Category: -Rules of Civil Procedure

Rules of Civil Procedure – Effective November 1, 2026

URCP029. Stipulations regarding disclosure and discovery procedure. AMEND. The amendment corrects a cross-reference from Rule 26(b)(2) to Rule 26(b)(3) regarding proportionality standards.

URCP030. Depositions upon oral questions. AMEND. The amendments to paragraph (f) remove outdated requirements for deposition officers to physically seal and label deposition records, eliminating unnecessary procedures and costs associated with the delivery of deposition records.

URCP037. Statement of discovery issues; Sanctions; Failure to admit, to attend deposition or to preserve evidence. AMEND. The amendments align paragraph (a)(2) with Rule 7(q) by allowing statements of discovery issues to be limited to either four pages or 1,500 words, and correct a cross-reference in paragraph (a)(7) from Rule 26(b)(2) to Rule 26(b)(3) regarding proportionality standards.

URCP074. Withdrawal of counsel. AMEND. The amendment to paragraph (e) removes the requirement that former counsel sign a notice of substitution of counsel, allowing clients to obtain new representation without requiring their former counsel’s signature or approval.

URCP105. Shortening 30 day waiting period in divorce actions. AMEND. The amendments replace references to a “motion for a hearing” with a “request to enter a decree of divorce” to reflect the modern practice of submitting stipulated proposed findings rather than holding hearings, and include minor plain-language and stylistic revisions.

URCP110. Judicial interview of a minor child. NEW. This new rule establishes procedures for judicial interviews of minor children in district court proceedings, excluding child testimony and interviews conducted by individuals other than judges or commissioners. Adapted from the Uniform Judicial Interview of Children Act, the rule addresses the criteria for conducting interviews, required judicial training, recording procedures, attorney guardian ad litem attendance, and access to interview records.

Supreme Court Order

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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

 

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Rules of Civil Procedure – Effective May 1, 2024

URCP006. Time. AMEND. The amendment adds the “Juneteenth National Freedom Day” to the list of legal holidays in subparagraph (a)(6)(E).

URCP012. Defenses and objections. AMEND. The amendments reflect the need to file and serve an answer, and clarify the use of terminology in domestic relations actions.

URCP064. Writs in general. AMEND. The amendments substitute the word “file” with the word “record” as it relates to recording with the county recorder.  Other non-substantive changes to the rule were made to adhere to the Utah Supreme Court style guide for the rules.

URCP066. Receivers. AMEND. The amendments substitute the word “file” with the word “record” as it relates to recording with the county recorder.  Other non-substantive changes to the rule were made to adhere to the Utah Supreme Court style guide for the rules.

URCP069A. Seizure of property. AMEND. The amendments substitute the word “file” with the word “record” as it relates to recording with the county recorder.  Other non-substantive changes to the rule were made to adhere to the Utah Supreme Court style guide for the rules.

URCP069B. Sale of property; delivery of property. AMEND. The amendments substitute the word “file” with the word “record” as it relates to recording with the county recorder.  Other non-substantive changes to the rule were made to adhere to the Utah Supreme Court style guide for the rules.

URCP069C. Redemption of real property after sale. AMEND. The amendments substitute the word “file” with the word “record” as it relates to recording with the county recorder.  Other non-substantive changes to the rule were made to adhere to the Utah Supreme Court style guide for the rules.

URCP083. Vexatious litigants. AMEND. The amendments clarify the ability to file a notice of or petition for permission to appeal, as well as, the notice and opportunity to be heard when the court is entering orders.

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Rules of Civil Procedure – Effective November 1, 2023

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.

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Rules of Civil Procedure – Effective May 1, 2023

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.

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Rules of Civil Procedure – Effective February 14, 2023

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.

Here is a link to the final version of the joint resolution:
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Rules of Civil Procedure – Effective May 1, 2023

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.

Supreme Court Order

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