Category: -Rules of Civil Procedure

Rules of Civil Procedure – Effective November 1, 2021

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, allow the adoption of a uniform approach to ICWA in both juvenile and district court.

URCP062. Stay of proceedings to enforce a judgment or order. AMEND. Among other amendments intended to streamline and improve Rule 62’s efficacy, the amendments extend the time for an 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.

Supreme Court Order

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Rules of Civil Procedure – Effective November 1, 2021 and May 1, 2022

DISCLOSURE AND DISCOVERY AMENDMENTS

URCP026.  General provisions governing disclosure and discovery. Amend. The amendments to Rule 26 extend several discovery timelines and clarify multiple provisions. The amendments also include the language that was proposed in SJR004 (2021), which addressed a party’s duty to pay an expert witness’s hourly fee for attendance at a deposition.

FAMILY LAW AMENDMENTS
As a whole, the family law amendments below are intended to

URCP010. Form of pleadings and other papers. Amend. Effective May 1, 2022. 

URCP012.  Defenses and objections. Amend.

URCP026. General provisions governing disclosure and discovery. Amend.

URCP026.01. Disclosure and discovery in domestic relations actions. Amend.

URCP100A.  Case Management of Domestic Relations Actions. NEW.

URCP104. Divorce decree upon affidavit. Amend.

URCP106.  Modification of final domestic relations order. Amend.

Supreme Court Order for rules 12, 26, 26.1, 100A, 104, and 106

Supreme Court Order for Rule 10

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Rules of Civil Procedure – Effective May 1, 2021

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 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 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 provide appropriate safeguards for the use of remote hearings and bring evidentiary hearings into the rule’s purview. The amendments also adopt an oath to be used for all witness testimony.

URCP045. Subpoena. AMEND. The proposed amendments to Rule 45 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.

Supreme Court Order

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Rules of Civil Procedure – Effective May 1, 2021

The Notice Amendments below reference required new forms. The forms may be found at the bottom of the Utah Rules of Civil Procedure webpage, as follows:

Judicial Council Approved Bilingual Notices to Responding Party
  • 7101GE Bilingual Notice to Responding Party for Motions – PDF | Word
  • 7015GE Bilingual Notice to Responding Party for In-State Summons – PDF | Word
  • 7016GE Bilingual Notice to Responding Party for Out-of-State Summons – PDF | Word
  • 7017GE Bilingual Notice to Responding Party for Ten Day Summons – PDF | Word
  • 7027GE Bilingual Notice to Responding Party for Summons for Publication – PDF | Word
  • 7105EV Bilingual Notice to Responding Party for Eviction Summons – PDF | Word

The Notice Amendments also now require caution language on some documents. Sample forms containing caution language are below:

SAMPLE FORMS

Notice Amendments

As a whole, the amendments to Rules 4, 7, 8, 36, and 101 require more notice to parties of their rights and obligations.

URCP004. Process. AMEND. The notice amendments to Rule 4(c)(1) require that the Judicial Council-approved bilingual notice of rights be included with the summons.

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The notice amendments to Rule 7(c) require caution language on the first page of all dispositive motions. It also requires the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.

URCP008. General rules of pleadings. AMEND. The notice amendments to Rule 8(a) require caution language on the first page of all pleadings requesting relief and provide consequences for failing to do so.

URCP036. Request for admission. AMEND. The notice amendments to Rule 36(b) require caution language on the first page of all requests for admission and provides consequences for failing to do so.

URCP101. Motion practice before court commissioners. AMEND. The notice amendments to Rule 101(a) require caution language on the first page of all motions to court commissioners. It also requires the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.

Service of Process Amendments

URCP004. Process. AMEND. The service of process amendments to Rule 4 address service on minors in paragraph (d)(1)(B) and outline the requirements for electronic acceptance of service in paragraph (d)(3)(B).

Supplemental Proceedings Amendments

URCP007A. Motion to enforce order and for sanctions. NEW

URCP007B. Motion to enforce order and for sanctions in domestic law matters. NEW

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND.  

Rules 7A and 7B create a new, uniform process for enforcing court orders through regular motion practice. They replace the current order to show cause process found in Rule 7(q) and in local court rules. Rule 7B addresses the domestic law order to show cause process.

Supreme Court Order

 

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Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Appellate Procedure, and Rules of Professional Conduct – Effective May 1, 2021

Rules of Civil Procedure

URCP083. AMEND. The proposed amendments would bring represented parties into the rule’s purview. They would also permit any court to rely on another court’s vexatious litigant findings and order their own restrictions. Paragraph (e)(1) was updated to fix a grammatical error.  

Rules Governing Constitutional Challenges

The following amendments to Civil Rule 24,Criminal Rule 12, and Appellate Rule 25A  are intended to better coordinate the provisions addressing constitutional challenges. The amendments do the following:

  • Address service on the Attorney General and other governmental entities;
  • Broaden the kinds of challenges that may arise;
  • Clarify that it is the governmental entity that responds, not the county or municipal attorney (which can be a contracted position in certain jurisdictions);
  • Eliminate outdated language in Civil Rule 24 in favor of the updated federal language;
  • Clarify in each rule the process and timing for the Attorney General or other governmental entity to respond to a constitutional challenge; and
  • Eliminate the requirement in Appellate Rule 25A that the Attorney General state the reasons for declining to file an amicus brief.

URCP024 – Redline and URCP024 – Clean

URCrP012 – Redline

URAP025A – Redline

Rules of Professional Conduct

RPC05.04. Professional Independence of a Lawyer. AMEND. Adds a clarifying comment to the rule.

Supreme Court Order for Civil Rules 83 and 24

Supreme Court Order for Criminal Rule 12

Supreme Court Order for Appellate Rule 25A

Supreme Court Order for Rules of Professional Conduct Rule 5.4

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Rules of Civil Procedure – Effective January 1, 2021

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

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Rules of Civil Procedure – New Effective Date of November 1, 2019

The Utah Supreme Court has adopted a new effective date of November 1, 2019 for the following rule. The rule was formerly effective May 1, 2019. The November date will accommodate programming changes necessary to effectuate the rule’s purposes.

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

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Rules of Civil Procedure – Effective May 1, 2019

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

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