URCP060 – Utah Court Rules – Published for Comment

Rules of Civil Procedure – Comment Period Closes September 6, 2024

URCP005 AMEND. The proposed amendments to this rule take into account the new filings systems and ways in which service and filing can be accomplished. The major amendments include removing the list from paragraph (a), updating the methods of service found in paragraph (b), and a revised paragraph (d) for certificates of service. Amendments were also made to conform to the rules style guide, format for other rules, and to use plain language.

URCP 001 AMEND. The proposed amendments to this rule are to conform to the rules style guide. It was reviewed along with Rule 81 after the drafting of the new Rules of Business and Chancery Court Procedure.

URCP081 AMEND. The proposed amendments to this rule were proposed after the drafting and finalization of the new Rules of Business and Chancery Court Procedure, and to conform to the rules style guide.

URCP007A AMEND. The proposed amendments to rules 7A(h) and 37(b) were made to clarify the enforcement mechanisms found in rule 37(b) as opposed to using the motion to enforce order and for sanctions process found in rule 7A. This amendment also includes a proposal to delete subparagraph (b)(6) from Rule 37. The amendments to Rule 37 will be forthcoming as the proposals include additional language changes for subpoenas that are being made in conjunction with several other URCP rules.

URCP060 AMEND. The proposed amendments to this rule are to clarify the language found in subparagraph (d) and update the numbering found in subparagraph (b) to conform to the rules style guide.

Rules of Civil Procedure

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.