Uncategorized – Utah Court Rules

Posted: October 10, 2024

Rules of Civil Procedure – Effective November 1, 2024

URCP001. General Provisions. FINAL. The amendments to this rule are to conform to the rules style guide. It was reviewed along with Rule 81 after the drafting of the new Rules of Business and Chancery Court Procedure.

URCP005. Service and filing of pleadings and other documents. FINAL. The amendments to this rule take into account the new filings systems and ways in which service and filing can be accomplished. The major amendments include removing the list from paragraph (a), updating the methods of service found in paragraph (b), and a revised paragraph (d) for certificates of service. Amendments were also made to conform to the rules style guide, format for other rules, and to use plain language.

URCP007A. Motion to enforce order and for sanctions. FINAL. The amendments to rules 7A(h) were made to clarify the enforcement mechanisms found in rule 37(b) as opposed to using the motion to enforce order and for sanctions process found in rule 7A. This amendment also includes a proposal to delete subparagraph (b)(6) from Rule 37. The proposed amendments to Rule 37 will be forthcoming as the proposals include additional language changes for subpoenas that are being made in conjunction with several other URCP rules.

URCP060. Relief from judgment or order. FINAL. The amendments to this rule are to clarify the language found in subparagraph (d) and update the numbering found in subparagraph (b) to conform to the rules style guide.

URCP081. Applicability of rules in general. FINAL. The amendments to this rule were proposed after the drafting and finalization of the new Rules of Business and Chancery Court Procedure, and to conform to the rules style guide.

Supreme Court Order

Posted: September 5, 2024

Utah Rules of Business and Chancery Court Procedure – Effective September 1, 2024

NEW Utah Rules of Business and Chancery Procedure – These rules were drafted using the Utah Rules of Civil Procedure as their base line. These rules simply incorporate them by reference rather than repeat the identical language. The Rules of Civil Procedure that do not apply in Business and Chancery Court are explicitly excluded by reference in Appendix A. These rules are effective Sept. 1, 2024.

URBCP001. NEW — General provisions.

URBCP008. NEW — General rules of pleadings.

URBCP010. NEW — Form of pleadings and other papers.

URBCP013. NEW — Counterclaim and crossclaim.

URBCP014. – NEW— Third-party practice.

URBCP016. – NEW— Pretrial conferences.

URBCP018. – NEW— Joinder of claims and remedies.

URBCP019. NEW— Joinder of persons needed for just adjudication.

URBCP020. NEW— Permissive joinder of parties.

URBCP022. NEW — Interpleader.

URBCP024. NEW— Intervention.

URBCP026. NEW — General provisions governing disclosure and discovery.

URBCP038. NEW— Jury trial of right.

URBCP042. NEW — Consolidation and separate trials.

URBCP063. NEW — Disability or disqualification of a judge.

URBCP065A. NEW— Injunctions.

URBCP065B. NEW — Extraordinary relief.

URBCP077. NEW — Business and chancery court; clerks.

URBCP085. NEW— Title.

URBCP086. NEW — Licensed paralegal practitioners.

Appendix A. NEW – Rules of Civil Procedure excluded from Rules of Business and Chancery Court Procedure.

Supreme Court Order

Posted: September 5, 2024

Approved Amendments to Utah Code of Judicial Administration

CJA3-102. Assumption of judicial office. (AMEND) Clarifies that the Judicial Council may extend the qualification time period for an appointee confirmed by the Senate when the judge the appointee is replacing has not ended their term.

CJA4-206. Exhibits. (AMEND) The proposed amendments reflect recent statutory changes concerning the receipt, retention, and exposal of court exhibits.

CJA4-101. Manner of Appearance. (NEW) The Supreme Court recently adopted rules of civil, criminal, and juvenile procedure identifying factors judges should consider when setting in-person, remote, and hybrid hearings. This rule is a companion rule addressing notice and compliance.

Judicial Council Order

Posted: August 21, 2024

Notice of Approved MCLE Rule Amendments – Effective November 1, 2024

MCLE Rule Amendments. Several housekeeping changes which correctly identify “paralegal practitioners” as “licensed paralegal practitioners”; resolve questions raised by the Court during discussions on previously proposed changes; update, correct and clarify various provisions; and make rules for readmission after MCLE suspensions consistent with Court rules governing readmission after other types of administrative suspensions.

