Utah Rules of Civil Procedure 1 - Scope of Rules

The first rule of the Utah Rules of Civil Procedure establishes that these rules will govern the procedures to be used by Utah courts in almost all civil cases, subject to certain exceptions which are set forth in Rule 81.  Rule 1 also provides an exception to the applicability of the Utah Rules of Civil Procedure when there is another court rule or statute enacted by the Legislature which may govern.  The rules apply equally to judges and to commissioners.  (Commissioners are used only in some counties in Utah.)

Because the rules are generally considered to be "procedural" rather than "substantive," the most current Rules of Civil Procedure are applicable both to new cases and to cases that may still be pending in the courts when a change in the rules becomes effective.  However, under Rule 1, Utah judges do have discretion to apply the former procedural rule if it would be unfeasible or unjust  to require the application of the new rule.

Rule 1 states that the rules are to be "liberally construed and applied to achieve the just, speed, and inexpensive determination of every action."  In reality, civil lawsuits in Utah can be complicated, lengthy, and expensive.  A good attorney can help you achieve the results you need, while still minimizing the time and expenses that can be involved in civil litigation.

If you are involved in a legal dispute in Utah, choosing the right attorney can make all the difference.  Our Utah attorneys work hard to help you achieve the results you need.

Contact Utah attorney Stephen Howard now to schedule an initial consultation.