Category: -Rules of Civil Procedure

Rules of Civil Procedure

URCP 004. Process. Amend. Deletes the requirement that a summons published in a newspaper must be in an English language newspaper.
URCP 065C. Post-conviction relief. Amend. Adds appointment of pro bono counsel in accordance with Sections 78B-9-109 and -202.

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Rules of Civil Procedure

NOTICE FROM UTAH SUPREME COURT ADVISORY COMMITTEE
The Civil Rules Committee has been working on extensive amendments to the rules, and particularly the discovery rules, in an effort to reduce the cost and delay of civil litigation. The draft rules were informally published in June 2010, and members of the committee met with lawyers and judges throughout the state to explain the rules and seek comments and suggestions. The informal comment period ended in December 2010.
Since then, the committee has reviewed and discussed all comments, and the draft rules were revised in response to some of them. The most significant changes were to specify “tiers” of standard discovery based on the amount at issue in the litigation and to provide parties with the choice of receiving a report from an opposing expert, or taking a 4-hour deposition of the opposing expert.
The draft rules are now being officially published, and comments will be accepted during the 45-day comment period. The committee will consider all comments received, make further changes to the rules if warranted, and then send its recommendations to the Supreme Court.
The comment deadline is June 21.
URCP 001. General provisions. w/o redline w/redline
URCP 008. General rules of pleadings. w/o redline w/redline
URCP 009. Pleading special matters. w/o redline w/redline
URCP 016. Pretrial conferences. w/o redline w/redline
URCP 026. General provisions governing disclosure and discovery. w/o redline w/redline
URCP 026A. Disclosure in domestic relations actions. w/o redline w/redline
URCP 029. Stipulations regarding disclosure and discovery procedure. w/o redline w/redline
URCP 030. Depositions. w/o redline w/redline
URCP 031. Depositions upon written questions. w/o redline w/redline
URCP 033. Interrogatories to parties. w/o redline w/redline
URCP 034. Production of documents and things and entry upon land for inspection and other purposes. w/o redline w/redline
URCP 035. Physical and mental examination of persons. w/o redline w/redline
URCP 036. Request for admission. w/o redline w/redline
URCP 037. Failure to make or cooperate in disclosure or discovery; sanctions. w/o redline w/redline

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Rules of Civil Procedure

URCP 064D Writ of garnishment. Amend. Requires the creditor to meet and confer with the garnishee before attempting to impose liability on the garnishee.
URCP 101. Motion practice before court commissioners. Amend. Deletes a paragraph that is incorporated into new Rule 108.
URCP 108. Objection to court commissioner’s recommendation. New. Establishes a procedure for objecting to a court commissioner’s recommendations. Establishes standards of review.

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Rules of Civil Procedure

URCP 058A. Entry of judgment; abstract of judgment. Amend. Resolves an inconsistency within the rule and directs that a judgment by confession will be signed by the clerk.

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Rules of Civil Procedure

URCP 058B. Satisfaction of judgment. Amend. Simplify and clarify the process for entering a satisfaction of judgment. Provide the judgment debtor with a process to raise the issue.
URCP 064D. Writ of garnishment. Amend. Eliminate the requirement that the garnishee file answers to interrogatories with the court. Establishes deadline for hearing on objection to a writ.
URCP 064E. Writ of execution. Amend. Establishes deadline for hearing on objection to a writ.

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Code of Judicial Administration

CJA 03-0404. Public information program. Amend. Clarifies the purpose of the public information program.
CJA 04-0202.08 Fees for records, information, and services. Amend. Adjusts the fees for Xchange to include downloading documents. Adds a per-use fee for those who do not subscribe.
CJA 04-0701. Failure to appear. Amend. Clarify that the bail increase applies to each case rather than to each charge in the case.

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Audio Records of Hearings; Transcripts

The Judicial Council proposes the following amendments to the Code of Judicial Administration as part of its responsibility under Section 78A-2-405 to govern the manner in which the courts maintain the verbatim record of hearings. The Supreme Court proposes the following amendments to the Rules of Civil and Appellate Procedure governing the preparation of transcripts.
CJA 04-201. Record of proceedings. Amend. Eliminate requirements and standards for recording a court hearing by an official court reporter. Rely exclusively on audio video records.
CJA 03-305. Official court transcribers. Renumber and amend. Eliminate provisions for assignment of transcript preparation. Renumber as 5-202.
CJA 03-304. Official court reporters. Renumber and amend. Eliminate provisions regulating the office of official court reporter. Retain transcript format. Renumber as 5-203.
CJA 03-304.01. Substitute certified shorthand reporters. Repeal. Eliminate provisions for a substitute shorthand reporter.
URAP 11. The record on appeal. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court executive.
URAP 12. Transmission of the record. Amend. Shifts responsibilities from the official court reporter to a court transcriber.
URAP 54. Transcript of proceedings. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court clerk.
URCP 052. Findings by the court; correction of the record. Amend. Establishes a procedure for correcting the record of a hearing.

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