UNITED STATES DISTRICT COURT

(a) Availability. Copies of these rules in paper and electronic formats, as amended and with appendices, are available from the clerk's office for a reasonable charge set by the clerk. These rules also are posted on the court's website at http://www.utd.uscourts.gov. On admission to the bar of this court, each attorney will be provided a copy of these rules. Attorneys admitted pro hac vice will be provided a copy on request and on payment to the clerk of the fee.

(b) Amendments to the Rules. When amendments to these rules are proposed, notice and opportunity for public comment will be provided as directed by the court. When amendments to these rules are approved by the court, notice will be provided.

DUCivR 1-2 SANCTIONS FOR CIVIL RULE VIOLATIONS

The court, on its own initiative, may impose sanctions for violation of these civil rules. Sanctions may include, but are not limited to, the assessment of costs, attorneys' fees, fines, or any combination of these, against an attorney or a party. Barring extraordinary circumstances, cases will not be dismissed for violation of the local rules.

See DUCivR 41-1 for sanctions for failure to notify the court when settlement is reached before a scheduled jury trial.

FED. R. CIV. P. 2 - ONE FORM OF ACTION

No corresponding local rule.

FED. R. CIV. P. 3 - COMMENCEMENT OF ACTION

DUCivR 3-1 CLERK'S SCHEDULE OF MISCELLANEOUS FEES

Under authority of 28 U.S.C. § 1914(a) and (b), the clerk of court will collect from the parties filing and other fees as prescribed by the Judicial Conference of the United States. A current schedule of those fees is posted in the public reception area of the clerk's office, and copies of the fee schedule are available from the clerk on request. Pursuant to 28 U.S.C. § 1914(c), the court authorizes the clerk of court to require advance payment of those fees.

DUCivR 3-2 ACTIONS TO PROCEED WITHOUT PREPAYMENT OF FEES

(a) Non-incarcerated Parties

(1) Completion of Form AO 240. A non-incarcerated party wishing to proceed without having to pay the required fees under 28 U.S.C. § 1915 must complete and sign, under penalty of perjury, an Application to Proceed Without Prepayment of Fees and Affidavit (Application). The Application, Form 240, will be supplied without charge by the clerk of court upon request. A copy of the form is annexed as Appendix I to these rules.

(2) Conditions for Filing. The clerk of court will not accept any action for filing with the court that is not accompanied by the payment of fees and security or accompanied by an Application which has been granted by the court. Where an action and an Application are submitted jointly to the clerk, the clerk will lodge the action until the court has reviewed the Application. If the application is approved, the clerk will file the action as of the date it was lodged. If the Application is denied, the clerk will notify the party that the action will not be filed until full payment is made.

(b) Incarcerated Parties.

(1) Completion of an Application. Any incarcerated person seeking to file a civil action and to proceed without prepayment of fees must submit an Application to Proceed without Prepayment of Fees and Affidavit for Incarcerated Pro Se Plaintiffs, (Prisoner Application), copies of which are available from the clerk of court, and a certified statement of the person's prison trust account showing current account status and any account activity for the six-month period preceding the date of the Prisoner Application. A copy of both forms is annexed as Appendix II to these rules. Under the Prison Litigation Reform Act of 1995, the court will order an initial partial filing fee of twenty (20) per cent of the greater of (i) the average monthly deposits to the account during the six-month period preceding the filing of the action, or (ii) the average monthly balance in the account for the six-month period preceding the filing of the action. In each following month, prison officials will calculate twenty (20) per cent of the preceding month's income credited to the prisoner's account and, each time the amount in the account exceeds ten (10) dollars, forward a check for that amount to the clerk of court.

(2) Conditions for Filing. The clerk will lodge complaints and petitions from incarcerated parties accompanied by a Prisoner Application until certification of account balances and other required documents are received. Once all required documents are received, the clerk will forward the Prisoner Application to the magistrate judge for review. If the Prisoner Application is approved and the fee payment schedule established, the clerk will file the action as of the day it was lodged. If the Prisoner Application is denied, the clerk will inform the prisoner of the decision of the court.

(3) Dismissal of Claims as Frivolous under 28 U.S.C §1915. On receipt of a Prisoner Application, a magistrate judge may review the complaint and recommend that (i) the Prisoner Application be granted to permit the filing of the action and (ii) that the action be dismissed pursuant to 28 U.S.C. § 1915. If the court accepts the recommendation, the matter will be filed and subsequently closed.

DUCivR 3-3 COMMENCEMENT OF AN ACTION: NOTIFICATION OF MULTI-DISTRICT LITIGATION

An attorney filing a complaint, answer, or other pleading in a case that may be subject to pretrial proceedings before the Judicial Panel on Multidistrict Litigation, under the provisions of 28 U.S.C. § 1407, must submit in writing at the time of filing, or when the filing attorney becomes aware that the matter may be so subject, a description of the nature of the case and the titles and case numbers of all other related cases filed in this or any other jurisdiction.

DUCivR 3-4 CIVIL COVER SHEET

Every complaint or other document initiating a civil action must be accompanied by a Civil Cover Sheet, Form JS-44, available from the clerk. All appeals to this court from rulings of the bankruptcy court must be accompanied by a Cover Sheet for Appeals from the U.S. Bankruptcy Court to the U.S. District Court, Form DU-28, available from the clerk of court. This requirement is solely for administrative purposes.

