Category: URCP058A

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 007. Pleadings allowed; motions, memoranda, hearings, orders. Repeal and reenact. In conjunction with amendments to Rule 54 and Rule 58A, addresses the finality and appealability of orders and judgments. Integrates the memorandum supporting a motion with the motion itself. Regulates the process for citing supplemental authority. Prohibits proposed orders before a decision, except for specified motions. Requires an objection to evidence, rather than a motion to strike evidence. Requires a counter-motion rather than a motion in the opposing memorandum. Includes other provisions regulating motion practice.
URCP 054. Judgment; costs. Amend. In conjunction with amendments to Rule 58A, addresses the finality and appealability of judgments. Conforms more closely to FRCP 54.
URCP 058A. Entry of judgment; abstract of judgment. Amend. In conjunction with amendments to Rule 54, addresses the finality and appealability of judgments. Conforms more closely to FRCP 58. Requires that a judgment be set forth in a separate document. If a separate document is not prepared, establishes the date on which the decision, however designated, becomes final and appealable.
URCP 101. Motion practice before court commissioners. Amend. Modifies deadlines and procedures for motions presented to court commissioners.

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Rules of Civil Procedure

URCP 007. Pleadings allowed; motions, memoranda, hearings, orders. Amend. Adopts expedited procedures for resolution of specified motions related to disclosure and discovery. If approved, similar provisions currently in the Code of Judicial Administration will be deleted.
URCP 058A. Entry of judgment; abstract of judgment. Amend. Requires the party preparing the judgment to promptly serve a copy of the signed judgment on the other parties and promptly file proof of service with the court. Proposed in conjunction with proposed amendments to URAP 4.
URCP 058B. Satisfaction of judgment. Amend. Requires the creditor to file a satisfaction of judgment upon the debtor’s request.
URCP 064D. Writ of garnishment. Amend. Extends a writ of continuing garnishment to one year, unless a second or subsequent writ is served.

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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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