Category: URCP026

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.

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Rules of Civil Procedure

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.

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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.

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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

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Rules of Civil Procedure

URCP 016. Pretrial conferences, scheduling, and management conferences. Amend. Coordinates sanction provisions with those in Rule 35 and Rule 37. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 023A. Derivative actions by shareholders. Renumber and amend. Renumbers the rule to conform to Supreme Court protocol. Amends the rule to more clearly delineate the content of the petition. Proposed effective date: November 1, 2007.
URCP 026. General provisions governing discovery. Amend. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 033. Interrogatories to parties. Amend. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 034. Production of documents and things and entry upon land for inspection and other purposes. Amend. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 035. Physical and mental examination of persons. Amend. Coordinates sanction provisions with those in Rule 16 and Rule 37. Proposed effective date: November 1, 2007.
URCP 037. Failure to make or cooperate in discovery; sanctions. Amend. Creates sanctions for spoliation of evidence. Coordinates sanction provisions with those in Rule 16 and Rule 35. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 045. Subpoena. Amend. Require person scheduling deposition to give advance notice before serving subpoena. Permit person serving subpoena rather than recipient to decide whether records should be copied and delivered or delivered for inspection and copying. Requires advance payment of costs upon request. Clarifies the grounds and procedures for objecting to a subpoena. Requires declaration under penalty of perjury to accompany documents produced under a subpoena. Adopt the federal provisions governing discovery of electronically stored information. Delete committee note. Proposed effective date: November 1, 2007.
URCP Form 40. Subpoena. Repeal & Reenact. Subpoena, Notice of Rights, Objection. Proposed effective date: November 1, 2007.
URCP 101. Motion practice before court commissioners. Amend. Permit motion for default judgment to be heard by the court commissioner. Technical amendments. Proposed effective date: November 1, 2007.
URCP 106. Modification of divorce decrees. Amend. Expand to include modification of any final domestic relations order. Proposed effective date: November 1, 2007.

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Utah Rules of Civil Procedure

URCP 009. Pleading special matters. Amend. Describes method for identifying persons to whom a defendant wants to assess fault under Utah Code Section 78-27-41. May 2, 2005 Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
URCP 026. General provisions governing discovery. Amend. Discovery plan should include deadline for identifying non-parties to whom fault will be allocated. May 2, 2005 Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.

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