See DUCivR 23-1 for caption requirements for class action complaints/pleadings.

DUCivR 3-5 CONTENT OF THE COMPLAINT

The complaint is the initial pleading that commences a civil action. It should state the basis for the court's jurisdiction, the basis for the plaintiff's claim or cause for action, and the demand for relief. The complaint should not include any motion. Any motion intended to accompany a complaint, such as a motion for a temporary restraining order, must be prepared and filed as a separate document.

FED. R. CIV. P. 4 - SUMMONS

DUCivR 4-1 SERVICE OF PROCESS

Under Fed. R. Civ. P. 4(c), district judges, magistrate judges, and the clerk of court are authorized to designate persons other than the United States marshal to make service of process.

FED. R. CIV. P. 4.1 - SERVICE OF OTHER PROCESS

No corresponding local rule.

FED. R. CIV. P. 5 - SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

DUCivR 5-1 FILING OF PAPERS

(a) Electronic Filing Permitted.

Papers may be filed, signed, and verified by electronic means consistent with the administrative procedures (ECF Procedures) adopted by the court to govern the court’s electronic case filing system. A paper filed by electronic means in compliance with the ECF Procedures constitutes a written paper for the purpose of applying these rules.

(b) Filing of Pleadings and Papers.

Barring extraordinary circumstances, all pleadings and other case-related papers required to be filed with the court must be filed with the clerk at the office of record in Salt Lake City (i) in person during the business hours set forth in DUCivR 77-1, (ii) in the twenty-four (24) hour filing box located on the south porch of the courthouse, (iii) by mail, or (iv) through the court's electronic filing system.. At the time of filing of a document pursuant to subparagraphs (i), (ii), and (iii), the clerk will require:

(1) the original of all proposed orders, certificates of service, and returns of service;
(2) the original and one (1) copy of all pleadings, motions, and other papers; and,
(3) the original and two (2) copies of all pleadings, motions, and other papers pertaining to a matter that has been referred to a magistrate judge.

Attorneys or parties to any action must not forward originals of pleadings, memoranda, or proposed orders directly to a judge. When court is in session elsewhere in the district, pleadings, motions, proposed orders, and other pertinent papers may be filed with the clerk or with the court at the place where court is being held.

*The ECF Procedures governing electronic filng are available from review, downloading, and printing at http://www.utd.uscourts.gov

(c) Filing Time Requirements.

Unless otherwise directed by the court, all documents pertaining to a court proceeding must be filed with the clerk a minimum of two (2) business days before the scheduled proceeding.

(d) Filing of Discovery and Disclosures.

Discovery and disclosure documents, including depositions, must be filed in accordance with DUCivR 26-1 (b) and (c).

DUCivR 5-2 FILING CASES AND DOCUMENTS UNDER COURT SEAL

(a) General Rule.

On motion of one or more parties and a showing of good cause, the court or, upon referral, a magistrate judge may order all or a portion of the documents filed in a civil case to be sealed.

(b) Sealing of New Cases.

(1) On Ex Parte Motion. A case may be sealed at the time it is filed upon ex parte motion of the plaintiff or petitioner and execution by the court of a written order. The case will be listed on the clerk's case index as Sealed Plaintiff vs. Sealed Defendant.

(2) Civil Actions for False Claims. When an individual files a civil action on behalf of the individual and the government alleging violation of 31 U.S.C.§ 3729, the clerk will seal the complaint for a minimum of sixty (60) days. Extensions may be approved by the court on motion of the government.

(c) Sealing of Pending Cases.

A pending case may be sealed at any time upon motion of either party and execution by the court of a written order. Unless the court otherwise orders, neither the clerk's automated case index nor the existing case docket will be modified.

(d) Procedure for Filing Documents Under Seal.

Documents ordered sealed by the court or otherwise required to be sealed by statute must be placed unfolded in an envelope with a copy of the cover page of the document affixed to the outside of the envelope. The pleading caption on the cover page must include a notation that the document is being filed under court seal. The sealed document, together with a judge's copy prepared in the same manner, must be filed with the clerk. No document may be designated by any party as Filed under Seal or Confidential unless:

(1) it is accompanied by a court order sealing the document;
(2) it is being filed in a case that the court has ordered sealed; or
(3) it contains material that is the subject of a protective order entered by the court.

(e) Access to Sealed Cases and Documents.

Unless otherwise ordered by the court, the clerk will provide access to cases and documents under court seal only on court order. Unless otherwise ordered by the court, the clerk will make no copies of sealed case files or documents.

DUCivR 5-3 HABEAS CORPUS PETITIONS AND CIVIL RIGHTS COMPLAINTS

(a) Form.

Petitions for writs of habeas corpus under 28 U.S.C. §§ 2254 and 2255, and pro se civil rights complaints under 42 U.S.C. § 1983 et seq., must (i) be in writing, signed, and verified, and (ii) comply with 28 U.S.C. §§ 2254 and 2255. Forms for such actions are available from the clerk of court.

(b) Supporting Affidavit.

