The Supreme Court or Judicial Council has approved and adopted the following rules, which rules are effective on the date indicated. To view the newly adopted rules, click on any rule number.
Under circumstances described in CJA Rules 2-205 or 11-105, certain rules may have been adopted prior to a public comment period. The public is provided the opportunity to provide comment on those rules during the 45 days following the adoption of any such rule. To review and comment, click on the “LINKS” tab directly below. Then click on “Proposed Rule Amendments Published for Comment” to be taken to the page where links to rules subject to public comment are located.
Posted: April 24, 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.
Posted: February 24, 2023
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.
Posted: February 15, 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.
Posted: February 2, 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.
Posted: November 1, 2022
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.
Posted: April 28, 2022
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.
Posted: October 25, 2021
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.
Posted: October 21, 2021
The Utah Supreme Court voted to delay the implementation of Utah Rule of Civil Procedure 100A until May 1, 2022.
Posted: June 21, 2021
DISCLOSURE AND DISCOVERY AMENDMENTS
URCP026. General provisions governing disclosure and discovery. Amend. The amendments to Rule 26 extend several discovery timelines and clarify multiple provisions. The amendments also include the language that was proposed in SJR004 (2021), which addressed a party’s duty to pay an expert witness’s hourly fee for attendance at a deposition.
URCP010. Form of pleadings and other papers. Amend. Effective May 1, 2022.
URCP012. Defenses and objections. Amend.
URCP026. General provisions governing disclosure and discovery. Amend.
URCP026.01. Disclosure and discovery in domestic relations actions. Amend.
URCP100A. Case Management of Domestic Relations Actions. NEW.
URCP104. Divorce decree upon affidavit. Amend.
URCP106. Modification of final domestic relations order. Amend.
Supreme Court Order for rules 12, 26, 26.1, 100A, 104, and 106
Posted: April 15, 2021
URCP006. Time. AMEND. The proposed amendments to Rule 6(c) acknowledge the timing issues surrounding mail service by expanding the amount of time to act from 3 days to 7.
URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The proposed amendments to Rule 7 provide that motion hearings may be held remotely, consistent with the safeguards in Rule 43(b).
URCP037. Statement of discovery issues; Sanctions; Failure to admit, to attend deposition or to preserve evidence. AMEND. The proposed amendments to Rule 37 provide that hearings on discovery issues be conducted remotely, consistent with the Rule 43(b) safeguards.
URCP043. Evidence. AMEND. Replaces repealed Code of Judicial Administration Rule 4-106. The proposed amendments provide appropriate safeguards for the use of remote hearings and bring evidentiary hearings into the rule’s purview. The amendments also adopt an oath to be used for all witness testimony.
URCP045. Subpoena. AMEND. The proposed amendments to Rule 45 provide that if an appearance is required in response to a subpoena, the subpoena must provide notice of the date, time, and place for the appearance and, if remote transmission is requested, instructions for participation and who to contact if there are technical difficulties.