Category: -Rules of Civil Procedure

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 – Comment Period Closed December 31, 2016

URCP035 Physical and mental examination of persons. Amend. The 2016 amendments to Rule 35 clarify when there is overlap between a Rule 26(a)(4) expert report and when there is not. It also provides for the shorter of a 60-day time frame or 7 days prior to the close of fact discovery in which the party requesting the Rule 35 examination must disclose the report to the person being examined. This is the second request for comment.

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Rules of Civil Procedure – Comment Period Closed December 4, 2016

URCP007 Pleadings allowed; motions, memoranda, hearings, orders. Amend. Returns pre-2015 paragraph (b)(2) language addressing limits on orders to show cause to new paragraph (q).

URCP065C Post-conviction relief. Amend. Expressly makes all records in the criminal case under review, including the records in an appeal of that conviction, part of the trial court record in the petition for post-conviction relief.

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Rules of Civil Procedure – Comment Period Closed October 13, 2016

Rule 034 Production of documents and things and entry upon land for inspection and other purposes. Amend. The 2016 amendments to Rule 34(b)(2) adopt 1) the specificity requirement in the 2015 amendments to Federal Rule of Civil Procedure 34(b)(2)(B), 2) a portion of Federal Rule 34(b)(2)(C) dealing with the basis for an objection to production, and 3) some clarifying language from the federal note.

Rule 035 Physical and mental examination of persons. Amend. The 2016 amendments to Rule 35 clarify when there is overlap between a Rule 26(a)(4) expert report and when there is not. It also provides a 28-day time frame in which the party requesting the Rule 35 examination must disclose the report to the person being examined.

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Rules of Civil Procedure – Comment Period Closed May 20, 2016

Rule 004 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.

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Rules of Civil Procedure

URCP 013. 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.
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.
URCP 026.03. Disclosure in unlawful detainer actions. New. Regulates disclosures in an action for eviction or damages arising out an unlawful detainer by a residential tenant.

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Rules of Civil Procedure

URCP 009. 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.
URCP 026.01. Disclosure and discovery in domestic relations actions. Amend. Amends the disclosure deadlines to conform to Rule 26.
URCP 026.02. Disclosures in personal injury actions. Amend. Corrects a reference to amended Rule 9.
URCP 041. 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.
URCP 054. Judgment; costs. Amend. Establishes a process to add attorney fees and costs to a judgment.
URCP 058A. 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.
URCP 058C. 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.
URCP 073. Attorney fees. Amend. Modifies the process for claiming attorney fees. Adopts many features of FRCP 54(d).

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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.

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Rules of Civil Procedure

URCP 006. Time. Amend. Corrects references to amended rules 50 and 60.
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 Federal Rule of Civil Procedure 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. Amend. Adopts many of the provisions of Federal Rule of Civil Procedure 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 filings.
URCP 059. New trial; altering or amending a judgment. Amend. Adopts many of the provisions of Federal Rule of Civl Procedure 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 or could not have known at the time of the earlier motion. Requires a request to submit for decision with the motion. Expressly prohibits a response from another party.

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Rules of Civil Procedure

URCP 008. General rules of pleadings. Amend. Changes the phrase “contributory negligence” to “comparative fault,” in keeping with Utah Code sections 78B-5-817 through 78B-5-823.

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