Posted: July 23, 2026
Rules of Civil Procedure – Comment Period Closes September 8, 2026
URCP005. Service and filing of pleadings and other documents. AMEND. The amendments require a party seeking default judgment to serve notice on a non-moving party’s attorney if known, even if no formal appearance has been entered. Additionally, they expand service requirements on defaulting parties to mandate serving the proposed default judgment along with all accompanying and supporting documents.
URCP029.Stipulations regarding disclosure and discovery procedure. AMEND. This amendment corrects a typographical error by updating a cross-reference from Rule 26(b)(2) to Rule 26(b)(3) regarding proportionality standards.
URCP030. Depositions upon oral questions. AMEND. The amendments to paragraph (f) remove outmoded requirements for deposition officers to physically seal and label transcripts with specific markings, streamlining delivery requirements to reflect modern practice and eliminate unnecessary costs.
URCP037. Statement of discovery issues; Sanctions; Failure to admit, to attend deposition or to preserve evidence. AMEND. The amendments align paragraph (a)(2) with Rule 7(q) by adding a 1,500-word limit option for statements of discovery issues, and update a cross-reference in paragraph (a)(7) from Rule 26(b)(2) to Rule 26(b)(3) regarding proportionality standards.
URCP064. Writs in general. AMEND. The amendments to paragraph (d)(2) align the rule with S.B. 156 by explicitly permitting writs to direct an officer to establish a periodic payment schedule with a defendant in lieu of seizing and selling property, or to communicate with the defendant regarding payment of the writ.
URCP064E. Writ of execution. AMEND. The amendment to paragraph (a) aligns the rule with S.B. 156 by clarifying that a writ of execution is available to enforce a judgment or order for the payment of money whether the payment is in an amount sufficient to satisfy the final judgment or subject to a periodic payment schedule.
URCP074. Withdrawal of counsel. AMEND. The amendment to paragraph (e) removes the requirement for former counsel’s signature on a notice of substitution of counsel, ensuring that obtaining former counsel’s signature or permission is not a prerequisite for a client to secure new representation.
URCP0105. Shortening 30 day waiting period in divorce actions. AMEND. The amendments replace references to a “motion for a hearing” with a “request to enter a decree of divorce” to reflect the modern practice of submitting stipulated proposed findings rather than holding actual hearings, alongside minor plain-language and stylistic updates.
URCP110. Judicial interview of a minor child. NEW. This new rule applies to district court proceedings in which the court is permitted to interview a minor child, and explicitly excludes juvenile court matters, child testimony, and non-judicial interviews. Adapted generally from the Uniform Judicial Interview of Children Act (UJICA), the rule covers interview criteria, required judicial training, recording requirements, guardian ad litem attendance, and post-interview access to records.
Proposed Rule 5 modifies the requirement to serve a notice of default judgment but preserves an uncertainty that has existed regarding that service: if an attorney appears in an action and the court later enters a judgment, must the Rule 58A notice of entry of judgment be served only on the attorney as required by Rule 5(b)(1), or should service also be made on the party?
I recommend that Rule 5(b)(1) be modified to require that any Rule 58A notice of judgment be served on both the attorney and the party. Too often, especially with default judgments, the judgment is entered as a result of a mistake or neglect by the attorney. The client should be notified directly of any judgment so that the attorney cannot hide the mistake.