A petition, motion, or complaint submitted for filing with an Application to Proceed Without Prepayment of Fees and Affidavit must be accompanied by a supporting affidavit in compliance with DUCivR 3-2. In actions by persons who are incarcerated, this affidavit must be accompanied by (i) a certification, executed by prison officials, as to the availability of funds in any account maintained by the institution for the petitioner or movant, and (ii) documentation of any account activity in the six (6) months preceding the filing date.

(c) Filing Requirements.

Petitioners or movants seeking post-conviction relief must file with the clerk of court the original and one copy of the petition, motion, or complaint. If proceeding without prepayment of fees, petitioners and movants, in addition to the original and any required copies, as prescribed in DUCivR 5-1(a), must provide the clerk with one copy for each person named as a defendant in the petition, motion, or complaint.

(d) Answers and Responses.

Unless otherwise ordered by the court, petitions for writs of habeas corpus under 28 U.S.C. §§ 2254 and 2255 do not require an answer or other responsive pleading.

FED. R. CIV. P. 6 - TIME

DUCivR 6-1 FILING DEADLINES WHEN COURT IS CLOSED

When the court is closed by administrative order of the chief judge, any deadlines which occur on that day are extended to the next day that the court is open for business.

See DUCivR 77-2 for the clerk's authority to extend time.

FED. R. CIV. P. 7 - PLEADINGS ALLOWED; FORM OF MOTIONS

DUCivR 7-1 MOTIONS AND MEMORANDA

(a) Motions.

All motions must be filed with the clerk of court, or presented to the court during proceedings, except as otherwise provided in this rule and in DUCivR 5-1. Copies shall be provided as required by DUCivR 5-1. Motions must set forth succinctly, but without argument, the specific grounds of the relief sought. Failure to comply with the requirements of this section may result in sanctions that may include (i) returning the motion to counsel for resubmission in accordance with the rule, (ii) denial of the motion, or (iii) other sanctions deemed appropriate by the court. Merely to repeat the language of a relevant rule of civil procedure does not meet the requirements of this section.¹

(b) Supporting Memoranda.

(1) Memoranda of Supporting Authorities. Except as noted below or otherwise permitted by the court, each motion must be accompanied by a memorandum of supporting authorities that is filed or presented with the motion. Although all motions must state grounds for the request and cite applicable rules, statutes, or other authority justifying the relief sought, no memorandum of supporting authorities is required for the following types of motions:

(A) to extend time for the performance of an act, whether required or permitted, provided the motion is made prior to expiration of the time originally prescribed or previously extended by the court;
(B) to continue either a pretrial hearing or motion hearing;
(C) to appoint a next friend or guardian ad litem;
(D) to substitute parties;
(E) for referral to or withdrawal from the court's ADR program;
(F) for settlement conferences; and
(G) for approval of stipulations between the parties.

(2) Concise Memoranda. Memoranda must be concise and state each basis for the motion and limited citations to case or other authority.

(3) Length of Memoranda; Filing Times. Memoranda supporting or opposing all motions, except (i) motions to dismiss, (ii) motions for summary judgment as provided in DUCivR 56-1, and (iii) motions pursuant to Fed.R.Civ.P. 65, must not exceed ten (10) pages, exclusive of face sheet, table of contents, statements of issues and facts, and exhibits. A memorandum opposing a motion must be filed within fifteen (15) days after service of the motion or within such extended time as allowed by the court. A reply memorandum may be filed at the discretion of the movant within seven (7) days after service of the memorandum opposing the motion. A reply memorandum must be limited to rebuttal of matters raised in the memorandum opposing the motion and must not exceed ten (10) pages. No additional memoranda will be considered without leave of court. Attorneys may stipulate to shorter briefing periods and fewer memorandum pages, and the court encourages them to do so.

(4) Exceptions. Memoranda supporting or opposing motions to dismiss or motions pursuant to Fed.R.Civ.P. 65 (i) shall not exceed twenty-five (25) pages, exclusive of face sheet, table of contents, statements of issues and facts, and exhibits, and (ii) shall be filed and served pursuant to the provisions of DUCivR 56-1(b). Reply memoranda for such motions must not exceed 10 pages exclusive of face sheet, table of contents, statements of issues and facts, and exhibits.

(5) Citations of Supplemental Authority. When pertinent and significant authorities come to the attention of a party after the party's memorandum has been filed, or after oral argument but before decision, a party may promptly file a notice with the court and serve a copy on all counsel, setting forth the citations. There must be a reference either to the page of the memorandum or to a point argued orally to which the citations pertain, but the notice must state, without argument, the reasons for the supplemental citations. Any response must be made, filed promptly, and be similarly limited.

(c) Supporting Exhibits to Memoranda.

If any memorandum in support of or opposition to a motion cites documents, interrogatory answers, deposition testimony, or other discovery materials, relevant portions of those materials must be attached to or submitted with the memorandum when it is filed with the court and served on the other parties.

(d) Failure to Respond.

Failure to respond timely to a motion may result in the court's granting the motion without further notice.

(e) Leave of Court and Format for Lengthy Memoranda.

