Category: -Rules of Civil Procedure

Rules of Civil Procedure

URCP 016. Pretrial conferences, scheduling, and management conferences. Amend. Coordinates sanction provisions with those in Rule 35 and Rule 37. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 023A. Derivative actions by shareholders. Renumber and amend. Renumbers the rule to conform to Supreme Court protocol. Amends the rule to more clearly delineate the content of the petition. Proposed effective date: November 1, 2007.
URCP 026. General provisions governing discovery. Amend. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 033. Interrogatories to parties. Amend. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 034. Production of documents and things and entry upon land for inspection and other purposes. Amend. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 035. Physical and mental examination of persons. Amend. Coordinates sanction provisions with those in Rule 16 and Rule 37. Proposed effective date: November 1, 2007.
URCP 037. Failure to make or cooperate in discovery; sanctions. Amend. Creates sanctions for spoliation of evidence. Coordinates sanction provisions with those in Rule 16 and Rule 35. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 045. Subpoena. Amend. Require person scheduling deposition to give advance notice before serving subpoena. Permit person serving subpoena rather than recipient to decide whether records should be copied and delivered or delivered for inspection and copying. Requires advance payment of costs upon request. Clarifies the grounds and procedures for objecting to a subpoena. Requires declaration under penalty of perjury to accompany documents produced under a subpoena. Adopt the federal provisions governing discovery of electronically stored information. Delete committee note. Proposed effective date: November 1, 2007.
URCP Form 40. Subpoena. Repeal & Reenact. Subpoena, Notice of Rights, Objection. Proposed effective date: November 1, 2007.
URCP 101. Motion practice before court commissioners. Amend. Permit motion for default judgment to be heard by the court commissioner. Technical amendments. Proposed effective date: November 1, 2007.
URCP 106. Modification of divorce decrees. Amend. Expand to include modification of any final domestic relations order. Proposed effective date: November 1, 2007.

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Rules of Civil Procedure

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.

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Rules of Civil Procedure

URCP 045. Subpoena. Amend. Require person scheduling deposition to give advance notice before serving subpoena. Permit person serving subpoena rather than recipient to decide whether records should be copied and delivered or delivered for inspection and copying. Requires advance payment of costs upon request. Clarifies the grounds and procedures for objecting to a subpoena. Requires declaration under penalty of perjury to accompany documents produced under a subpoena. Delete committee note.
URCP Form 40. Subpoena. Repeal & Reenact. Subpoena, Notice of Rights, Objection, Declaration of compliance.
URCP 063. Disability or disqualification of a judge. Amend. Clarify that judge is to take no action in a case after a motion to recuse has been filed.
URCP 074. Withdrawal of counsel. Amend. Requires judicial consent for withdrawal if a hearing has been set.

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Rules of Civil Procedure

URCP 004. Process. Amend. In conjunction with repealing Rule 71B, permit case to proceed against parties who are served.
URCP 006. Time Amend. Permit 3 additional days in which to respond if notice is served by mail, fax, or electronic service.
URCP 062. Stay of proceedings to enforce a judgment. Amend. Establishes an automatic 10-day stay on enforcing a judgment.
URCP 064C. Writ of attachment. Amend. Permits a writ of attachment when the writ is authorized by statute.
URCP 068. Offer of judgment. Amend. Changes name of rule to “Settlement offers.” Makes results of failure to improve bi-directional.
URCP 071A. Process in behalf of and against persons not parties. Renumber and Amend. In conjunction with repealing Rule 71B, renumber Rule 71A as Rule 71. Gender neutral text.
URCP 071B. Proceedings where parties not summoned. Repeal. Rule is contrary to due process.

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Utah Rules of Civil Procedure

URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner’s order. Amend. Prohibits orders embedded in other documents unless permitted by the court.
URCP 047. Jurors. Amend. Clarifies situations in which multiple parties share peremptory challenges.
URCP 101. Motion practice before court commissioners. New. Establishes procedures for motions to a court commissioner.
URCP 106. Modification of divorce decrees. Amend. Describes conditions in which the court may enter a temporary order in an action to modify a divorce decree.

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Utah Rules of Civil Procedure

URCP 009. Pleading special matters. Amend. Describes method for identifying persons to whom a defendant wants to assess fault under Utah Code Section 78-27-41. May 2, 2005 Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
URCP 026. General provisions governing discovery. Amend. Discovery plan should include deadline for identifying non-parties to whom fault will be allocated. May 2, 2005 Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.

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Utah Rules of Civil Procedure

URCP 062. Stay of proceedings to enforce a judgment. Amend. Establishes guidelines for determining the amount of a supersedeas bond. Establishes a maximum supersedeas bond. Effective February 4, 2005. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.

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Utah Rules of Civil Procedure

URCP 051. Instructions to jury; objections. Amend. Permits the judge discretion to repeat earlier instructions as necessary.
URCP 073. Attorney fees. Amend. Requires a statement that attorney will not split fees in violation of Code of Professional Responsibility.

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Rules of Civil Procedure

URCP 62. Stay of proceedings to enforce a judgment. Amend. Strikes from the rule the amendments made by HJR 16. Effective May 12, 2004 under Rule 11-101(6)(F). Subject to further change after comment period.

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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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