Category: URCP043

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.

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 Replaces repealed Code of Judicial Administration Rule 4-106.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.