Category: -Rules of Civil Procedure

Rules of Civil Procedure – Effective November 1, 2016

URCP004. Process. Amend. The proposed amendment eliminates the authority to serve a defendant any time before trial, see St. Jeor v. Kerr Corporation, 2015 UT 49, ¶2. It also allows for and describes acceptance of the summons and complaint, which replaces the section on waiver of service, and it requires proof of service to include a copy of the summons.

URCP015. Amended and supplemental pleadings. Amend. Adopts the federal rule governing relation-back of an amended pleading when the amended pleading adds a new party. See Wright v. P.K. Transport, 2014 UT App 93. ¶¶ 18-22, Voros concurring. Requires that the proposed amended pleading be attached to the motion for permission to file an amended pleading. Adopts many of the grammar and style amendments of the federal rule.

Supreme Court Order

 

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Rules of Civil Procedure – Effective November 1, 2016

URCP009 Pleading special matters. Amend. Removes the paragraph regarding a petition to renew a judgment. The process to renew a judgment is governed by proposed Rule 58C and the Judgment Renewal Act. Adopts much of the style and grammar of the federal rule.
URCP013 Counterclaim and cross-claim. Amend. Deletes paragraphs (e), (i) and (j). Amending a pleading to add a counterclaim, regardless of the reason it was omitted, is properly governed by Rule 15. Adopts many of the grammar and style amendments of the federal rule.
URCP026.01 Disclosure and discovery in domestic relations actions. Amend. Amends the disclosure deadlines to conform to Rule 26.
URCP026.03 Disclosure in unlawful detainer actions. New. Regulates disclosures in an action for eviction or damages arising out an unlawful detainer by a residential tenant.
URCP041 Dismissal of actions. Amend. Removes the provision for ruling against a plaintiff for failure to prove a right to relief, a similar but broader provision having been added to Rule 52, as in the federal rules. Adopts much of the style and grammar of the federal rule.
URCP058C Motion to renew judgment. New. In conjunction with the Judgment Renewal Act and the amendment to Rule 9, describes the process for renewing a judgment.

Supreme Court Order

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Rules of Civil Procedure – Effective November 1, 2016

URCP054 Judgment; costs. Amend. Establishes a process to add attorney fees and costs to a judgment.

URCP054 Advisory Committee Notes

URCP058A Entry of judgment; abstract of judgment. Amend. In conjunction with amendments to rule 4 of the Utah Rules of Appellate Procedure, establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under rules 50, 52, and 59 of the Rules of Civil Procedure, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.

URCP058A Advisory Committee Note

URCP073 Attorney fees. Amend. Modifies the process for claiming attorney fees. Adopts many features of FRCP 54(d).

Supreme Court Order

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Rules of Civil Procedure – Effective May 1, 2016

URCP 006. Time. Amend. Corrects references to amended rules 50 and 60.

Revision to URCP 006.

URCP 008. General rules of pleadings. Amend. Changes the phrase “contributory negligence” to “comparative fault,” in keeping with Utah Code sections 78B-5-817.

URCP 011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Recognizes the requirements of Rule 5(f) for a notarized, verified or acknowledged signature.

URCP 050. Judgment as a matter of law in a jury trial; related motion for a new trial; conditional ruling. Amend. Adopts many of the provisions of FRCP 50. Changes the name from “directed verdict” to “judgment as a matter of law.” Eliminates the requirement that the motion be renewed at the close of all evidence. Extends to 28 days after the judgment the time in which to renew the motion for judgment as a matter of law. Describes the effect of trial court rulings reversed on appeal.

URCP 052. Findings and conclusions by the court; amended findings; waiver of findings and conclusions; correction of the record; judgment on partial findings. Adopts many of the provisions of FRCP 52. Provides for judgment on partial findings, which will replace an equivalent provision in Rule 41(b). Extends to 28 days after the judgment the time in which to file a motion to amend or make additional findings.

URCP 055. Default. Amend. Requires the plaintiff to provide a verified complaint or affidavit setting forth the necessary facts to establish the amount of the claim, after deducting credits, and verifies that the amount is warranted by information in the plaintiff’s possession.

URCP 059. New trial; amendments of judgment. Amend. Adopts many of the provisions of FRCP 59. Extends to 28 days after the judgment the time in which to file a motion for new trial or a motion to amend or alter the judgment. Allows the court to grant, after notice and an opportunity to be heard, a motion for a new trial for a reason not stated in the motion.

URCP 060  Relief from judgment or order. Amend. Style changes intended to simplify and clarify the rule.

URCP 063. Disability or disqualification of a judge. Amend. Allows a second or subsequent motion to disqualify a judge if the motion is based on grounds that the party did not know of and could not have known of at the time of the earlier motion. Requires a request to submit for decision with the motion. Expressly prohibits a response from another party.

Supreme Court Order.

Revised Supreme Court Order

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Rules of Civil Procedure

URCP 055. Default. Amend. Requires that the plaintiff provide a verfiied complaint or affidavit setting forth necessary facts to establish the amount of the claim, after deducting credits, and verifies that the amount is warranted by information in the plaintiff’s possession. Effective July 8, 2015 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
Supreme Court Order.

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Rules of Civil Procedure

URCP 062. Stay of proceedings to enforce a judgment. Amend. Removes the special bond requirements for municipalities with an adverse judgment of $5,000,000 or more. See HJR 20.

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Rules of Civil Procedure

URCP 026. General provisions governing disclosure and discovery. Amend. Refers the person requesting extraordinary discovery to rule 37.
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.
URCP 045. Subpoena. Amend. Refers the person objecting to a subpoena or requesting an order to compel to rule 37. Requires that a third-party subpoena be served on the other parties.
Supreme Court Order.

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Rules of Civil Procedure

URCP 004. Process. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 006. Time. Repeal and reenact. Conforms the computation of time to the approach of the Federal Rules of Civil Procedure.
URCP 007. Pleadings allowed; motions, memoranda, hearings, orders. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 010. Form of pleadings and other papers. Amend. Prohibits a graphic or “wet” signature on an electronically filed document.
URCP 012. Defenses and objections. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 014. Third-party practice. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 015. Amended and supplemental pleadings. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 017. Parties plaintiff and defendant. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 027. Depositions before action or pending appeal. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 038. Jury trial by right. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 050. Motion for a directed verdict and for judgment notwithstanding the verdict. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 052. Findings by the court; correction of the record. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 053. Masters. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 054. Judgments; costs. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 056. Summary judgment. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 058B. Satisfaction of judgment. Amend. Requires the creditor to file a satisfaction of judgment within 28 days after the judgment has been paid.
URCP 059. New trials; amendments of judgment. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 060. Relief from judgment or order. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 062. Stay of proceedings to enforce a judgment. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 063. Disability or disqualification of a judge. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 064. Writs in general. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 064A. Prejudgment writs in general. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 064D. Writ of garnishment. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 064E. Writ of execution. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 065A. Injunctions. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 065C. Post-conviction relief. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 066. Receivers. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 068. Settlement offers. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 069C. Redemption of real property after sale. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 074. Withdrawal of counsel. Amend. Permits an attorney making a limited appearance to withdraw by announcing the withdrawal in court, if permitted by the judge. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
URCP 075. Limited Appearance. Amend. Permits an attorney making a limited appearance to announce the appearance in court, if permitted by the judge.
URCP 101. Motion practice before court commissioners. Amend. Modifies deadlines of 30 days or less to a uniform 7/14/21/28 days.
Supreme Court Order.

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