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Rule40. Attorney's or party's signature; representations to the court; sanctionsand discipline.

(a)Attorney's or party's signature. Every motion, brief, and other document must besigned by at least one attorney of record who is an active member in goodstanding of the Bar of this state or by a party who is self‑represented. ?A person may sign a document using any form ofsignature recognized by law as binding.

(b)Representations to court. The signature of an attorney or selfrepresented party certifies thatto the best of the person?s knowledge formed after an inquiry reasonable underthe circumstances:

(b)(1)the filing is not being presented for any improper purpose, such as to harassor to cause unnecessary delay or needless increase in the cost of litigation;

(b)(2)the legal contentions are warranted by existing law or by a nonfrivolousargument for the extension, modification, or reversal of existing law or theestablishment of new law;

(b)(3)the factual contentions are supported by the record on appeal; and

(b)(4)(A)the filing contains no information or records classified as private, controlled,protected, safeguarded, sealed, juvenile court legal, or juvenile court social orany other information or recordsto which the right of public access is restricted by statute, rule, order, orcase law; or

(b)(4)(B) a filing required byRule 21(g) that does not contain information or records classified as private,controlled, protected, safeguarded, sealed, juvenile court legal, or juvenilecourt social or any other information or records to which the rightof public access is restricted by statute, rule, order, or case law is beingfiled simultaneously.

(c)Sanctions and discipline of attorneys and parties. The court may, afterreasonable notice and an opportunity to show cause to the contrary, and uponhearing, if requested, take appropriate action against any attorney or personwho practices before it for inadequate representation of a client, conductunbecoming 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 tosuspend or disbar a member of the Utah State Bar shall be referred to theOffice of Professional Conduct of the Utah State Bar.

(d)Rule does not affect contempt power. This rule does not limit or impair the court'sinherent and statutory contempt powers.

(e)Appearance of counsel pro hac vice. An attorney who is licensed to practicebefore the bar of another state or a foreign country but who is not a member ofthe Bar of this state, may appear, pro hac vice upon motion, filed pursuant toRule 14-806 of the Rules Governing the Utah State Bar. A separate motion is notrequired in the appellate court if the attorney has previously been admittedpro hac vice in the trial court or agency, but the attorney shall file in theappellate court a notice of appearance pro hac vice to that effect.

Advisory Committee Notes

Records are classified as public, private,controlled, protected, safeguarded, sealed, juvenile court legal, or juvenilecourt social by Code of Judicial Administration Rule 4‑202.02. The rightof public access might also be restricted by Title 63G, Chapter 2, GovernmentRecords Access and Management Act, by other statutes, rules, or case law, or bycourt order. If a filing contains information or records that are not public,Rule 21(g) requires the filer to file an unredacted version for the court and aversion for the public that does not contain the confidential information.

 

Effective May 1, 2016