The Supreme Court and Judicial Council have approved amendments to the following Utah court rules.
Summary of amendments
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." Authorizes expert witness fees and expenses and deposition recordings as part of award of "costs" if a settlement offer is rejected and the offeree's position does not improve after trial. 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.
Rules of Appellate Procedure
URAP 24. Briefs. Amend. The proposed amendment creates word and line limitations, in addition to a page limitation. Under the proposal, the principal brief would be either 30 pages, 14,000 words, or 1,300 lines of monospaced typeface. Another proposed amendment clarifies the process for seeking permission to file an over-length brief.
Code of Judicial Administration
CJA 03-414. Court security. Amend. Correct statutory references.
CJA 04-202.08. Fees for records, information, and services. Amend. Establishes the fee for delivery of documents by outgoing fax.
CJA 07-301. Intake. Amend. Delete erroneous reference to non-judicial adjustment as including a surcharge.
CJA 10-1-302. Limits on fax filing. New. Prohibits fax filing in Third District Court except in limited situations. Effective February 1, 2006
CJA 11-302. Admission pro hac vice. Amend. Exempts from the fee for admission pro hac vice attorneys representing the U.S. government and those representing indigent defendants on a pro bono basis.
UPDATE
URCP 68. The amendment does not include expert witness fees and deposition costs in the definition of costs.
URAP 24. The amendment does not contain a word limit.
The amendment to URCP 6, announced here last week, has been withdrawn. The amendment should have awaited complimentary changes to Rule 5, which are still in development. The Supreme Court’s replacement order has been posted to the court’s web page: http://www.utcourts.gov/resources/rules/approved/
How to view redline text of the approved amendments
To see the text and effective date of the amendments, click on this link to: http://www.utcourts.gov/resources/rules/approved/ and then click on the rule number. All amendments are effective April 1, 2006 unless otherwise indicated. Updated versions of the rules will be posed to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.