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 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.
Supreme Court Order
URCP005. Service and filing of pleadings and other papers. Amend. Paragraph (b)(3)(B) is amended to remove the requirement that a person must agree to accept service by email in order to be served by email. If a person provides an email address pursuant to Rule 10(a)(3) or Rule 76, the person may be served Rule 5 papers at that address.
URCP109. Injunction in certain domestic relations cases. New. Provides that in certain domestic relations cases, an injunction will enter upon the filing of the case. Its provisions address areas such as disposing of property, disturbing the peace of the other party, committing domestic violence, using the other party’s identification to obtain credit, interfering with telephone or utility service, modifying insurance, and behavior around the minor children. The injunction is binding on the petitioner upon filing the initial petition and on the respondent after the filing of the initial petition and upon receipt of a signed copy of the injunction as entered by the court.
Supreme Court Order
URCP005. Service and filing of pleadings and other papers. Amend. Provides that the court submitting a paper to the electronic filing service provider is a valid method of service if the person being served has an electronic filing account. Also provides that certificates of service are not required for papers that are prepared and served by the court when service to all parties is made under paragraph (b)(3)(A).
URCP006. Time. Amend. Adopts the prisoner mailbox rule, which provides that pleadings and papers filed or served by an inmate confined in an institution are timely if they are deposited in the institution’s internal mail system on or before the last day for filing. Also provides that when a party is not represented by an attorney, does not have an electronic filing account, and may or must act within a specified time after the filing of a paper, the period of time within which the party may or must act is counted from the service date and not the filing date of the paper.
URCP026.03. Subpoena. Amend. In response to recent legislative updates to Utah Code section 78B-6-810, changes the language in paragraphs (b)(2) and (c) from “occupancy hearing” to “evidentiary hearing” and removes the language “to determine occupancy” in those paragraphs. Also removes the reference to commercial tenants in paragraph (a).
URCP045. Subpoena. Amend. Makes a technical amendment in conformity with Rule 6.
Supreme Court Order (Rules 6, 26.3 and 45)
Supreme Court Order (Rule 5)
URCP 005. Service and filing of pleadings and other papers. Amend. Eliminates service by fax and allows the parties to agree to a method of service not approved by rule. Eliminates the requirement to obtain a lawyer’s agreement to be served by email. Retains that requirement when serving self represented parties. Requires electronic filing by parties with an electronic filing account. Describes how to file an affidavit. Style changes intended to simplify and clarify the rule.
URCP 007. Pleadings allowed; motions, memordanda, hearings, orders. Repeal and reenact. Brings regularity to motion practice. Adopts many of the provisions of Rule 71 of the U.S. District Court for the District of Utah. Combines the motion and the memorandum supporting the motion into one document. Establishes new page limits. Describes supplemental authority and an objection to evidence. Prohibits a proposed order in most circumstances. Describes the process for preparing an order after a ruling on the motion. Eliminates the requirements for words indicating that nothing further is required of the parties if the judge intends a ruling or decision to be final. Eliminates the requirement that an order be a separate document.
URCP 054. Judgment; costs. Defines a “judgment.” Eliminates the requirement to state the process by which the judgment was entered. Removes an antiquated process for amending the judgment to include interest and costs. Style changes intended to simplify and clarify the rule.
URCP 056. Summary judgment. Repeal and reenact. Adopts many of the provisions of the Federal Rule of Civil Procedure 56. Includes some special requirements formerly found in rule 7.
URCP 058A. Entry of judgment; abstract of judgment. Amend. Requires that every judgment and decree be prepared as a separate document. Describes the process for preparing a proposed judgment. Fixes the time at which the judgment is entered; even if a separate document is not prepared.
Supreme Court Order.
URCP 005. Service and filing of pleadings and other papers. Amend. Describes when the attorney and party must be served if the attorney has entered a limited appearance.
URCP 017. Parties plaintiff and defendant. Amend. Limits the requirement that a minor appear by a guardian or guardian ad litem to an unemancipated minor.
URCP 074. Withdrawal of counsel. Amend. Establishes the procedures for withdrawing from a limited appearance.
URCP 075. Limited appearance. New. Establishes the procedures for entering a limited appearance when a client, under the rules permitting unbundling legal services, hires an attorney for a limited purpose.
Supreme Court Order
Rules of Civil, Criminal, Appellate and Juvenile Procedure. Rules of Professional Conduct. Code of Judicial Conduct. Code of Judicial Administration.
Recodification Tracking Table. Table summarizing the repeal of provisions from the Code of Judicial Administration and the treatment of those provisions within the Rules of Civil, Criminal, Appellate and Juvenile Procedure.
URCP 5. Service and filing of pleadings and other papers. Technical changes approved by the Supreme Court but omitted from Utah Court Rules Annotated.