Category: -Rules of Civil Procedure

Rule 034 Production of documents and things and entry upon land for inspection and other purposes. Amend. The 2016 amendments to Rule 34(b)(2) adopt 1) the specificity requirement in the 2015 amendments to Federal Rule of Civil Procedure 34(b)(2)(B), 2) a portion of Federal Rule 34(b)(2)(C) dealing with the basis for an objection to production, and 3) some clarifying language from the federal note.

Rule 035 Physical and mental examination of persons. Amend. The 2016 amendments to Rule 35 clarify when there is overlap between a Rule 26(a)(4) expert report and when there is not. It also provides a 28-day time frame in which the party requesting the Rule 35 examination must disclose the report to the person being examined.

Rule 004 The proposed amendment eliminates the authority to serve a defendant any time before trial, see St. Jeor v. Kerr Corporation, 2015 UT 49, ¶2. It also allows for and describes acceptance of the summons and complaint, which replaces the section on waiver of service, and it requires proof of service to include a copy of the summons.

URCP 055. Default. Amend. Requires that the plaintiff provide a verfiied complaint or affidavit setting forth necessary facts to establish the amount of the claim, after deducting credits, and verifies that the amount is warranted by information in the plaintiff’s possession. Effective July 8, 2015 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.

URCP 006. Time. Amend. Corrects references to amended rules 50 and 60.
URCP 011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Recognizes the requirements of rule 5(f) for a notarized, verified or acknowledged signature.
URCP 050. Judgment as a matter of law in a jury trial; related motion for a new trial; conditional ruling. Amend. Adopts many of the provisions of Federal Rule of Civil Procedure 50. Changes the name from “directed verdict” to “judgment as a matter of law.” Eliminates the requirement that the motion be renewed at the close of all evidence. Extends to 28 days after the judgment the time in which to renew the motion for judgment as a matter of law. Describes the effect of trial court rulings reversed on appeal.
URCP 052. Findings and conclusions by the court; amended findings; waiver of findings and conclusions; correction of the record; judgment on partial findings. Amend. Adopts many of the provisions of Federal Rule of Civil Procedure 52. Provides for judgment on partial findings, which will replace an equivalent provision in rule 41(b). Extends to 28 days after the judgment the time in which to file a motion to amend or make additional filings.
URCP 059. New trial; altering or amending a judgment. Amend. Adopts many of the provisions of Federal Rule of Civl Procedure 59. Extends to 28 days after the judgment the time in which to file a motion for new trial or a motion to amend or alter the judgment. Allows the court to grant, after notice and an opportunity to be heard, a motion for a new trial for a reason not stated in the motion.
URCP 060. Relief from judgment or order. Amend. Style changes intended to simplify and clarify the rule.
URCP 063. Disability or disqualification of a judge. Amend. Allows a second or subsequent motion to disqualify a judge if the motion is based on grounds that the party did not know of or could not have known at the time of the earlier motion. Requires a request to submit for decision with the motion. Expressly prohibits a response from another party.

URCP 008. General rules of pleadings. Amend. Changes the phrase “contributory negligence” to “comparative fault,” in keeping with Utah Code sections 78B-5-817 through 78B-5-823.

URCP 056. Summary judgment. Amend. Moves the special requirements for motions for summary judgment from Rule 7 to Rule 56. Conforms more closely to FRCP 56, but retains the requirement under Utah law that the party with the burden of proof on an issue must meet its initial burden to present materials in the record establishing that no genuine issue of material fact exists and that the party with the burden of proof is entitled to judgment as a matter of law.

URCP 026. General provisions governing disclosure and discovery. Amend. Refers the person requesting extraordinary discovery to rule 37.
URCP 045. Subpoena. Amend. Refers the person objecting to a subpoena or requesting an order to compel to rule 37. Requires that a third-party subpoena be served on the other parties.