Posted: February 4, 2005
Utah Rules of Civil Procedure
URCP 009. Pleading special matters. Amend. Describes method for identifying persons to whom a defendant wants to assess fault under Utah Code Section 78-27-41. May 2, 2005 Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
URCP 026. General provisions governing discovery. Amend. Discovery plan should include deadline for identifying non-parties to whom fault will be allocated. May 2, 2005 Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Great change to the rules. This change is needed. My only question is the comments to Rule 26 contain a matrix giving suggested cut-offs. I suggest also changing that matrix to suggest a time period for this designation. The cut-off should be early enough that discovery can be held on the new information.
I am very pleased with the amendments to the URCP rules 9 and 26. These amendments will streamline pretrial proceedings, particularly after the conclusion of discovery.