Category: URCP004

Rules of Civil Procedure – Effective May 8, 2018

URCP004. Process. Amend.Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.

URCP011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.

URCP055. Default. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5) expedited rulemaking.

URCP063. Disability or disqualification of a judge. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5).

Supreme Court Order

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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

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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Rules of Civil Procedure

URCP 004. Process. Amend. In conjunction with repealing Rule 71B, permit case to proceed against parties who are served.
URCP 6. The original notice of amendments included changes to Rule 6. Those amendments should have awaited the balance of the electronic filing rules and have been withdrawn.
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. Changes name of rule to “Settlement offers.” 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 071. 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. Repeal as contrary to due process.
Supreme Court Order.

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Rules of Civil Procedure

URCP 4. Process. Dispense with requirement that order allowing service by publication be published.
URCP 6. Time. Technical changes to conform with Rule 7.
URCP 7. Pleadings allowed, motions, memoranda, hearings, orders, objection to commissioner?s order. Removes motions to court commissioners from the scope of the rule. Establishes the maximum length of memoranda at 10 pages without leave of the court.
URCP 24. Intervention. Provides for notice to the attorney general, county attorney or municipal attorney when claiming that a statute or ordinance is unconstitutional.
URCP 62. Stay of proceedings to enforce a judgment. Clarify finality rule. This version does NOT contain the legislative amendments of HJR 16. See entry for 2004-03-02.
URCP 64D. Garnishment. Conform to statutory changes assigning collection responsibility to the Department of Workforce services.
URCP 68. Offer of judgment. Repeal and reenact. Limit liability of offeror for costs and attorney fees incurred by offeree after an offer. Establishes offeree?s responsibility for offeror?s costs.
URCP 74. Withdrawal of counsel. Replaces 4-506. Modifies content of notice/request to withdraw.
URCP 101. Domestic pretrial conferences and orders. Repeal.
URCP 106. Modification of divorce decrees. Replaces CJA 6-404. Requires petition, served as an initial complaint, to initiate action to modify divorce decree.

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