved by the person making it, or (B) a stenographic, mechanical, electronic, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded.

(8) Trial preparation; experts.

(A) Trial-preparation protection for draft reports or summaries. Paragraph (b)(6) protects drafts of any report or summary required under paragraphs (a)(3)(A) or (a)(3)(B), regardless of the form in which the draft is recorded.

(B) Trial-preparation protection for communications between a party’s attorney and expert witnesses. Paragraph (b)(6) protects communications between the party’s attorney and any witness required to provide disclosures under paragraph (a)(3), regardless of the form of the communications, except to the extent that the communications:

(i) relate to compensation for the expert’s study or testimony;

(ii) identify facts or data that the party’s attorney provided and that the expert considered in forming the opinions to be expressed; or

(iii) identify assumptions that the party’s attorney provided and that the expert relied on in forming the opinions to be expressed.

(C) Expert employed only for trial preparation. Ordinarily, a party may not, by interrogatories or otherwise, discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or to prepare for trial and who is not expected to be called as a witness at trial. A party may do so only:

(i) as provided in Rule 35(b) of the Utah Rules of Civil Procedure; or

(ii) on showing exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on the same subject by other means.

(9) Claims of privilege or protection of trial preparation materials.

(A) Information withheld. If a party withholds discoverable information by claiming that it is privileged or prepared in anticipation of litigation or for trial, the party must make the claim expressly and must describe the nature of the documents, communications, or things not produced in a manner that, without revealing the information itself, will enable other parties to evaluate the claim.

(B) Information produced. If a party produces information that the party claims is privileged or prepared in anticipation of litigation or for trial, the producing party may notify any receiving party of the claim and the basis for it. After being notified, a receiving party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The producing party must preserve the information until the claim is resolved.

(c) Methods, sequence, and timing of discovery; limits on standard fact discovery; extraordinary discovery.

(1) Methods of discovery. Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; requests for admission; and subpoenas other than for a court hearing or trial.

(2) Sequence and timing of discovery. Methods of discovery may be used in any sequence, and the fact that a party is conducting discovery must not delay any other party’s discovery. A party may not seek discovery from any source before that party’s initial disclosure obligations are satisfied.

(3) Limits on fact discovery. Fact discovery per side (plaintiffs collectively, defendants collectively, and third-party defendants collectively) is presumptively as follows, but may be modified by the court upon a motion of one or more of the parties. Fact discovery must be completed no later than 210 days after the first defendant’s first disclosure is due. Each side is entitled to:

(i) serve the following discovery requests as provided in Rules 33, 34, and 36 of the Utah Rules of Civil Procedure:

(a) 20 Interrogatories (including all discrete subparts);

(b) 25 Requests for Production (including all discrete subparts); and

(c) 30 Requests for Admission (including all discrete subparts); and

(ii) take ten depositions as provided in Rule 30 of the Utah Rules of Civil Procedure.

(4) Extraordinary discovery. To obtain discovery beyond the limits established in paragraph (c)(3) or by the court, a party must, before the close of fact discovery and after reaching the limits of discovery imposed by these rules or by the court, file a request for extraordinary discovery under Rule 37(a) of the Utah Rules of Civil Procedure, whether or not the request is opposed, establishing good cause for the relief requested.

(d)Requirements for disclosure or response; disclosure or response by an organization; failure to disclose; initial and supplemental disclosures and responses.

(1 )A party must make disclosures and responses to discovery based on the information then known or reasonably available to the party.

(2) If the party providing disclosure or responding to discovery is a corporation, partnership, association, or governmental agency, the party must act through one or more officers, directors, managing agents, or other persons who must make disclosures and responses to discovery based on the information then known or reasonably available to the party.

(3) A party is not excused from making disclosures or responses because the party has not completed investigating the case, the party challenges the sufficiency of another party’s disclosures or responses, or another party has not made disclosures or responses.

(4) If a party fails to disclose or to supplement timely a disclosure or response to discovery, that party may not use the undisclosed witness, document, or material at any hearing or trial unless the failure is harmless or the party shows good cause for the failure.

(5) If a party learns that a disclosure or response is incomplete or incorrect in some important way, the party must timely serve on the other parties the additional or correct information if it has not been made known to the other parties. The supplemental disclosure or response must state why the additional or correct information was not previously provided.

(e) Signing discovery requests, responses, and objections. Every disclosure, request for discovery, response to a request for discovery, and objection to a request for discovery must be in writing and signed by at least one attorney of record or by the party if the party is not represented. The signature of the attorney or party is a certification under Rule 11 of the Utah Rules of Civil Procedure. If a request or response is not signed, the receiving party does not need to take any action with respect to it. If a certification is made in violation of the rule, the court, upon motion or upon its own initiative, may take any action authorized by Rule 11 or Rule 37(b) of the Utah Rules of Civil Procedure.

