Category: -Rules of Civil Procedure

Rules of Civil Procedure

URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner’s order. Amend. Move process for objecting to a commissioner’s recommendation from Rule 7 to Rule 101.
URCP 101. Motion practice before court commissioners. Amend. Move process for objecting to a commissioner’s recommendation from Rule 7 to Rule 101.

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Rules of Civil Procedure

URCP 006. Time. Repeal and reenact. Conforms the computation of time to the days-are-days approach of the Federal Rules of Civil Procedure. Deadlines of less than 30 days in several rules will be extended to a uniform 7/14/21 days. The list of deadlines proposed to be amended is attached. If Rule 6 is approved, those rules will be amended to change the deadlines as indicated, but the rules will not be published for comment. Deadlines not listed are not proposed to be amended.
List of Deadline Changes in Conjunction with New Rule 6.

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Rules of Civil Procedure

URCP 001. General provisions. Amend. Removes electronic filing from the pilot project phase.
URCP 005. Service and filing of pleadings and other papers. Amend. Recognizes electronic service, as well as traditional methods. Permits the judge to require electronic filing.
URCP 010. Form of pleadings and other papers. Amend. Prohibits redundant, immaterial, impertinent or scandalous matter. Makes upper-left corner of document uniform for represented and self-represented parties. Permits but does not require a graphic signature if a document is electronically filed. Includes electronic records within the scope of the rules.
URCP 011. Signing of pleadings, motions, and other papers; representations to court; sanctions. Amend. Permits a self-authenticated statement instead of an affidavit in accordance with Section 46-5-101. Recognizes electronic signatures.
URCP 064D. Writ of garnishment. Amend. To accommodate electronic filing, the amendment allows the creditor to pledge to serve the garnishee’s fee rather than attach it to the filing.

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Rules of Civil Procedure

URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner’s order. Amend. Requires motion for the relief sought rather than motion for an order to show cause except to enforce an existing court order.
URCP 040. Scheduling and postponing a trial. Amend and Rename. Deletes obsolete requirement for a local rule to govern trial settings. Simplify text.
URCP 041. Dismissal of actions. Amend. Deletes obsolete reference to Rule 66.
URCP 101. Motion practice before court commissioners. Amend. Requires motion for the relief sought rather than motion for an order to show cause except to enforce an existing court order.

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Rules of Civil Procedure

URCP 016. Pretrial conferences, scheduling, and management conferences. Amend. Coordinates sanction provisions with those in Rule 35 and Rule 37. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 023A. Derivative actions by shareholders. Renumber and amend. Renumbers the rule to conform to Supreme Court protocol. Amends the rule to more clearly delineate the content of the petition. Proposed effective date: November 1, 2007.
URCP 026. General provisions governing discovery. Amend. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 033. Interrogatories to parties. Amend. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 034. Production of documents and things and entry upon land for inspection and other purposes. Amend. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 035. Physical and mental examination of persons. Amend. Coordinates sanction provisions with those in Rule 16 and Rule 37. Proposed effective date: November 1, 2007.
URCP 037. Failure to make or cooperate in discovery; sanctions. Amend. Creates sanctions for spoliation of evidence. Coordinates sanction provisions with those in Rule 16 and Rule 35. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 045. Subpoena. Amend. Require person scheduling deposition to give advance notice before serving subpoena. Permit person serving subpoena rather than recipient to decide whether records should be copied and delivered or delivered for inspection and copying. Requires advance payment of costs upon request. Clarifies the grounds and procedures for objecting to a subpoena. Requires declaration under penalty of perjury to accompany documents produced under a subpoena. Adopt the federal provisions governing discovery of electronically stored information. Delete committee note. Proposed effective date: November 1, 2007.
URCP Form 40. Subpoena. Repeal & Reenact. Subpoena, Notice of Rights, Objection. Proposed effective date: November 1, 2007.
URCP 101. Motion practice before court commissioners. Amend. Permit motion for default judgment to be heard by the court commissioner. Technical amendments. Proposed effective date: November 1, 2007.
URCP 106. Modification of divorce decrees. Amend. Expand to include modification of any final domestic relations order. Proposed effective date: November 1, 2007.

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Rules of Civil Procedure

URCP 005. Service and filing of pleadings and other papers. Amend. Describes when the attorney and party must be served if the attorney has entered a limited appearance.
URCP 017. Parties plaintiff and defendant. Amend. Limits the requirement that a minor appear by a guardian or guardian ad litem to an unemancipated minor.
URCP 074. Withdrawal of counsel. Amend. Establishes the procedures for withdrawing from a limited appearance.
URCP 075. Limited appearance. New. Establishes the procedures for entering a limited appearance when a client, under the rules permitting unbundling legal services, hires an attorney for a limited purpose.

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Rules of Civil Procedure

URCP 045. Subpoena. Amend. Require person scheduling deposition to give advance notice before serving subpoena. Permit person serving subpoena rather than recipient to decide whether records should be copied and delivered or delivered for inspection and copying. Requires advance payment of costs upon request. Clarifies the grounds and procedures for objecting to a subpoena. Requires declaration under penalty of perjury to accompany documents produced under a subpoena. Delete committee note.
URCP Form 40. Subpoena. Repeal & Reenact. Subpoena, Notice of Rights, Objection, Declaration of compliance.
URCP 063. Disability or disqualification of a judge. Amend. Clarify that judge is to take no action in a case after a motion to recuse has been filed.
URCP 074. Withdrawal of counsel. Amend. Requires judicial consent for withdrawal if a hearing has been set.

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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 006. Time Amend. Permit 3 additional days in which to respond if notice is served by mail, fax, or electronic service.
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. 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 071A. 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. Rule is contrary to due process.

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