If a memorandum is to exceed the page limitations set forth in this rule, leave of court must be obtained. A motion for leave to file a lengthy memorandum must include a statement of the reasons why additional pages are needed and specify the number required. The court will approve such requests only for good cause and a showing of exceptional circumstances that justify the need for an extension of the specified page limitations. Absent such showing, such requests will not be approved. A lengthy memorandum must not be filed with the clerk prior to entry of an order authorizing its filing. Memoranda exceeding page limitations, for which leave of court has been obtained, must contain under appropriate headings and in the order here indicated:

(1) a table of contents, with page references, listing the titles or headings of each section and subsection;
(2) a statement of the issues related to the precise relief sought;
(3) a concise statement of facts, with appropriate references to the record, relevant to the issues concerning the precise relief sought;
(4) argument, preceded by a summary, containing the contentions of the party with respect to the issues presented and the reasons for them, with citations to the authorities, statutes, and parts of the record relied on; and
(5) a short conclusion stating the precise relief sought.

(f) Oral Arguments on Motions.

The court on its own initiative may set any motion for oral argument or hearing. Otherwise, requests for oral arguments on motions will be granted on good cause shown. If oral argument is to be heard, the motion will be promptly set for hearing. Otherwise, motions are to be submitted to and will be determined by the court on the basis of the written memoranda of the parties.

See DUCivR 56-1 for specific provisions regarding summary judgment motions and memoranda in support and opposition to such motions.

DUCivR 7-2 USE OF UNPUBLISHED DECISIONS AS AUTHORITY

(a) Citations of Unpublished Decisions.

Citation of unpublished opinions is disfavored because the court typically attaches less significance to them than to published opinions. However, if an unpublished decision is cited, a copy of that decision must be attached to the memorandum or paper in which it is cited and served on all parties. A file of the unpublished decisions of this court, organized by district judge and indexed chronologically, is maintained by the U.S. Courts Law Library and is available to the bar and public during library hours as set forth in DUCivR 77-1(c).

(b) Definition of Unpublished Decision.

For purposes of this rule, a decision is considered unpublished if it is not published in an official reporter of the issuing court or if it has been designated not for official publication.

(c) Forms of Citation.

Unpublished decisions of judges of the United States district courts should be cited as follows: Smith v. Jones, No. 2:87CV2302 (DU, March 1, 1989). Unpublished decisions of the United States Courts of Appeals should be cited in the following form: Smith v. Jones, No. 4101 (CA-10/DKS, March 1, 1989).

DUCivR 7-3 CONSTRAINTS ON DISCLOSING PERSONAL DATA IN CIVIL FILINGS

(a) Responsibility of Counsel for Redaction of Personal Identifiers.

Unless otherwise provided by court order, counsel and parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all pleadings, documents, and exhibits filed with the court either in paper or electronic format:

(1) Social Security numbers. If a document requires reference to a Social Security number, only the last four digits of that number shall be included.
(2) Names of Minor Children. If a document requires reference to a minor child, only the initials of the child's name shall be included.
(3) Dates of Birth. If a document requires reference to any dates of birth, only the year shall be included.
(4) Financial Account Numbers. If a document requires reference to financial account numbers, only the last four digits of those numbers shall be included.
(5) Home Addresses. If a document requires reference to a home address, only the city and state shall be included.

Responsibility for redacting these personal identifiers rests solely with counsel and the parties. The clerk will not review any document submitted for filing to determine whether it complies with this rule.

(b) Submission of Unredacted Filings Under Seal.

Where a party deems it necessary to file a pleading, document, or exhibit with unredacted personal data identifiers, the party may do so under seal pursuant to and in compliance with DUCivR 5-3(g) of these rules. The court, may, however, still require the party to file a redacted copy for the public file.

(c) Exercising Caution With Filings Containing Personal Information.

Parties are strongly encouraged to exercise caution and to inform themselves of any applicable legal prohibitions when filing any documents that contain personal information, including the following:

(1) any personal identifying number, such as driver.s license number;
(2) medical records, treatment and diagnosis;
(3) employment history;
(4) individual financial information;
(5) proprietary or trade secret information;

FED. R. CIV. P. 8 - GENERAL RULES OF PLEADINGS

No corresponding local rule.

FED. R. CIV. P. 9 - PLEADING SPECIAL MATTERS

DUCivR 9-1 ALLOCATION OF FAULT

(a) Allocating Party Filing Requirements.

Any party that seeks to allocate fault to a nonparty pursuant to Title 78 UCA Chapter 27, shall file:
(1) A description of the factual and legal basis on which fault can be allocated; and
(2) Information known or reasonably available to the party that identifies the non-party, including name, city and state of residence, and employment. If the identity of the nonparty is unknown, the party shall so state in its filing.

(b) Allocating Party Time Requirements.

The information specified in subsection (a) must be included in the party's responsive pleading if known to the party. Alternatively, it must be included in a supplemental notice filed within a reasonable time after the party discovers the factual and legal basis on which fault can be allocated, but not later than any deadline specified in the scheduling order. Upon motion and for good cause shown, the court may permit the party to file the information specified in subsection (a) after the expiration of any deadlines provided for in this rule, but in no event later than ninety (90) days before the scheduled trial date.

See DUCivR 7-1 for court policy and procedural requirements regarding motions and memoranda.

FED. R. CIV. P. 10 - FORM OF PLEADINGS

DUCivR 10-1 GENERAL FORMAT OF PAPERS

(a) Form of Pleadings and Other Papers.