(f) Filing. Except as required by these rules or ordered by the court, a party must not file with the court a disclosure, a request for discovery, or a response to a request for discovery, but must file only the certificate of service stating that the disclosure, request for discovery, or response has been served on the other parties and the date of service.

(a) The court is the trier of fact and law in all actions before the court.

(b) Demand and waiver.

(1) By filing a complaint in the court, a plaintiff waives the plaintiff’s right to a jury trial on all claims and issues raised in the complaint and consents to the court as the trier of fact as set forth in Utah Code section 78A-5a-104.

(2) A defendant may demand a trial by jury on any issue triable of right by a jury by filing with the court and serving on the other parties a jury trial demand no later than the date on which such defendant files its initial responsive pleading. If the defendant does not timely file a jury trial demand, the defendant waives the right to a jury trial for the claims asserted in the complaint.

(3) If a defendant asserts a counterclaim, the defendant may demand a jury trial on any issue triable of right by a jury on any claim asserted in the counterclaim by filing with the court and serving on the other parties a jury trial demand no later than the date on which the defendant files its counterclaim. If the defendant does not timely file a jury trial demand, the defendant waives the right to a jury trial for the claims asserted in the counterclaim.

(4) A party responding to a counterclaim or crossclaim may file a jury trial demand with the court and serve it upon the other parties in the action no later than the date on which such party files its initial responsive pleading to the counterclaim or crossclaim. If the responding party does not file a timely jury trial demand, the responding party waives the right to a jury trial for the claims asserted in the counterclaim or crossclaim.

(5) Specification of issues and venue. In its jury trial demand, a party: (A) must identify the county in which the party contends the case should be tried pursuant to Utah Code section 78B-3-307; and (B) may specify the issues which the party wants tried to a jury. The court will deem the party to have demanded trial by jury for all triable issues if no specification is made pursuant to this rule.

(6) If any party contests another party’s jury trial demand, the contesting party must file with the court a motion to strike the jury trial demand no later than 14 days after service of the demand. If no such motion has been timely filed, the party who demanded the jury must file a notice informing the court that a jury demand has been made and no motion to strike the demand has been filed.

(7) If the court determines that the party demanding a jury trial has the right to a trial by jury on one or more issues, or if a jury demand has been filed and no motion to strike has been timely filed, the court will order the transfer of all issues to be tried by jury to the district court as set forth in Utah Code section 78A-5a-104.

(c) Withdrawal. A jury trial demand may not be withdrawn without the parties’ consent.

(a) Consolidation. When actions involving a common question of law or fact or arising from the same transaction or occurrence are pending before the court, the court may, on motion of any party or on the court’s own initiative: order that the actions are consolidated in whole or in part for any purpose, including for discovery, other pretrial matters, or a joint hearing or trial; stay any or all of the proceedings in any action subject to the order; or make other such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

(1) In determining whether to order consolidation, the court may consider, among other factors: the complexity of the actions; the importance of any common question of fact or law to the determination of the actions; the risk of duplicative or inconsistent rulings, orders, or judgments; the relative procedural postures of the actions; the risk that consolidation may unreasonably delay the progress, increase the expense, or complicate the processing of any action; prejudice to any party that far outweighs the overall benefits of consolidation; the convenience of the parties, witnesses, and counsel; and the efficient utilization of judicial resources and court facilities and personnel.

(2) Any party may file or oppose a motion to consolidate. The motion must be filed in the first-filed action and must be served on all parties in each action pursuant to Rule 5 of the Utah Rules of Civil Procedure. The party seeking consolidation must also file a notice of the motion in each action. The movant must, and any party may, file in each action notice of the order denying or granting the motion.

(3) If the court orders consolidation, a new case number will be used for all subsequent filings in the consolidated case. The court may direct that specified parties pay the expenses, if any, of consolidation.

(b) Separate trials. The court in furtherance of convenience or to avoid prejudice may order a separate trial of any claim, cross claim, counterclaim, or third party claim, or of any separate issue or of any number of claims, cross claims, counterclaims, third party claims, or issues.

(a) Substitute judge; prior testimony. If the judge is unable to perform the judge’s duties, then any judge assigned pursuant to Judicial Council rule is authorized to perform those duties. The judge to whom the case is reassigned may rehear the evidence or some part of it.

(b) Motion to disqualify; affidavit or declaration.

