Category: -Rules of Civil Procedure

Rules of Civil Procedure – Comment Period Closes March 5, 2023

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.

Continue Reading

Utah Rules of Civil Procedure – Comment Period Closed January 21, 2023

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.

Continue Reading

Rules of Civil Procedure – Comment Period Closed December 15, 2022

URCP041. Dismissal of Actions. This rule was previously published for public comment after changes to subparagraphs (a)(1)(A), (a)(1)(A)(i), and (a)(2).  The issue of dismissing an action as to a particular party was brought to the Committee.  The example posed included a multi-defendant case where a settlement agreement may have been reached as to some, but not all defendants, and the plaintiff sought to dismiss the action as to those particular defendants, but not all of the defendants.  Rule 41 currently addresses the dismissal of an “action.”  The Committee is proposing a change to subsections (a)(1)(A) and (a)(2) that would permit a plaintiff to dismiss an action, “a claim, or a party… .”  Which is a slight language change from the previous amendment for the same purpose to make the language more clear.

Continue Reading

Rules of Civil Procedure – Comment Period Closed November 7, 2022

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND.  The first proposed change to subparagraph (l)(1) adds motions for Rule 16 pretrial conferences to the list of motions the court may act upon without waiting for a response.  The second proposed change removes portions of the rule and adds subparagraph (q) to the end of the rule to outline page limits and word limits for filings.  This brings the rule in line with the Utah Local Federal rules, the Utah Rules of Appellate Procedure, and the Federal Courts of Appeal which use page and word limits.  Parties may use the page or word limits.

URCP007A. Motions to enforce order and for sanctions. AMEND.  The proposed change to subparagraph (h) would clarify any confusion that may arise in reading rule 109 where an injunction is entered by the court in domestic actions and whether a party may file a motion to enforce an injunction entered by the court.  The same change was made to Rule 7B.

URCP007B. Motion to enforce order and for sanctions in domestic law matters. AMEND.  The proposed change to subparagraph (h) would clarify any confusion that may arise in reading rule 109 where an injunction is entered by the court in domestic actions and whether a party may file a motion to enforce an injunction entered by the court.  The same change was made to Rule 7A.

Continue Reading

Rules of Civil Procedure – Comment Period Closed May 22, 2022

URCP026.01. Disclosure and discovery in domestic relations actions. AMEND. There was a potential for ambiguity between the deadlines stated in URCP 26 and 26.1 for service of initial disclosures in domestic relations actions. The change to the first line in part (b) provides clarification.

URCP076.  Notice of contact information change. AMEND. Further change to the last amendment adding “or other court order” to the last line after protective order and stalking injunction.

Continue Reading

Rules of Civil Procedure – Comment Period Closed April 30, 2022

URCP004. Process. AMEND. Based upon the regular practice with default judgments the Committee is proposing a change of the word “will” to “may” in subsection (c)(1)(E).  The rule would then read that a “judgment by default may be entered against the defendant.”

URCP041.  Dismissal of actions. AMEND. The issue of dismissing an action as to a particular party was brought to the Committee.  The example posed included a multi-defendant case where a settlement agreement may have been reached as to some, but not all defendants, and the plaintiff sought to dismiss the action as to those particular defendants, but not all of the defendants.  Rule 41 currently addresses the dismissal of an “action.”  The Committee is proposing a change to subsections (a)(1)(A) and (a)(2) that would permit a plaintiff to dismiss an action “or any party or portion thereof.”

URCP042. Consolidation; separate trials; venue transfer. AMEND. A change is being proposed to (a)(3) from the word “new” to “single,” because procedurally clerks do not issue a new case number to cases that have been consolidated, rather the case is moved under one case number already in existence.

URCP043. Evidence. AMEND. Changes to the language of the remote hearing oath outlined in subsection (c) to remove the language “issue (or matter) pending between ___ and ___” to be replaced by the word “matter.”  Particularly for cases in juvenile court where the caption is “State of Utah in the interest of …” the language in the oath is more encompassing if read “evidence you shall give in this matter” when administering the oath.

Continue Reading

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.

Continue Reading

Rules of Civil Procedure – Comment Period Closed August 5, 2021

URCP005. Service and filing of pleadings and other papers. Amend. The proposed amendments provide that no certificate of service is required when a paper is served by filing it with the court’s electronic-filing system under paragraph (b)(3)(A).

URCP024. Intervention. Amend. Under the Indian Child Welfare Act (ICWA), an Indian Tribe is permitted to intervene in a child custody proceeding involving an Indian child. These cases arise in both district and juvenile court. Amendments to Rule 24, which track those already adopted in Juvenile Rule 50, will allow a uniform approach to ICWA to be adopted in both juvenile and district court.

Rule 62. Stay of proceedings to enforce a judgment or order. Amend. Among other amendments intended to streamline and improve Rule 62’s efficacy, the proposed amendments extend the time for the automatic stay from 14 days to 28 days and provide that a party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security.

URCP062. Redline

URCP062. Clean

Continue Reading

Rules of Civil Procedure – Comment Period Closed March 22, 2021

DISCLOSURE AND DISCOVERY AMENDMENTS

URCP026. General provisions governing disclosure and discovery. Amend. The proposed amendments to Rule 26 extend several discovery timelines and clarify multiple provisions. The amendments also include the language currently proposed in SJR004 (2021), which addresses a party’s duty to pay an expert witness’s hourly fee for attendance at a deposition (lines 113-114).

FAMILY LAW AMENDMENTS
As a whole, the family law amendments below are intended to

URCP010. Form of pleadings and other papers. Amend.

URCP012. Defenses and objections. Amend.

URCP026. General provisions governing disclosure and discovery. Amend.

URCP026.01. Disclosure and discovery in domestic relations actions. Amend.

URCP100A. Case Management of Domestic Relations Actions. NEW.

URCP104. Divorce decree upon affidavit. Amend.

URCP106. Modification of final domestic relations order. Amend.

Continue Reading

Rules of Civil Procedure – Comment period closed February 11, 2021

URCP005. Service and filing of pleadings and other papers. AMEND. The proposed amendments to Rule 5(b)(3) would make email service the default method.

URCP006. Time. AMEND. The proposed amendments to Rule 6(c) acknowledge the timing issues surrounding mail service by expanding the amount of time to act from 3 days to 7.

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The proposed amendments to Rule 7 would provide that motion hearings may be held remotely, consistent with the safeguards in Rule 43(b).

URCP037. Statement of discovery issues; Sanctions; Failure to admit, to attend deposition or to preserve evidence. AMEND. The proposed amendments to Rule 37 would provide that hearings on discovery issues be conducted remotely, consistent with the Rule 43(b) safeguards.

URCP043. Evidence. AMEND. Replaces repealed Code of Judicial Administration Rule 4-106. The proposed amendments would provide appropriate safeguards for the use of remote hearings and bring evidentiary hearings into the rule’s purview. The amendments would also adopt an oath to be used for all witness testimony.

URCP045. Subpoena. AMEND. The proposed amendments to Rule 45 would provide that if an appearance is required in response to a subpoena, the subpoena must provide notice of the date, time, and place for the appearance and, if remote transmission is requested, instructions for participation and who to contact if there are technical difficulties.

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.

Continue Reading