Category: URCP030

Rules of Civil Procedure – Comment Period Closes September 8, 2026

URCP005. Service and filing of pleadings and other documents. AMEND. The amendments require a party seeking default judgment to serve notice on a non-moving party’s attorney if known, even if no formal appearance has been entered. Additionally, they expand service requirements on defaulting parties to mandate serving the proposed default judgment along with all accompanying and supporting documents.

URCP029.Stipulations regarding disclosure and discovery procedure. AMEND. This amendment corrects a typographical error by updating a cross-reference from Rule 26(b)(2) to Rule 26(b)(3) regarding proportionality standards.

URCP030. Depositions upon oral questions. AMEND. The amendments to paragraph (f) remove outmoded requirements for deposition officers to physically seal and label transcripts with specific markings, streamlining delivery requirements to reflect modern practice and eliminate unnecessary costs.

URCP037. Statement of discovery issues; Sanctions; Failure to admit, to attend deposition or to preserve evidence. AMEND. The amendments align paragraph (a)(2) with Rule 7(q) by adding a 1,500-word limit option for statements of discovery issues, and update a cross-reference in paragraph (a)(7) from Rule 26(b)(2) to Rule 26(b)(3) regarding proportionality standards.

URCP064. Writs in general. AMEND. The amendments to paragraph (d)(2) align the rule with S.B. 156 by explicitly permitting writs to direct an officer to establish a periodic payment schedule with a defendant in lieu of seizing and selling property, or to communicate with the defendant regarding payment of the writ.

URCP064E. Writ of execution. AMEND. The amendment to paragraph (a) aligns the rule with S.B. 156 by clarifying that a writ of execution is available to enforce a judgment or order for the payment of money whether the payment is in an amount sufficient to satisfy the final judgment or subject to a periodic payment schedule.

URCP074. Withdrawal of counsel. AMEND. The amendment to paragraph (e) removes the requirement for former counsel’s signature on a notice of substitution of counsel, ensuring that obtaining former counsel’s signature or permission is not a prerequisite for a client to secure new representation.

URCP0105. Shortening 30 day waiting period in divorce actions. AMEND. The amendments replace references to a “motion for a hearing” with a “request to enter a decree of divorce” to reflect the modern practice of submitting stipulated proposed findings rather than holding actual hearings, alongside minor plain-language and stylistic updates.

URCP110. Judicial interview of a minor child. NEW. This new rule applies to district court proceedings in which the court is permitted to interview a minor child, and explicitly excludes juvenile court matters, child testimony, and non-judicial interviews. Adapted generally from the Uniform Judicial Interview of Children Act (UJICA), the rule covers interview criteria, required judicial training, recording requirements, guardian ad litem attendance, and post-interview access to records.

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Rules of Civil Procedure – Comment Period Closed January 31, 2025

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. Proposed amendments to (b)(4) regarding orders related to subpoenas under rule 45, and adding motions that may be acted upon without waiting for a response under (l).

URCP030. Depositions upon oral questions. AMEND. Proposed amendment to subparagraph (b)(6) to add clarity regarding objections to a subpoena, and amendments to conform with the style guide for the rules.

URCP037. Statement of discovery issues; Sanctions; Failure to admit, to attend deposition or to preserve evidence. AMEND. Proposed amendments to add a reference to objections under rule 45(e)(4) to the statement of discovery issues in subparagraph (a)(2), as well as to subparagraph (a)(3), to add person subject to and non parties affected by subpoenas to the proposed order requirements found in (a)(5), to remove subparagraph (b)(6), and amendments to correct references to other rules as well as conform with the style guide for the rules.

URCP045. Subpoena. AMEND. Proposed amendments to add a written requirement to subparagraph (e)(4), to clarify the process found in subparagraph (e)(5) regarding responses to objections and compliance, and amendments to conform with the style guide for the rules.

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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.

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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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