The Supreme Court and Judicial Council have approved amendments to the following Utah court rules. The amendments are effective April 1, 2013, unless otherwise noted.
Summary of amendments
Code of Judicial Administration
CJA 04-0503. Mandatory electronic filing. Amend. Requires the electronic filer to use a personal identity with an e-filing interface, rather than someone else's. Will not prohibit a paralegal or administrative assistant from filing on an attorney’s behalf.
CJA 04-0508. Guidelines for ruling on a motion to waive fees. New. Establishes guidelines for ruling on a motion to waive fees. Requires use of court-approved forms.
CJA 11-0201. Senior judges. Amend. Removes reference to the Judicial Council's attorney survey for certification of senior judges.
Rules of Civil Procedure
URCP 005. Service and filing of pleadings and other papers. Amend. Requires a certificate of service appended to each document that has to be served. Permits the court to serve documents by email. Email to lawyers will be to the email address on file with the Utah State Bar.
URCP 010. Form of pleadings and other papers. Amend. Requires designation of the discovery tier in the caption of a claim. Requires a court-approved coversheet for counterclaims and cross claims as well as complaints.
URCP 011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Deletes a provision that conflicts with Rule 26(e). The consequence will be that the signature on disclosures, discovery requests and discovery responses is a certification under Rule 11.
URCP 026. General provisions governing disclosure and discovery. Amend. Changes the time for initial disclosures. Provides for timing of disclosure and discovery of rebuttal experts. Clarifies that disclosure and discovery documents must be served.
URCP 026.02. Disclosures in personal injury actions. Amend. Narrows the limitation on the further use of disclosures to Plaintiff’s Social Security number and Medicare health insurance claim numbers. In a committee note, describes the committee's intent regarding the scope of the rule.
URCP 037. Discovery and disclosure motions; Sanctions. Amend. Allows the court to enter sanctions if a motion for a protective order or motion to compel is denied.
URCP 105. Shortening 90 day waiting period in domestic matters. Amend. Changes the standard of "good cause" to "extraordinary circumstances" in keeping with Section 30-3-18.
Rules of Juvenile Procedure
URJP 020. Discovery generally. Amend. Provides that the financial disclosure requirements of the civil discovery rule does not apply in juvenile court unless ordered.
Rules of Small Claims Procedure
URSCP 003. Service of the affidavit. Amend. Permits a small claims affidavit and summons to be served by any method of personal service authorized by URCP 4. Allows alternative service in a small claims case.
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 on the dates indicated. Updated versions of the rules will be posted to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.