Posted: February 15, 2024
Rules of Civil Procedure – Comment Period Closed March 31, 2024
URCP018. Joinder of claims and remedies. AMEND. The proposed amendments reflect the change in the statue using the language “voidable transaction” instead of “fraudulent conveyance.” Other changes were made to the gendered pronouns used in the rule, as well as to simplify the language of the rule.
I suggest that “will” in line 12 be replaced with “may.” “Will” usually “expresses a future contingency” (Bryan Garner, Guidelines for Drafting and Editing Court Rules, sec 4.2). I don’t think any “future contingency” is contemplated by the rule. “May” indicates the court “has discretion to” or “is permitted to” and seems to better express what the rule intends.