Except as otherwise permitted by the court or a magistrate judge for institutionalized persons, all pleadings, motions, and other papers:

(1) presented for filing in person or by mail must be on 8 ½ x 11 inch white paper of good quality, with a top margin of not less than 1½ inch, all other margins of not less than 1 inch, and impression only on one side of the paper. Such originals must be flat and unfolded; or
(2) transmitted for filing through the court's electronic filing system must conform to the ECF Procedures.

Where required, copies of all originals must be prepared by using a clearly legible duplication process; copies produced via facsimile transmission are not acceptable for filing with the court. Text must be typewritten or plainly printed and double-spaced except for quoted material and footnotes. Exhibits attached to the original of any pleading, motion, or paper shall not be separately tabbed with dividers, but an 8 1/2 x 11-inch sheet shall be inserted to separate and identify each exhibit. Judges' copies of pleadings and exhibits may include tabbed dividers for the convenience of chambers. Each page must be numbered consecutively. The top of the first page of each paper filed with the court must contain the following:

______________________________________________________________________________

Counsel Submitting, e-mail address, and Utah State Bar Number²
Attorney For
Address
Telephone

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, ________ DIVISION

Name of Case Case No. w/ District Judge Initials

Title of Document

Magistrate Judge's Name (When Applicable)

______________________________________________________________________________

Proposed orders submitted to the court must comply with DUCivR 54-1. Such orders must be prepared and submitted as separate documents, not attached to or included in motions or pleadings. All documents served or filed after the commencement of a case must include the properly captioned case number. For example:

Central Division Civil Cases 2:07CV0001PGC

Northern Division Civil Cases 1:07CV0001PGC

Central Division Criminal Cases 2:07CR0001PGC

Northern Division Criminal Cases 1:07CR0001PGC

Legend: 2 = Central Division
1 = Northern Division
07 = Calendar Year
CV = Civil Case
CR = Criminal Case
0001 = Consecutive Case Number
PGC = Assigned Judge

The title of each document must indicate its nature and on whose behalf it is filed. Where jury trial is demanded in or by endorsement upon a pleading as permitted by the Federal Rules of Civil Procedure, the words "JURY DEMANDED" must be placed in capital letters on the first page immediately below the title of the pleading. Where a matter has been referred to a magistrate judge, the caption for all motions, pleadings, and related documents in the matter must include the name of the magistrate judge below the title of the document.

(b) Examination by the Clerk.

The clerk of court will examine all pleadings and other papers filed and may require counsel to properly revise or provide required copies of pleadings or other papers not conforming to the requirements set forth in these rules.

FED. R. CIV. P. 11 - SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; REPRESENTATIONS TO COURT; SANCTIONS

No corresponding local rule; however, see DUCivR 1-2 for rule violation sanctions.

FED. R. CIV. P. 12 - DEFENSES AND OBJECTIONS-WHEN AND HOW PRESENTED-BY PLEADING OR MOTION-MOTION FOR JUDGMENT ON THE PLEADINGS

No corresponding local rule; however, see DUCivR 7-1 for guidelines on motions and memoranda; DUCivR 7-2 for guidelines on citing unpublished opinions; and DUCivR 56-1 for guidelines on summary judgment motions and memoranda in support of or in opposition to such motions.

FED. R. CIV. P. 13 - COUNTERCLAIM AND CROSS-CLAIM

No corresponding local rule.

FED. R. CIV. P. 14 - THIRD-PARTY PRACTICE

No corresponding local rule.

FED. R. CIV. P. 15 - AMENDED AND SUPPLEMENTAL PLEADINGS

No corresponding local rule.

FED. R. CIV. P. 16 - PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT

DUCivR 16-1 PRETRIAL PROCEDURE

(a) Pretrial Scheduling and Discovery Conferences.

(1) Scheduling Conference. In accordance with Fed. R. Civ. P. 16, except in categories of actions exempted under subsection (A), below, the court, or a magistrate judge when authorized under section (B), below, will enter, by a scheduling conference or other suitable means, a scheduling order. When a scheduling conference is held, trial counsel should be in attendance and must indicate to the court (i) who trial counsel will be, (ii) their respective discovery requirements, (iii) the potential of the case for referral to the court's ADR program, and (iv) the discovery cutoff date.³ If counsel cannot agree to a discovery cutoff date, such date will be determined by the district judge or the magistrate judge conducting the conference.

(A) Unless otherwise ordered by the court, the following categories of cases are exempt from these scheduling conference and scheduling order requirements:

(i) Cases filed by prisoners, including those based on motions to vacate sentence, petitions for writs of habeas corpus, and allegations of civil rights violations;
(ii) Cases filed by parties appearing pro se or in which all defendants are pro se;
(iii) Bankruptcy appeals and withdrawals;
(iv) Forfeiture and statutory penalty actions;
(v) Internal Revenue Service third-party and collection actions;
(vi) Reviews of administrative decisions by Executive Branch agencies, including Health and Human Services;
(vii) Actions to enforce or quash administrative subpoenas;
(viii) Cases subject to multidistrict litigation;
(ix) Actions to compel arbitration or set aside arbitration awards;
(x) Proceedings to compel testimony or production of documents in actions pending in another district or to perpetuate testimony for use in any court; and,
(xi) Cases assigned to be heard by a three-judge panel.

