Category: URCP005

Rules of Civil Procedure – Comment Period Closed August 5, 2021

URCP005. Service and filing of pleadings and other papers. Amend. The proposed amendments provide that no certificate of service is required when a paper is served by filing it with the court’s electronic-filing system under paragraph (b)(3)(A).

URCP024. Intervention. Amend. Under the Indian Child Welfare Act (ICWA), an Indian Tribe is permitted to intervene in a child custody proceeding involving an Indian child. These cases arise in both district and juvenile court. Amendments to Rule 24, which track those already adopted in Juvenile Rule 50, will allow a uniform approach to ICWA to be adopted in both juvenile and district court.

Rule 62. Stay of proceedings to enforce a judgment or order. Amend. Among other amendments intended to streamline and improve Rule 62’s efficacy, the proposed amendments extend the time for the automatic stay from 14 days to 28 days and provide that a party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security.

URCP062. Redline

URCP062. Clean

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Rules of Civil Procedure – Comment period closed February 11, 2021

URCP005. Service and filing of pleadings and other papers. AMEND. The proposed amendments to Rule 5(b)(3) would make email service the default method.

URCP006. Time. AMEND. The proposed amendments to Rule 6(c) acknowledge the timing issues surrounding mail service by expanding the amount of time to act from 3 days to 7.

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The proposed amendments to Rule 7 would provide that motion hearings may be held remotely, consistent with the safeguards in Rule 43(b).

URCP037. Statement of discovery issues; Sanctions; Failure to admit, to attend deposition or to preserve evidence. AMEND. The proposed amendments to Rule 37 would provide that hearings on discovery issues be conducted remotely, consistent with the Rule 43(b) safeguards.

URCP043. Evidence. AMEND. Replaces repealed Code of Judicial Administration Rule 4-106. The proposed amendments would provide appropriate safeguards for the use of remote hearings and bring evidentiary hearings into the rule’s purview. The amendments would also adopt an oath to be used for all witness testimony.

URCP045. Subpoena. AMEND. The proposed amendments to Rule 45 would provide that if an appearance is required in response to a subpoena, the subpoena must provide notice of the date, time, and place for the appearance and, if remote transmission is requested, instructions for participation and who to contact if there are technical difficulties.

URCP076. Notice of contact information change. AMEND. The proposed amendments to Rule 76 would coordinate with the Rule 5 amendments by clarifying the purposes for which updated contact information is provided to the court.

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Rules of Civil Procedure – Comment Period Closed July 19, 2018

URCP0005. 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.

URCP0109. Automatic injunction in certain domestic relations cases. New. Provides that in certain domestic relations cases, an automatic 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.

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Rules of Civil Procedure – Comment Period Closed June 4, 2017

URCP005. Service and filing of pleadings and other papers. Amend.  Provides that certificates of service are not required for papers that are prepared and served by the court. Also 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.

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Rules of Civil Procedure – Comment Period Closed February 17, 2017

URCP005 Service and filing of pleadings and other papers. Amend. Adopts the prisoner mailbox rule, which provides that pleadings and papers filed 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.

URCP045 Subpoena. Amend. In conformity with Rule 84’s repeal, makes a technical amendment to paragraph (A)(1)(E).

URCP084 Forms. Repeal. Since the task of creating and updating court forms will now reside with the newly formed Judicial Council Standing Committee on Forms under UCJA Rules 1-205 and 3-117, the Supreme Court’s Advisory Committee on the Rules of Civil Procedure will no longer create forms.

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Rules of Civil Procedure

URCP 005. Service and filing of pleadings and other papers. Amend. Eliminates service by fax. Eliminates the requirement that a party must agree to service by email. Describes how to file an affidavit or declaration, given the requirements of e-filing. Makes numerous amendments intended to simplify the text.
URCP 030. Depositions upon oral questions. Amend. Deletes an incorrect reference to appellate transcripts of court hearings as the method for preparing a transcript of a deposition.
URCP 037. Discovery and disclosure motions; Sanctions. Amend. Replaces traditional discovery motions with the process of expedited statements of discovery issues currently found in Code of Judicial Administration Rule 4-502. If approved, the procedural provisions of Rule 4-502 will be deleted. Allows costs and attorney’s fees to be included as part of a statement of discovery issues, but requires a motion for sanctions.

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Rules of Civil Procedure

URCP 001. General provisions. Amend. Removes electronic filing from the pilot project phase.
URCP 005. Service and filing of pleadings and other papers. Amend. Recognizes electronic service, as well as traditional methods. Permits the judge to require electronic filing.
URCP 010. Form of pleadings and other papers. Amend. Prohibits redundant, immaterial, impertinent or scandalous matter. Makes upper-left corner of document uniform for represented and self-represented parties. Permits but does not require a graphic signature if a document is electronically filed. Includes electronic records within the scope of the rules.
URCP 011. Signing of pleadings, motions, and other papers; representations to court; sanctions. Amend. Permits a self-authenticated statement instead of an affidavit in accordance with Section 46-5-101. Recognizes electronic signatures.
URCP 064D. Writ of garnishment. Amend. To accommodate electronic filing, the amendment allows the creditor to pledge to serve the garnishee’s fee rather than attach it to the filing.

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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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