-Rules of Civil Procedure – Page 5 – Utah Court Rules

Posted: April 11, 2014

Rules of Civil Procedure

URCP 005. Service and filing of pleadings and other papers. Amend. Eliminates service by fax. Eliminates the requirement that a party must agree to service by email. Describes how to file an affidavit or declaration, given the requirements of e-filing. Makes numerous amendments intended to simplify the text.
URCP 030. Depositions upon oral questions. Amend. Deletes an incorrect reference to appellate transcripts of court hearings as the method for preparing a transcript of a deposition.
URCP 037. Discovery and disclosure motions; Sanctions. Amend. Replaces traditional discovery motions with the process of expedited statements of discovery issues currently found in Code of Judicial Administration Rule 4-502. If approved, the procedural provisions of Rule 4-502 will be deleted. Allows costs and attorney’s fees to be included as part of a statement of discovery issues, but requires a motion for sanctions.

Posted: November 26, 2013

Rules of Civil Procedure

URCP 006. Time. Repeal and reenact. Conforms the computation of time to the approach of the Federal Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days. The list of deadlines proposed to be amended is linked. If approved, those rules will be amended to change the deadlines as indicated, but the rules will not be published for comment. Deadlines not listed are not proposed to be amended.
URCP 010. Form of pleadings and other papers. Amend. Prohibits a graphic or “wet” signature on an electronically filed document.
URCP 058B. Satisfaction of judgment. Amend. Requires the creditor to file a satisfaction of judgment within 28 days after the judgment has been paid.
URCP 074.
Withdrawal of counsel. Amend. Permits an attorney making a limited appearance to withdraw by announcing the withdrawal in court, if permitted by the judge.
URCP 075. Limited Appearance. Amend. Permits an attorney making a limited appearance to announce the appearance in court, if permitted by the judge.

Posted: May 15, 2013

Rules of Civil Procedure

URCP 007. Pleadings allowed; motions, memoranda, hearings, orders. Amend. Adopts expedited procedures for resolution of specified motions related to disclosure and discovery. If approved, similar provisions currently in the Code of Judicial Administration will be deleted.
URCP 058A. Entry of judgment; abstract of judgment. Amend. Requires the party preparing the judgment to promptly serve a copy of the signed judgment on the other parties and promptly file proof of service with the court. Proposed in conjunction with proposed amendments to URAP 4.
URCP 058B. Satisfaction of judgment. Amend. Requires the creditor to file a satisfaction of judgment upon the debtor’s request.
URCP 064D. Writ of garnishment. Amend. Extends a writ of continuing garnishment to one year, unless a second or subsequent writ is served.

Posted: June 6, 2012

Rules of Civil Procedure

URCP 010. Form of pleadings and other papers. Amend. Requires designation of the discovery tier in the caption of a claim. Requires a court-approved coversheet for counterclaims and cross claims as well as complaints. Requires that a lawyer’s contact information on a paper be the same as on file with the Utah State Bar.
URCP 011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Deletes a provision that conflicts with Rule 26(e). The consequence will be that the signature on disclosures, discovery requests and discovery responses is a certification under Rule 11.
URCP 026. General provisions governing disclosure and discovery. Amend. Changes the time for initial disclosures. Provides for timing of disclosure and discovery of rebuttal experts. Clarifies that disclosure and discovery documents must be served.
URCP 026.02. Disclosures in personal injury actions. Amend. Narrows the limitation on the further use of disclosures to Plaintiff’s Social Security number and Medicare health insurance claim numbers. In a committee note, describes the committee’s intent regarding the scope of the rule.
URCP 037. Discovery and disclosure motions; Sanctions. Amend. Allows the court to enter sanctions if a motion for a protective order or motion to compel is denied.
URCP 105. Shortening 90 day waiting period in domestic matters. Amend. Changes the standard of “good cause” to extraordinary circumstances” in keeping with Section 30-3-18.

Posted: April 3, 2012

Rules of Civil Procedure

URCP 005. Service and filing of pleadings and other papers. Amend. Requires a certificate of service appended to each document that has to be served. Permits the court to serve documents by email.

Posted: December 2, 2011

Rules of Civil Procedure

URCP 025. Substitution of parties. Amend. Clarifies that the notice of hearing on a motion to substitute parties must be served with the motion if the hearing has been scheduled by the time the motion is served.

Posted: October 9, 2011

Rules of Civil Procedure

URCP 026.02 Disclosures in personal injury actions. New. Described special disclosures in personal injury actions.
URCP 083. Vexatious litigants. New. Establishes the standards and procedures for declaring a person to be a vexatious litigant. Establishes management of cases involving vexatious litigants.

Posted: August 3, 2011

Rules of Civil Procedure

URCP 004. Process. Amend. Deletes the requirement that a summons published in a newspaper must be in an English language newspaper.
URCP 065C. Post-conviction relief. Amend. Adds appointment of pro bono counsel in accordance with Sections 78B-9-109 and -202.

Posted: May 3, 2011

Rules of Civil Procedure

NOTICE FROM UTAH SUPREME COURT ADVISORY COMMITTEE
The Civil Rules Committee has been working on extensive amendments to the rules, and particularly the discovery rules, in an effort to reduce the cost and delay of civil litigation. The draft rules were informally published in June 2010, and members of the committee met with lawyers and judges throughout the state to explain the rules and seek comments and suggestions. The informal comment period ended in December 2010.
Since then, the committee has reviewed and discussed all comments, and the draft rules were revised in response to some of them. The most significant changes were to specify “tiers” of standard discovery based on the amount at issue in the litigation and to provide parties with the choice of receiving a report from an opposing expert, or taking a 4-hour deposition of the opposing expert.
The draft rules are now being officially published, and comments will be accepted during the 45-day comment period. The committee will consider all comments received, make further changes to the rules if warranted, and then send its recommendations to the Supreme Court.
The comment deadline is June 21.
URCP 001. General provisions. w/o redline w/redline
URCP 008. General rules of pleadings. w/o redline w/redline
URCP 009. Pleading special matters. w/o redline w/redline
URCP 016. Pretrial conferences. w/o redline w/redline
URCP 026. General provisions governing disclosure and discovery. w/o redline w/redline
URCP 026A. Disclosure in domestic relations actions. w/o redline w/redline
URCP 029. Stipulations regarding disclosure and discovery procedure. w/o redline w/redline
URCP 030. Depositions. w/o redline w/redline
URCP 031. Depositions upon written questions. w/o redline w/redline
URCP 033. Interrogatories to parties. w/o redline w/redline
URCP 034. Production of documents and things and entry upon land for inspection and other purposes. w/o redline w/redline
URCP 035. Physical and mental examination of persons. w/o redline w/redline
URCP 036. Request for admission. w/o redline w/redline
URCP 037. Failure to make or cooperate in disclosure or discovery; sanctions. w/o redline w/redline

Posted: March 2, 2011

Rules of Civil Procedure

URCP 064D Writ of garnishment. Amend. Requires the creditor to meet and confer with the garnishee before attempting to impose liability on the garnishee.
URCP 101. Motion practice before court commissioners. Amend. Deletes a paragraph that is incorporated into new Rule 108.
URCP 108. Objection to court commissioner’s recommendation. New. Establishes a procedure for objecting to a court commissioner’s recommendations. Establishes standards of review.