(B) Unless otherwise ordered by the court, as a matter of general court policy, incarcerated or otherwise detained pro se parties will not be required to comply with Fed. R. Civ. P. 26 (f).

(b) Magistrate Judge. The court may designate a magistrate judge to hold the initial scheduling or any pretrial conference. The court generally will conduct the final pretrial conference in all contested civil cases.

(c) Attorneys' Conference. At a time to be fixed during the scheduling conference, but at least ten (10) days prior to the final pretrial conference, counsel for the parties will hold an attorneys' conference to discuss settlement, a proposed pretrial order, exhibit list and other matters that will aid in an expeditious and productive final pretrial conference.

(d) Final Pretrial Conference. Trial counsel must attend the final pretrial conference with the court. Preparation for this final pretrial conference should proceed pursuant to Fed. R. Civ. P. 16 and should include (i) preparation by plaintiff's counsel of a recommended pretrial order that is submitted to other counsel at least five (5) days prior to the final pretrial date, and (ii) preparation for resolution of unresolved issues in the case.

(e) Pretrial Order. At the time of the pretrial conference, the parties will submit to the court for execution a proposed pretrial order previously served on and approved by all counsel. The form of the pretrial order should conform generally to the approved form of pretrial order which is reproduced as Appendix IV to these rules. In the event counsel are unable to agree to a proposed pretrial order, each party will state its contentions as to the portion of the pretrial order upon which no agreement has been reached. The court then will determine a final form for the pretrial order and advise all counsel. Thereafter, the order will control the course of the trial and may not be amended except by consent of the parties and the court or by order of the court to prevent manifest injustice. The pleadings will be deemed merged therein.

DUCivR 16-2 ALTERNATIVE DISPUTE RESOLUTION

(a) Authority.

Under 28 U.S.C. §§ 471-482 and §§ 651-658 and the court's Civil Justice Expense and Delay Reduction Plan of 1991, the court has established a court-annexed alternative dispute resolution (ADR) program for the District of Utah.

(b) Procedures Available.

The procedures available under the court's ADR program include arbitration and mediation. In addition, notwithstanding any provision of this rule, all civil actions may be the subject of a settlement conference as provided in DUCivR 16-3.

(c) Cases Excluded from ADR Program.

(1) Prisoner is a Party. Unless otherwise ordered by the assigned judge, cases in which a prisoner is a party will not be subject to this rule.
(2) Excluded from Referral to Arbitration. Pursuant to the 1998 Alternative Dispute Resolution Act, the following types of cases may be referred to mediation but are excluded from referral to arbitration in the Court's ADR program
(A) The action originates as a bankruptcy adversary proceeding, as an appeal from the bankruptcy court, or as a review of judgment of administrative law forums or other official adjudicated proceeding;
(B) The action is based on an alleged violation of a right secured by the Constitution of the United States; or
(C) Jurisdiction is based in whole or in part on 28 USCA § 1343.

(d) Certificate of ADR Election.

Except as excluded by section (c) of this rule, all counsel in civil actions should discuss the court's ADR program with their clients. The clerk will automatically issue to counsel a Notice of ADR which advises that any party at any time may contact the ADR program administrator in the office of the clerk to discuss or to request that the matter be referred to the ADR program. If one or more of the parties elects referral to the ADR program, the court or magistrate judge conducting the initial scheduling conference will consult with the parties whether to order referral of the matter to the program.

(e) Case Referral Procedure.

Referral into the court's ADR program will be made by order of the district, bankruptcy, or magistrate judge. Referrals to mediation may be made after consultation with the parties at the initial scheduling conference either on motion of one or more parties, or on the court's motion. Referrals to arbitration may be made after consultation with the parties at the initial scheduling conference or on motion of one or more parties and the consent of all parties. The order will designate whether the case is referred to mediation or arbitration.

(f) Stay of Discovery.

Unless otherwise stipulated by all parties, formal discovery pursuant to Fed. R. Civ. P. 26 through 37 will be stayed with respect to all parties upon entry of an order referring a civil action to the court's ADR program. Unless otherwise ordered by the assigned judge, no scheduled pretrial hearings or deadlines will be affected by referral into the ADR program.

(g) ADR Case Administration.

The administration of all cases referred to the ADR program will be governed by the District of Utah ADR Plan, a copy of which is appended to these rules.

(h) Supervisory Power of the Court.

Notwithstanding any provision of this rule or the court's ADR Plan, every civil action filed with the court will be assigned to a judge as provided in DUCivR 83-2 of these rules. The assigned judge retains full authority to supervise such actions, consistent with Title 28, U.S.C., the Federal Rules of Civil Procedure, and these rules.

(i) Compliance Judge.

The court will designate a district or magistrate judge to serve as the ADR compliance judge (ADR judge) to hear and determine complaints alleging violations of provisions of this rule or the ADR Plan. When necessary, the chief judge may designate an alternative district or magistrate judge to temporarily perform the duties of the ADR judge.

(j) Violations of the Rules Governing the ADR Program.

