Category: -Rules of Civil Procedure

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.

URCP012. Defenses and objections. AMEND.  After this rule was posted for public comment there are additional proposed changes to subparagraphs (a)(1) and (a)(2).  The amendments clarify the applicability of the rules and the language for pleadings filed in domestic relations actions.

URCP083. Vexatious litigants. AMEND. Amendments were previously made to this rule and published for comment.  Amendments are now also proposed to lines 42 and 63 to include the language “or petition for permission to” in these sentences.  Furthermore, an amendment is proposed to add the language “after notice and an opportunity to be heard” to subparagraph (b) to clarify the vexatious litigants’ right to notice and an opportunity to be heard on these issues.

URCP056. Summary judgment. AMEND. The proposed changes to subparagraph (b) is aimed to provide clarity to the deadline for filing motions for summary judgment so as not to be dependent upon the close of discovery.

URCP006. Time.  AMEND.  The proposed change adds “Juneteenth National Freedom Day (as recognized by the Utah Legislature as the third Monday of June)” to the list of legal holidays set forth by the rule.  Also, change “state” to “legal” in subparagraph (a)(6)(M).

URCP012.  Defenses and objections.  AMEND.  The proposed change adds “file and” to the language before the word “serve” to make it clear answers must be filed with the court and served.

URCP004. Process. AMEND. The Committee proposes an amendment to subparagraph (d)(1)(D), similar to the amendment proposed by Judge Orme in Jordan Credit Union v. Sullivan, 2022 UT App 120, ¶ 18 (Orme, J., concurring), in order to allow for personal service of process on an incarcerated person.

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The Committee proposes adding two motions to the subparagraph (l)(1) list of motions that a court may decide without awaiting a response. First, the Committee proposes adding a motion to strike a document filed by a vexatious litigant in violation of Rule 83(d). Where a vexatious litigant makes an improper filing, it is not presently clear whether an opposing party must proceed under Rule 7A’s procedures for enforcing the vexatious litigant order. Requiring the opposing party to do so would involve full briefing and considerable delay, contrary to the purpose of filing restrictions imposed under Rule 83. Second, the Committee proposes adding a motion to appear remotely.

URCP083. Vexatious Litigants. AMEND. The Committee proposes amending subparagraphs (b)(4) and (d)(1) to allow vexatious litigants to file a notice of appeal without first getting approval from the trial judge. Where a trial court imposes filing restrictions on a vexatious litigant, sometimes court clerks have refused attempts by the litigant to file a notice of appeal. This can create uncertainty in some cases as to whether an appellate court has jurisdiction over an appeal because the documentary evidence of a timely appeal is missing.  The amendments would make it clear that the trial court may not erect barriers to the filing of a notice of appeal. The Committee also proposes amending subparagraphs (b)(4), (b)(5), and (d)(1) to change “leave of the court” to “permission of the court” to make the language more understandable to self-represented litigants.

URCP059. New trial; altering or amending a judgment. (Amend). The Committee proposes amending the language of subparagraph (e) to include “unless otherwise provided for by statute or rule” because as written the rule may conflict with Utah Code section 78B-6-811(5)(b), which states a court may modify a judgment for additional amounts owed if a motion is submitted within 180 days.