Posted: December 15, 2014
Rules of Civil Procedure
URCP 056. Summary judgment. Amend. Moves the special requirements for motions for summary judgment from Rule 7 to Rule 56. Conforms more closely to FRCP 56, but retains the requirement under Utah law that the party with the burden of proof on an issue must meet its initial burden to present materials in the record establishing that no genuine issue of material fact exists and that the party with the burden of proof is entitled to judgment as a matter of law.
Rule 56(b):
The last sentence of this paragraph says, “Unless the court orders otherwise, a party may file a motion for summary judgment at any time until 28 days after the close of all discovery.” It is unclear from the language “until 28 days” whether a party may file the motion actually on the 28th day after the close of discovery, or whether it must be filed before the 28th day. We request that the Court clarify this deadline by stating, for example, that the motion may be filed “no later than 28 days,” “on or before 28 days” or “before 28 days.”