URCP108. Objection to court commissioner’s recommendation. AMENDED. The rule has been amended in subparagraph (d)(2) for the referenced code sections to conform with the recodification of the applicable statutes after this past legislative session.
URCP004. Process. FINAL. Amendments were made to subparagraph (d)(1)(D) after the suggestion proposed by Judge Orme in Jordan Credit Union v. Sullivan, 2022 UT App 120 (Orme, J. concurring) in order to allow for personal service of process on an incarcerated person.
URCP010. Form of pleadings and other papers. FINAL. Amendments were made to subparagraph (d) to modify the top margin from 1.5 inches to 1 inch, which is similar to the right, left and bottom margins.
URCP100A. Case management of domestic relations actions. FINAL. Amendments were made to subparagraph (a) to add a provision exempting the Office of Recovery Services from the case management conference requirement.
URCP059. New trials; amendments of judgment. AMEND. Amendments made to subparagraph (e) to include “unless otherwise provided for by statute or rule” because as previously written the rule may conflict with Utah Code section 78B-6-811(5)(b), which states a court may modify a judgment for additional amounts owed if a motion is submitted within 180 days.
URCP041. Dismissal of Actions. Amend. Subparagraphs (a)(1)(A) and (a)(2) were amended to permit a plaintiff, under specified circumstances, to dismiss an action, “a claim, or a party,” rather than only an action.
URCP065A. Injunctions. Amend.
HJR002S03 (the joint resolution amending Rule 65A re: injunctions) passed both the House and the Senate with the constitutional 2/3 majority. Based upon that action being completed, Rule 65A of the Utah Rules of Civil Procedure is now amended and the new version of Rule 65A went into effect immediately. Language previously allowing a preliminary injunction or temporary restraining order to issue where a litigant showed, among other things, that “the case presents serious issues on the merits which should be the subject of further litigation” has been removed from paragraph (e). Additionally, paragraph (f) authorizes a restrained or enjoined party to move for reconsideration of the injunction or restraining order, and requires that such a motion be granted and an injunction or restraining order be terminated, under certain specified circumstances.
URCP007. Pleadings allowed; motions, memoranda, hearings, orders. (AMEND). The first change to subparagraph (l)(1) adds motions for Rule 16 pretrial conferences to the list of motions the court may act upon without waiting for a response. The second change removes portions of the rule and adds subparagraph (q) to the end of the rule to outline page limits and word limits for filings. This brings the rule in line with the Utah Local Federal rules, the Utah Rules of Appellate Procedure, and the Federal Courts of Appeal which use page and word limits. Parties may use the page or word limits.
URCP007A. Motions to enforce order and for sanctions. (AMEND). The change to subparagraph (h) clarifies confusion that may arise in reading rule 109 where an injunction is entered by the court in domestic actions and whether a party may file a motion to enforce an injunction entered by the court. The same change was made to Rule 7B.
URCP007B. Motion to enforce order and for sanctions in domestic law matters. (AMEND). The change to subparagraph (h) clarifies confusion that may arise in reading rule 109 where an injunction is entered by the court in domestic actions and whether a party may file a motion to enforce an injunction entered by the court. The same change was made to Rule 7A.
URCP004. Process. Amend. A community member recognized the slight difference in the language of the rule and the language in the form summons as it relates to default judgments. Based upon the regular practice with default judgments the Committee proposed a change of the word “will” to “may” in subsection (c)(1)(E). The rule now reads a “judgment by default may be entered against the defendant.”
URCP043. Evidence. Amend. A proposal was made to change the language of the remote hearing oath outlined in subsection (c) to remove the language “issue (or matter) pending between ___ and ___” to be replaced by the word “matter.” Particularly for cases in juvenile court where the caption is “State of Utah in the interest of …” the language in the oath is more encompassing if read “evidence you shall give in this matter” when administering the oath.
URCP076. Notice of contact information change. Amend. After review of the rule and publishing for comment twice, the amendments include what information must be provided when contact information changes and to whom notice should be sent.
The Utah Supreme Court voted to delay the implementation of Utah Rule of Civil Procedure 100A until November 1, 2022.
URCP100A. New. Case Management of Domestic Relations Actions.
URCP024. Intervention. AMEND. Under the Indian Child Welfare Act (ICWA), an Indian Tribe is permitted to intervene in a child custody proceeding involving an Indian child. These cases arise in both district and juvenile court. Amendments to Rule 24, which track those already adopted in Juvenile Rule 50, allow the adoption of a uniform approach to ICWA in both juvenile and district court.
URCP062. Stay of proceedings to enforce a judgment or order. AMEND. Among other amendments intended to streamline and improve Rule 62’s efficacy, the amendments extend the time for an automatic stay from 14 days to 28 days and provide that a party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security.
The Utah Supreme Court voted to delay the implementation of Utah Rule of Civil Procedure 100A until May 1, 2022.