Rule 10. Form of pleadings and other papers.
(a) Caption; names of parties; other necessary information.
(a)(1) All
pleadings and other papers filed with the court shall contain a caption setting
forth the name of the court, the title of the action, the file number, the name
of the pleading or other paper, and the name, if known, of the judge (and
commissioner if applicable) to whom the case is assigned. A party filing a
claim for relief, whether by original claim, counterclaim, cross-claim or
third-party claim, shall include in the caption the discovery tier for the case
as determined under Rule 26.
(a)(2) In the
complaint, the title of the action shall include the names of all the parties,
but other pleadings and papers need only state the name of the first party on
each side with an indication that there are other parties. A party whose name
is not known shall be designated by any name and the words "whose true
name is unknown." In an action in rem, unknown
parties shall be designated as "all unknown persons who claim any interest
in the subject matter of the action."
(a)(3) Every
pleading and other paper filed with the court shall state in the top left hand
corner of the first page the name, address, email address, telephone number and
bar number of the attorney or party filing the paper, and, if filed by an
attorney, the party for whom it is filed.
(a)(4) A party
filing a claim for relief, whether by original claim, counterclaim, cross-claim
or third-party claim, shall also file a completed cover sheet substantially
similar in form and content to the cover sheet approved by the Judicial
Council. The clerk may destroy the coversheet after recording the information
it contains.
(b) Paragraphs; separate statements. All statements of claim or defense
shall be made in numbered paragraphs. Each paragraph shall be limited as far as
practicable to a single set of circumstances; and a paragraph may be adopted by
reference in all succeeding pleadings. Each claim founded upon a separate
transaction or occurrence and each defense other than denials shall be stated
in a separate count or defense whenever a separation facilitates the clear
presentation of the matters set forth.
(c) Adoption by reference; exhibits. Statements in a paper may be
adopted by reference in a different part of the same or another paper. An
exhibit to a paper is a part thereof for all purposes.
(d) Paper format. All pleadings and other papers, other than exhibits
and court-approved forms, shall be 8½ inches wide x 11 inches long, on white
background, with a top margin of not less than 2 inches, a right and left
margin of not less than 1 inch and a bottom margin of not less than one-half
inch, with text or images only on one side. All text or images shall be clearly
legible, shall be double spaced, except for matters customarily single spaced,
and shall not be smaller than 12-point size.
(e) Signature line. The name of the person signing shall be typed or
printed under that person’s signature. If a paper is electronically signed, the
paper shall contain the typed or printed name of the signer with or without a
graphic signature.
(f) Non-conforming papers. The clerk of the court shall examine all
pleadings and other papers filed with the court. If they are not prepared in
conformity with paragraphs (a) – (e), the clerk shall accept the filing but may
require counsel to substitute properly prepared papers for nonconforming
papers. The clerk or the court may waive the requirements of this rule for
parties appearing pro se. For good cause shown, the court may relieve any party
of any requirement of this rule.
(g) Replacing lost pleadings or papers. If an original pleading or
paper filed in any action or proceeding is lost, the court may, upon motion,
with or without notice, authorize a copy thereof to be filed and used in lieu
of the original.
(h) No improper content. The court may strike and disregard all or any
part of a pleading or other paper that contains redundant, immaterial,
impertinent or scandalous matter.
(i) Electronic papers.
(i)(1) Any reference in these rules to a writing, recording
or image includes the electronic version thereof.
(i)(2) A paper electronically signed and filed is the
original.
(i)(3) An electronic copy of a paper, recording or image may
be filed as though it were the original. Proof of the original, if necessary,
is governed by the Utah Rules of Evidence.
(i)(4) An electronic copy of a paper shall conform to the
format of the original.
(i)(5) An electronically filed paper may contain links to
other papers filed simultaneously or already on file with the court and to
electronically published authority.