Please note that there were no changes to MCLE Rule 11-607, and 11-608.

Supreme Court Order

Posted: August 16, 2024

Utah Rules of Civil Procedure, Utah Rules of Criminal Procedure and Utah Rules of Juvenile Procedure – Effective September 1, 2024

URCP087. NEW. In-person, remote, and hybrid hearings; request for different format.

URCrP017.5. REPEAL AND REPLACE. In-person, remote, and hybrid hearings; request for different format.

URJP061. NEW. In-person, remote, and hybrid hearings; requests for different format.

Supreme Court Order

Posted: September 1, 2020

Supreme Court Regulatory Reform – Revised – Effective August 31, 2020

Shortly after the Supreme Court adopted Rules 5.4A and 5.4B of the Rules of Professional Conduct, it became evident that the fee-splitting and fee-sharing provisions of Rule 5.4A should be included in the Sandbox envisioned by Rule 5.4B and Standing Order 15. In response to input from the Bar Commission and others, the Supreme Court unanimously voted to make the necessary changes.

The relevant provisions of Rules 5.4A and 5.4B have been combined into Rule 5.4. Rules 5.4A and 5.4B are repealed effective immediately. Combined Rule 5.4 and revised Standing Order 15 are adopted effective immediately.

Repealed Rules

RPC Rule 5.4A

RPC Rule 5.4B

Combined Rule and Revised Standing Order

Redline Combined RPC Rule 5.4

Clean Combined RPC Rule 5.4

Redline Revised Utah Supreme Court Standing Order No. 15

Clean Revised Utah Supreme Court Standing Order No. 15

Supreme Court Order

Posted: April 10, 2020

Rules of Appellate Procedure – Effective April 2, 2020

URAP002. Suspension of rules.

URAP003. Appeal as of right: how taken.

URAP004. Appeal as of right: when taken.

URAP009. Docketing statement.

URAP011. The record on appeal.

URAP012. Transmission of the record.

URAP014. Review of administrative orders: how obtained; intervention.

URAP020. Habeas corpus proceedings.

URAP021. Filing and service.

URAP022. Computation and enlargement of time.

URAP024. Principal and reply briefs.

URAP027. Form of briefs.

URAP029. Oral arguments.

URAP031. Expedited appeals decided after oral argument without written opinion.

URAP033. Damages for delay or frivolous appeal; recovery of attorney’s fees.

URAP037. Suggestion of mootness; voluntary dismissal.

URAP038B. Qualifications for appointed appellate counsel.

URAP040. Attorney’s or party’s signature; representations to the courts; sanctions and discipline.

URAP041. Certification of questions by law of United States courts.

URAP042. Transfer of case from Supreme Court to Court of Appeals.

URAP043. Certification by the Court of Appeals to the Supreme Court.

Supreme Court Order – Amending Advisory Committee Notes to rules 2, 3, 9, 21, 22, 24, 27, 38B, 40, 41, 42, and 43

Supreme Court Order – Removing Advisory Committee Notes to rules 4, 11, 12, 14, 20, 29, 31, 33, 37, and 41

Posted: December 27, 2019

Rules of Civil Procedure – Effective December 18, 2019, pursuant to Rule 11-105(5) of the Utah Code of Judicial Administration

URCP086. Licensed paralegal practitioners. AMEND. The approved amendments remove the requirement to serve papers on both the party and the licensed paralegal practitioner, and instead require a licensed paralegal practitioner who has entered a general appearance to inform their client of any papers filed, regardless of whether the paper falls within the scope of the licensed paralegal practitioner’s representation.

Supreme Court Order

Posted: December 27, 2019

Rules Governing Licensed Paralegal Practitioner – Effective December 18, 2019

Changes to rule to remove the word “Certified” from “Certified Registered Paralegal” and remove the “C” in “CRP” in both rules.

URGLPP15-0701. Definitions. Amended.

URGLPP15-0703. Qualifications for Licensure as a Licensed Paralegal Practitioner. Amended.

Supreme Court Order

Posted: December 27, 2019

Rules of Criminal Procedure – Effective January 1, 2020

URCrP014. Subpoenas. Amended. The proposed amendments redefine and clarify the processes for taking and using testimony of a material witness, and for obtaining information for a victim.

Supreme Court Order