(1) A party may file a motion to disqualify the judge. The motion must be accompanied by a certificate that the motion is filed in good faith and must be supported by an affidavit or unsworn declaration as described in Title 78B, Chapter 18a, Uniform Unsworn Declarations Act stating facts sufficient to show bias, prejudice, or conflict of interest. The motion must also be accompanied by a request to submit for decision.

(2) The motion must be filed after commencement of the action, but no later than 21 days after the last of the following:

(A) assignment of the action or hearing to the judge;

(B) appearance of the party or the party’s attorney; or

(C) the date on which the moving party knew or should have known of the grounds upon which the motion is based.

If the last event occurs fewer than 21 days before a hearing, the motion must be filed as soon as practicable.

(3) Signing the motion or affidavit or declaration constitutes a certificate under Rule 11 of the Utah Rules of Civil Procedure and subjects the party or attorney to the procedures and sanctions of that rule.

(4) No party may file more than one motion to disqualify in an action, unless the second or subsequent 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.

(5) If timeliness of the motion is determined under paragraph (b)(2)(C) or paragraph (b)(4), the affidavit or declaration supporting the motion must state when and how the party came to know of the reason for disqualification.

(c) Consideration of the motion.

(1) The judge who is the subject of the motion must, without further hearing or a response from another party, enter an order granting the motion or certifying the motion and affidavit or declaration to a reviewing judge.

(A) If the judge who is the subject of the motion grants it, the order will direct the presiding officer of the Judicial Council to assign another judge to the action or hearing.

(B) If the judge who is the subject of the motion certifies the motion to a reviewing judge, the judge who is the subject of the motion will take no further action in the case until the motion is decided.

(C) Only the judge designated by the presiding officer of the Judicial Council may serve as the reviewing judge.

(2) If the reviewing judge finds that the motion and affidavit or declaration are timely filed, filed in good faith, and are legally sufficient, the reviewing judge will request the presiding officer of the Judicial Council to assign another judge to the action or hearing.

(3) In determining issues of fact or of law, the reviewing judge may consider any part of the record of the action and may request of the judge who is the subject of the motion an affidavit or declaration responding to questions posed by the reviewing judge.

(4) The reviewing judge may deny a motion not filed in a timely manner.

(a) Preliminary injunctions.

(1) Notice. The court will not issue a preliminary injunction without notice to the adverse party.

(2) Consolidation of hearing. Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application. Even when this consolidation is not ordered, any evidence received upon an application for a preliminary injunction which would be admissible at the trial on the merits becomes part of the trial record and need not be repeated at the trial. The court will construe and apply this paragraph as to preserve any rights the parties may have to trial by jury.

(b) Temporary restraining orders.

(1) Notice. The court will not grant a temporary restraining order without notice to the adverse party or that party’s attorney unless (A) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party’s attorney can be heard in opposition; and (B) the applicant or the applicant’s attorney certifies to the court in writing as to the efforts, if any, that have been made to give notice and the reasons supporting the claim that notice should not be required.

(2) Form of order. Every temporary restraining order will be endorsed with the date and hour of issuance and will be filed forthwith in the court clerk’s office and entered of record. The order will define the injury and state why it is irreparable. The order will expire by its terms within such time after entry, not to exceed 14 days, as the court fixes, unless within the time so fixed, the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension will be entered in the record.

(3) Scheduling conference and priority of preliminary injunction hearing.If a temporary restraining order is granted:

(A) Within three business days of the order being granted, the court will hold a scheduling conference. Before the conference, counsel for the parties must meet and confer regarding:

(i) any necessary modification to the order;

(ii) an expedited briefing schedule for the preliminary injunction motion;

(iii) deadlines for disclosing witnesses and exhibits for the preliminary injunction hearing; and

(iv) the expected length of the preliminary injunction hearing.

(B) Unless the parties otherwise agree, the court will schedule the preliminary injunction hearing at the earliest possible time and give the matter precedence over all other matters except older matters of the same character. At the hearing, the party who obtained the temporary restraining order has the burden to show entitlement to a preliminary injunction; if the party does not meet that burden, the court will dissolve the temporary restraining order.

(4) Dissolution or modification. On 48-hours’ notice to the party who obtained the temporary restraining order without notice, or on such shorter notice to that party as the court may order, the adverse party may appear and move for dissolution or modification of the order. In that event, the court will hear and determine the motion as expeditiously as the ends of justice require.

(c) Security.

(1) Requirement. The court will condition issuance of the order or injunction on the applicant’s giving of security in such sum and form as the court deems proper, unless it appears that none of the parties will incur or suffer costs, attorney fees, or damage as the result of any wrongful order or injunction, or unless there exists another substantial reason for dispensing with the security requirement. The court will not require any such security of the United States, the State of Utah, or of an officer, agency, or subdivision of either; nor will the court require any such security when it is prohibited by law.

