Category: URCP064

Rules of Civil Procedure – Comment Period Closed December 31, 2023

URCP101. Motion practice before court commissioners. AMEND.  The proposed change to subparagraph (k) stems from the footnote found in Nelson v. Nelson, 2023 UT App 38 and language found in URCP Rule 7B.  The amendment would change all “application for order to show cause language” to “motions to enforce order and for sanctions.”  Other non-substantive changes to the rule are made to adhere to the Utah Supreme Court style guide for the rules.

URCP064. Writs in general. AMEND. The proposed amendments to subparagraph (f)(4) substitutes the word “file” with the word “record” as it relates to recording with the county recorder.  Other non-substantive changes to the rule are made to adhere to the Utah Supreme Court style guide for the rules.

URCP066. Receivers. AMEND. The proposed amendments to subparagraph (g) substitutes the word “file” with the word “record” as it relates to recording with the county recorder.  Other non-substantive changes to the rule are made to adhere to the Utah Supreme Court style guide for the rules.

URCP069A. Seizure of property. AMEND. The proposed amendments to subparagraph (b) substitutes the word “file” with the word “record” as it relates to recording with the county recorder.  Other non-substantive changes to the rule are made to adhere to the Utah Supreme Court style guide for the rules.

URCP069B. Sale of property; delivery of property. AMEND. The proposed amendments to subparagraph (i) substitutes the word “file” with the word “record” as it relates to recording with the county recorder.  Other non-substantive changes to the rule are made to adhere to the Utah Supreme Court style guide for the rules.

URCP069C. Redemption of real property after sale. AMEND. The proposed amendments to subparagraphs (e) and (g) substitutes the word “file” with the word “record” as it relates to recording with the county recorder.  Other non-substantive changes to the rule are made to adhere to the Utah Supreme Court style guide for the rules.

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Rules of Civil Procedure – Comment period closes October 1, 2020

Consolidation and Venue Transfer Amendments

URCP042. Consolidation; separate trials; venue transfer. AMEND.

The amendments to Rule 42 involve two issues: consolidation and venue transfer. The amendments clarify the powers of the district court to 1) consolidate two or more cases from any district in the state, 2) transfer a case from any court to any other court in the state, or 3) take either action as to just a portion of two or more cases. The amendments further mandate that cases filed in an improper venue be transferred to a proper venue when such is available. The venue amendments address the Supreme Court’s invitation in Footnote 4 of Davis County v. Purdue Pharma, L.P, 2020 UT 17.

 

Domestic Injunction Amendments

URCP005. Service and filing of pleadings and other papers. AMEND.

URCP109. Injunction in certain domestic relations cases. AMEND.  

The proposed amendments to Rules 5 and 109 address conflicting provisions between the two rules. The amendments to Rule 5 add an exception to allow specific rules to state who serves the petition. The amendments to Rule 109 require the petitioner, rather than the court, to provide a copy of the injunction to the respondent.

 

Notice Amendments

As a whole, the proposed amendments to Rules 4, 7, 8, 36, and 101 would require more notice to parties of their rights and obligations. An example of a document containing the Judicial Council-approved bilingual notice of rights may be found here.

URCP004. Process. AMEND.  

The proposed notice amendments to Rule 4(c)(1) would require that the Judicial Council-approved bilingual notice of rights be included with the summons.

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND.

The proposed notice amendments to Rule 7(c) would require caution language on the first page of all dispositive motions. It also requires the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.

URCP008. General rules of pleadings. AMEND. 

The proposed notice amendments to Rule 8(a) would require caution language on the first page of all pleadings requesting relief and provides consequences for failing to do so.

URCP036. Request for admission. AMEND.

The proposed notice amendments to Rule 36(b) would require caution language on the first page of all requests for admission and provides consequences for failing to do so.

URCP101.Motion practice before court commissioners. AMEND.

The proposed notice amendments to Rule 101(a) would require caution language on the first page of all motions to court commissioners. It would also require the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.

 

Service of Process Amendments

URCP004. Process. AMEND.  

The proposed service of process amendments to Rule 4 address service on minors in paragraph (d)(1)(B) and outline the requirements for electronic acceptance of service in paragraph (d)(3)(B).

 

Supplemental Proceedings Amendments

URCP64.Writs in general. AMEND.  

The proposed amendments to Rule 64 would require that 1) enforcement proceedings be initiated by motion under new Rule 7A, and 2) that the party against whom enforcement proceedings are initiated be served with the notice of hearing under Rule 4. Under the proposed amendments, If the party did not appear at the enforcement proceedings hearing, only then could a bench warrant issue. The term “referee” in paragraph (c) has also been replaced with “clerk of court.”

URCP007A. Motion to enforce order and for sanctions. NEW. 

URCP007B. Motion to enforce order and for sanctions in domestic law matters. NEW. 

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND.  

New Rule 7A, which circulated once already for comment, has been split into two rules, 7A and 7B, in response to comments made during the comment period last year. Rules 7A and 7B would create a new, uniform process for enforcing court orders through regular motion practice. They would replace the current order to show cause process found in Rule 7(q) and in local court rules. During the comment period, several practitioners noted that the order to show cause process in the domestic arena differed from the process in other civil cases and should be separated out. Rule 7B would now address the domestic law order to show cause process. As previously noted, this would result in the repeal of Rule 7(q) because the provisions addressing the court’s inherent power to initiate order to show cause proceedings would now be found in Rules 7A(h) and 7B(h).

 

Vexatious Litigant Amendments

URCP083. Vexatious litigants. AMEND. 

The proposed amendments would bring represented parties into the rule’s purview. They would also permit any court to rely on another court’s vexatious litigant findings and order their own restrictions.

 

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Rules of Civil Procedure

URCP 45. Subpoena. Amend. Correct reference to Rule 4 regarding methods of serving subpoena
URCP 47. Jurors. Amend. Conforms rule regulating conversing with jurors to caselaw.
URCP 56. Summary judgment. Amend. Corrects reference to URCP 7. Technical amendments.
URCP 63. Disability or disqualification of a judge. Amend. Advises the judge regarding voluntary recusal upon remand after reversal.
URCP 64. Writs in general. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64A. Prejudgment writs in general. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64B. Writ of replevin. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64C. Writ of attachment. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64D. Writ of garnishment. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64E. Writ of execution. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64F. Waiver of bond or undertaking. Repeal. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 66. Receivers. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 69. Execution and proceedings supplemental thereto. Repeal. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69A. Seizure of property. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69B. Sale of property; delivery of property. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69C. Redemption of real property after sale. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.

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