The Utah Supreme Court have approved amendments to the following court rules, subject to a 45-day comment period. The amendments are effective July 18, 2016. The 45-day comment period will expire September 12, 2016.
Utah Rules of Small Claims Procedure
URSCP 001 General provisions. Amend. The Utah Rules of Small Claims Procedure will not apply to cases removed from small claims court to district court, except as outlined in Rule 12.
URSCP 002 Plaintiff beginning the case. Amend. Title changed to include “Plaintiff.”
URSCP 002A Defendant’s removal from district court. New. Prescribes the procedures outlined in Utah Code Section 78A-8-102, authorizing a defendant to remove a case from district court to small claims court with the plaintiff’s stipulation.
URSCP 003 Service of the affidavit and summons. Amend. Requires language in the summons sufficient to notify a defendant of his/her removal rights.
URSCP 004 Counter affidavit. Amend. Provides an exception to the time limit for filing a counter affidavit when a defendant is removing the case pursuant to Rule 2A.
URSCP 004A Defendant’s removal to district court. New. Provides defendants with the ability to remove a case filed in small claims court to district court for proceedings in accordance with the Utah Rules of Civil Procedure, including the option for a jury trial in the first instance.
URSCP 012 Appeals. Amend. Provides parties the option of electing a jury trial de novo in the district court for cases tried in small claims without a jury and allows district court judges the option of requiring parties to exchange information prior to a de novo trial (with or without a jury). Notifies parties of their appellate rights when a case is removed to district court pursuant to Rule 4A.
How to View Redline Text of the Amendments
To see the rule amendments and submit comments, click on this link to: http://www.utcourts.gov/resources/rules/comments/, then click on the rule number.
How to Submit Comments
You can comment and view the comments of others by clicking on the “comments” link associated with each body of rules. It is most efficient to submit comments through the website. After clicking on the comment link, you will be asked for your name, which is required, and your email address which need not be your real address. The comment website is public. Each comment must be approved by the site administrator before it will show on the public website. Although all comments will be considered, they will not be acknowledged with a response.
Please submit comments directly through the website. Should you have any questions, please contact the committee staff person. The list of committees can be found at: https://www.utcourts.gov/committees/.