(2) Amount not a limitation. The amount of security does not establish or limit the amount of costs, including reasonable attorney fees incurred in connection with the restraining order or preliminary injunction, or damages that may be awarded to a party who is found to have been wrongfully restrained or enjoined.

(3) Jurisdiction over surety. A surety upon a bond or undertaking under this rule submits to the jurisdiction of the court and irrevocably appoints the court clerk as agent upon whom any papers affecting the surety’s liability on the bond or undertaking may be served. The surety’s liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the court clerk who will forthwith mail copies to the persons giving the security if their addresses are known.

(d) Form and scope. The court will set forth the reasons for the issuance of any restraining order or preliminary injunction. The court’s order will be specific in terms and will describe in reasonable detail, and not by reference to the complaint or other document, the act or acts restrained. The court’s order will be binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive notice, in person or through counsel, or otherwise, of the order. If the court grants a restraining order without notice to the party restrained, the court will state the reasons justifying its decision to proceed without notice.

(e) Grounds. The court may grant a restraining order or preliminary injunction only upon a showing by the applicant that:

(1) there is a substantial likelihood that the applicant will prevail on the merits of the underlying claim;

(2) the applicant will suffer irreparable harm unless the order or injunction issues;

(3) the threatened injury to the applicant outweighs whatever damage the proposed order or injunction may cause the party restrained or enjoined; and

(4) the order or injunction, if issued, would not be adverse to the public interest.

(a) Availability of remedy. Where no other plain, speedy, and adequate remedy is available, a person may petition the court for extraordinary relief on any of the grounds set forth in this rule. There is no special form of writ. The procedures in this rule govern proceedings on all petitions for extraordinary relief, but to the extent this rule does not provide special procedures, proceedings on petitions for extraordinary relief will be governed by the procedures set forth elsewhere in these rules, or in the Utah Rules of Civil Procedure, as applicable.

(b) Wrongful use of or failure to exercise public authority.

(1) Who may petition the court; security. The attorney general may petition the court for relief on the grounds enumerated in this paragraph. Any person who is not required to be represented by the attorney general and who is aggrieved or threatened by one of the acts enumerated in paragraph (2) may petition the court under this paragraph if (A) the person claims to be entitled to an office unlawfully held by another or (B) if the attorney general fails to file a petition under this paragraph after receiving notice of the person’s claim. A petition filed by a person other than the attorney general under this paragraph must be brought in the name of the petitioner, and the petition must be accompanied by an undertaking with sufficient sureties to pay any judgment for costs and damages that may be recovered against the petitioner in the proceeding. The sureties must be in the form for bonds on appeal provided for in Rule 73 of the Utah Rules of Civil Procedure.

(2) Grounds for relief. The court may grant appropriate relief: (A) where a person usurps, intrudes into, or unlawfully holds or exercises a franchise or an office in a corporation created by the authority of the state of Utah; (B) where persons act as a corporation in the state of Utah without being legally incorporated; (C) where any corporation has violated Utah law relating to the creation, alteration, or renewal of corporations; or (D) where any corporation has forfeited or misused its corporate rights, privileges, or franchises.

(3) Proceedings on the petition. On the filing of a petition, the court may require that notice be given to adverse parties before issuing a hearing order, or may issue a hearing order requiring the adverse party to appear at the hearing on the merits. The court may also grant temporary relief in accordance with the terms of Rule 65A.

(a) Court always open. The court is deemed always open for the purpose of filing any pleading or other proper paper.

(b) Trials and hearings; orders in chambers. All trials will be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a judge in chambers without the attendance of the clerk or other court officials and at any place within the state, either within or without the district; but the court will not conduct a hearing, other than one ex parte, outside the county where the matter is pending without the consent of the parties.

(c) Clerk’s office and orders. The clerk’s office with the clerk or a deputy in attendance will be open during business hours on all days except Saturdays, Sundays, and legal holidays. All motions and applications in the clerk’s office for issuing mesne process, for issuing final process to enforce and execute judgments, for entering defaults or judgments by default, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but such action may be suspended or altered or rescinded by the court upon cause shown.

(a) These rules are known and may be cited as the Utah Rules of Business and Chancery Procedure, or abbreviated U.R.B.C.P.

(b) The Utah Rules of Civil Procedure, some of which apply in this court, are known as and may be cited as the Utah Rules of Civil Procedure, or abbreviated U.R.C.P.

(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.