Utah Court Rules – Published for Comment
The Supreme Court and Judicial Council invite comments about amending these rules. To view the proposed amendment, click on the rule number.
To submit a comment or view the comments of others, click on “Continue Reading.” To submit a comment, scroll down to the “Leave a Reply” section, and type your comment in the “Comment” field. Type your name and email address in the designated fields and click “Post Comment.”
Comments cannot be acknowledged, but all will be considered. Comments are saved to a buffer for review before publication.
Posted: May 21, 2004
URCP 62. Stay of proceedings to enforce a judgment. Amend. Strikes from the rule the amendments made by HJR 16. Effective May 12, 2004 under Rule 11-101(6)(F). Subject to further change after comment period.
Re URCP62(d): I believe the previous amendments to this rule are troublesome. Among other difficult aspects, it places an additional and onerous burden on the appellee to somehow discover (after judgment has been taken and discovery is closed) – and sufficiently establish for the court – whether an appellant is “dissipating assets outside the course of normal business to avoid payment for a judgment.” The statutorily reduced amount of the security bond is also troublesome given the fact that judgment has already been rendered. In my opinion, the amendments unfairly diminish the chances of successful collection if the appeal is unsuccessful (which is more likely than not to be the case.