(1) Complaints. A complaint alleging that any person or party, including the assigned ADR roster or pro tem member(s), has materially violated a provision of this rule or the ADR Plan shall be submitted to the ADR judge in writing or under oath. Copies of complaints that are reviewed by the ADR judge and not deemed frivolous and dismissed shall be sent by the clerk to all parties to the action and, where appropriate, to the assigned ADR roster or pro tem member(s). Complaints shall neither be filed with the clerk nor submitted to the judge assigned to the case.
(2) Confidentiality. Absent a waiver of confidentiality by all necessary persons, or an order of the Court, complaints submitted pursuant to this rule shall not disclose confidential ADR communications.

DUCivR 16-3 SETTLEMENT CONFERENCES

(a) Authority for Settlement Conferences.

The assigned judge may require, or any party may at any time request, the scheduling of a settlement conference.

(b) Referral of Cases for Purposes of Conducting a Settlement Conference.

Under Fed. R. Civ. P. 16(a)(5) and (c)(9) and 28 U.S.C. § 636(b)(1), the district judge to whom the case has been assigned for trial may refer it, for the purpose of undertaking a settlement conference, either to another district judge or to a magistrate judge.

(c) Settlement Proceedings.

The settlement judge or magistrate judge may require the presence of the parties and their counsel, may meet privately from time to time with one party or counsel, and may continue the settlement conference from day to day as deemed necessary. The settlement judge may discuss any aspect of the case and make suggestions or recommendations for settlement. Counsel for each party to the settlement conference must ensure that a person or representative with settlement authority or otherwise authorized to make decisions regarding settlement is available in person for the full duration of the settlement conference. If the person present does not have full settlement authority, a person with full settlement authority must be directly available by telephone during the settlement conference.

(d) Confidential Nature of Settlement Proceedings.

The settlement conference will be conducted in such a way as to permit an informal, confidential discussion among counsel, the parties, and the settlement judge. The settlement judge may require settlement memoranda to be submitted either with or without service upon the other parties and counsel participating in the settlement conference, but such memoranda must neither be made a part of the record nor filed with the clerk of court. The settlement judge may not communicate to the trial judge to whom the case has been assigned the confidences of the conference, except to report whether or not the case has been settled. Such report must be made in writing, with copies to the parties and their counsel, within a reasonable time following the conference or within such time as the trial judge may direct. If the case does not settle, no oral or written communication made during the settlement conference may be used in the trial of the case or for any other purpose.

FED. R. CIV. P. 17 - PARTIES PLAINTIFF AND DEFENDANT; CAPACITY

No corresponding local rule.

FED. R. CIV. P. 18 - JOINDER OF CLAIMS AND REMEDIES

No corresponding local rule.

FED. R. CIV. P. 19 - JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION

No corresponding local rule.

FED. R. CIV. P. 20 - PERMISSIVE JOINDER OF PARTIES

No corresponding local rule.

FED. R. CIV. P. 21 - MISJOINDER AND NON-JOINDER OF PARTIES

No corresponding local rule.

FED. R. CIV. P. 22 - INTERPLEADER

No corresponding local rule; however, see DUCivR 67-1 for provisions on deposit of funds into the court registry.

FED. R. CIV. P. 23 - CLASS ACTIONS

DUCivR 23-1 DESIGNATION OF PROPOSED CLASS ACTION

(a) Caption.

In any case sought to be maintained as a class action, the complaint or other pleading asserting a class action must include within the caption the words, "Proposed Class Action."

(b) Class Allegation Section.

Any pleading purporting to commence a class action shall contain a separate section entitled "Class Action Allegations" setting forth the information required below in subsection (c).

(c) Class Action Requisites.

The class action allegation section shall address the following:
(1) The definition of the proposed class;
(2) The size of the proposed class;
(3) The adequacy of representation by the class representative;
(4) The common questions of law and fact;
(5) The typicality of claims or defenses of the class representative;
(6) The nature of the notice to the proposed class; and
(7) If proceeding under Fed. R. Civ. P. 23(b)(3), the additional matters pertinent to the findings as provided by that subdivision.

(d) Motion for Certification.

Unless the court otherwise orders, the proponent of a class shall file a motion for certification that the action is maintainable as a class action within ninety (90) days after service of a pleading purporting to commence a class action, including cross claims and counterclaims. In cases removed or transferred to this court, the motion shall be filed within ninety (90) days of the removal or transfer.

FED. R. CIV. P. 23.1 - DERIVATIVE ACTIONS BY SHAREHOLDERS

No corresponding local rule.

FED. R. CIV. P. 23.2 - ACTIONS RELATING TO UNINCORPORATED ASSOCIATIONS

No corresponding local rule.

FED. R. CIV. P. 24 - INTERVENTION

DUCivR 24-1 NOTIFICATION OF CLAIM OF UNCONSTITUTIONALITY

(a) An Act of Congress.

Whenever the constitutionality of any act of Congress affecting the public interest is, or is intended to be, drawn into question in any suit or proceeding to which the United States, or any of its agencies, officers, or employees, is not a party, counsel for the party raising or intending to raise such constitutional issue must promptly notify the clerk, in writing, specifying the applicable act or the provisions, a proper reference to the title and section of the United States Code if the act is included in it, and a description of the claim of unconstitutionality.

