University of Denver

Utah Rules of Civil Procedure

The Utah Supreme Court’s Advisory Committee on the Rules of Civil Procedure developed and proposed significant changes to the Rules to address the expansion and increased cost of discovery, and the impact on the state civil justice system. The Committee considered significant statewide changes to the rules governing disclosure and discovery in order to reverse the default from unlimited discovery to proportional and cost-effective discovery. Prior to presenting the proposed rules changes for official notice and comment, the Committee spoke to bar groups, judges, and other interested organizations to inform them about, and receive comments on, the proposed changes. After working through comments and specific sections of the proposed changes, the Committee officially published the proposed rules for a notice and comment period.

After both an informal and formal notice and comment period, on August 29, 2011, the Utah Supreme Court approved the proposed amendments. The amendments are effective for all cases filed on or after November 1, 2011.

In June of 2017, Utah implemented case specific initial disclosures for cases involving domestic relations, personal injury actions, and unlawful detainer actions (Rules 26.1, 26.2, and 26.3, respectively). Utah has also created a process for managing discovery issues by allowing a party from whom discovery is sought to request the judge enter an order regarding the discovery issue. This process for Statements of Discovery Issues (SODI), is codified in Rule 37(a).

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