Rule 40. Attorney's or party's
certificate; sanctions and discipline.
(a) Attorney's or party's certificate. Every
motion, brief, and other paper of a party represented by an attorney shall be
signed by at least one attorney of record who is an active member in good
standing of the Bar of this state. The attorney shall sign his or her
individual name and give his or her business address, telephone number, and
Utah State Bar number. A party who is not represented by an attorney shall sign
any motion, brief, or other paper and state the party's address and telephone
number. Except when otherwise specifically provided by rule or statute,
motions, briefs, or other papers need not be verified or accompanied by
affidavit. The signature of an attorney or party constitutes a certificate that
the attorney or party has read the motion, brief, or other paper; that to the
best of his or her knowledge, information, and belief, formed after reasonable
inquiry, it is not frivolous or interposed for the purpose of delay as defined
in Rule 33. If a motion, brief, or other paper is not signed as required by
this rule, it shall be stricken unless it is signed promptly after the omission
is called to the attention of the attorney or party. If a motion, brief, or
other paper is signed in violation of this rule, the authority and the
procedures of the court provided by Rule 33 shall apply.
(b) Sanctions and discipline of attorneys and parties. The court may,
after reasonable notice and an opportunity to show cause to the contrary, and
upon hearing, if requested, take appropriate action against any attorney or
person who practices before it for inadequate representation of a client,
conduct unbecoming a member of the Bar or a person allowed to appear before the
court, or for failure to comply with these rules or order of the court. Any
action to suspend or disbar a member of the Utah State Bar shall be referred to
the Office of Professional Conduct of the Utah State Bar.
(c) Rule does not affect contempt power. This rule shall not be
construed to limit or impair the court's inherent and
statutory contempt powers.
(d) Appearance of counsel pro hac vice. An attorney who is licensed to practice before
the bar of another state or a foreign country but who is not a member of the
Bar of this state, may appear, pro hac vice upon
motion, filed pursuant to the Code of Judicial Administration. A separate
motion is not required in the appellate court if the attorney has previously
been admitted pro hac vice in the lower tribunal, but
the attorney shall file in the appellate court a notice of appearance pro hac vice to that effect.
Advisory Committee
Notes
Refer to Rule 14-806 of the Rules Governing the Utah State Bar for
qualification of out of state counsel to practice before the courts of Utah.