Posted: October 20, 2021
Rules of Civil Procedure – Comment Period Closed December 4, 2021
URCP005. Service and filing of pleadings and other papers. AMEND. The proposed amendments would make email service the default method of service and eliminate the certificate of service requirement when a paper is served by filing it with the court’s electronic-filing.
URCP076. Notice of contact information change. AMEND. The proposed amendments to Rule 76 would coordinate with the Rule 5 amendments by clarifying the purposes for which updated contact information is provided to the court.
The proposed amendment to subsection (d) of Rule 5 eliminating service certificates for electronically filed documents should specifically reference the limitation from sub (b)(3)(A) that this only means service when BOTH parties have accounts with the efiling provider. It is implicit but should be explicit.
Subsection (d) should still require a certificate of service to the court when the electronically filed “paper” that needs to be served on a party not represented by counsel.
Also in Rule 76 eliminate the modifier “civil” with respect to stalking injunctions. There are criminal stalking injunctions, see UCA 78B–701 et seq..