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S.J.R. 5

Enrolled

Joint Resolution Amending the Utah Rules of Civil Procedure

SJR005S02 (Substitute)

View on le.utah.gov
S.J.R. 5Enrolled

Joint Resolution Amending the Utah Rules of Civil Procedure

Senate
House
Governor

What This Bill Does

This resolution amends the Utah Rules of Civil Procedure.

Key Provisions

This resolution:

  • amends Utah Rules of Civil Procedure, Rule 1, to add a definition;
  • amends Utah Rules of Civil Procedure, Rule 42, to address the transfer of an action;
  • amends Utah Rules of Civil Procedure, Rule 63, to address the disqualification of a judge on a three-judge panel in the district court;
  • amends Utah Rules of Civil Procedure, Rule 63A, to address the change of judge as a matter of right with regard to a three-judge panel in the district court;
  • makes technical and conforming changes; and
  • includes a coordination clause to ensure that the changes for Rule 42 in this resolution merge with the changes for Rule 42 in S.J.R. 6, Joint Resolution Amending Court Rules Regarding Medical Malpractice.

Plain-Language Summary

AI-generated summary. We recommend consulting the bill text for important decisions.

This resolution amends Utah's Rules of Civil Procedure to establish procedures for a new "district court panel" — a group of three district court judges that can be convened to hear a single case. It allows the Attorney General, Governor, or Legislature to trigger this three-judge process by filing a notice within 45 days of a lawsuit being filed, at which point the originally assigned judge must stop acting and transfer the case to the panel. The resolution also sets rules for how parties can request a judge change on such a panel — each side gets one such request as a matter of right, filed within seven days of learning which judges are assigned — and specifies that if a judge on the panel is disqualified or changed, only that individual judge is replaced rather than the entire panel being reconvened. Separately, the resolution updates rules around transferring civil cases to Utah's Business and Chancery Court, a specialized court for business disputes, allowing any party to request such a transfer within 21 days of appearing in the case, with the district court required to grant it unless doing so would harm the interests of justice.