Upon receipt of such notice, the clerk on behalf of the court will file a certificate with the Attorney General of the United States in substantially the following form:

The United States District Court for the District of Utah hereby certifies to the Attorney General of the United States that the constitutionality of an Act of Congress, Title _________, Section __________, United States Code (or other description) is drawn into question the case of _____________________________ v. ____________________________, Case No. ______________, to which neither the United States, nor any of its agencies, officers, or employees, is a party. Under Title 28, section 2403(a) of the United States Code, the United States is permitted to intervene in the case for the presentation of evidence, if admissible, and for argument on the question of constitutionality.

The clerk will send copies of the certificate to the United States attorney for the District of Utah and to the district judge to whom the case is assigned.

(b) A Statute of a State.

Whenever the constitutionality of any statute of a state affecting the public interest is, or is intended to be, drawn into question in any suit or proceeding to which the state or any of its agencies, officers, or employees, is not a party, counsel for the party raising or intending to raise such constitutional issue must promptly notify the clerk, in writing, specifying the act or its provisions, a reference to the title and section of the statute, if any, of which the act is part, and a description of the claim of unconstitutionality.

Upon the receipt of such notice, the clerk on behalf of the court will file a certificate with the attorney general of the state in substantially the following form:

The United States District Court for the District of Utah hereby certifies to the Attorney General of the State of _____________, that the constitutionality of Title _______________, Chapter ___________, Section ____________, (or other description) is drawn in question in the case of ________________________________ v.________________________________, Case No. ____________, to which neither the State of _________________, nor any of its agencies, officers, or employees, is a party. Under Title 28, section 2403(b) of the United States Code, the State of _____________ is permitted to intervene in the case for the presentation of evidence, if admissible, and for argument on the question of constitutionality.

The clerk will send a copy of the certificate to the district judge to whom the case is assigned.

FED. R. CIV. P. 25 - SUBSTITUTION OF PARTIES

No corresponding local rule.

FED. R. CIV. P. 26 - GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY TO DISCLOSE

DUCivR 26-1 DISCOVERY REQUESTS AND DOCUMENTS

(a) Form of Responses to Discovery Requests.

Parties responding to interrogatories under Fed. R. Civ. P. 33, requests for production of documents or things under Fed. R. Civ. P. 34, or requests for admission under Fed. R. Civ. P. 36 must repeat in full each such interrogatory or request to which response is made. The parties also must number sequentially each interrogatory or request to which response is made.

(b) Filing and Custody of Discovery Materials.

(1) Filing. Unless otherwise ordered by the court, counsel must not file with the court the following:

(A) all disclosures made under Fed. R. Civ P. 26 (a)(1);
(B) depositions or notices of taking deposition required by Fed R. Civ. P. 30(b)(1);
(C) interrogatories;
(D) requests for production, inspection or admission;
(E) answers and responses to such requests; and,
(F) certificates of service for any of the discovery materials referenced in (A) through (E).

This section does not preclude the use of discovery materials at a hearing, trial, or as exhibits to motions or memoranda.

(2) Custody.

The party serving the discovery material or taking the deposition must retain the original and be the custodian of it.

DUCivR 26-2 EFFECT OF FILING A MOTION FOR PROTECTIVE ORDER

A party or a witness may stay a properly noticed oral deposition by filing a motion for a protective order or other relief by the third business day after service of the notice of deposition. The deposition will be stayed until the motion is determined. Motions filed after the third business day will not result in an automatic stay.

FED. R. CIV. P. 27 - DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

No corresponding local rule.

FED. R. CIV. P. 28 - PERSON BEFORE WHOM DEPOSITIONS MAY BE TAKEN

No corresponding local rule.

FED. R. CIV. P. 29 - STIPULATIONS REGARDING DISCOVERY PROCEDURE

No corresponding local rule.

FED. R. CIV. P. 30 - DEPOSITIONS UPON ORAL EXAMINATION

No corresponding local rule.

FED. R. CIV. P. 31 - DEPOSITIONS UPON WRITTEN QUESTIONS

No corresponding local rule.

FED. R. CIV. P. 32 - USE OF DEPOSITIONS IN COURT PROCEEDINGS

No corresponding local rule.

FED. R. CIV. P. 33 - INTERROGATORIES TO PARTIES

No corresponding local rule.

FED. R. CIV. P. 34 - PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES

No corresponding local rule.

FED. R. CIV. P. 35 - PHYSICAL AND MENTAL EXAMINATIONS OF PERSONS

No corresponding local rule.

FED. R. CIV. P. 36 - REQUESTS FOR ADMISSION

No corresponding local rule.

FED. R. CIV. P. 37 - FAILURE TO MAKE DISCLOSURE OR COOPERATE IN DISCOVERY: SANCTIONS

DUCivR 37-1 DISCOVERY: MOTIONS AND DISPUTES; REFERRAL TO MAGISTRATE JUDGE

(a) Informal Conference to Settle Discovery Disputes.

Unless otherwise ordered, the court will not entertain any discovery motion, except those motions brought by a person appearing pro se and those brought under Fed. R. Civ. P. 26(c) by a person who is not a party, unless counsel for the moving party files with the court, at the time of filing the motion, a statement showing that the attorney making the motion has made a reasonable effort to reach agreement with opposing attorneys on the matters set forth in the motion. Such statement must recite, in addition, the date, time, and place of such consultation and the names of all participating parties or attorneys.

(b) Motions to Compel Discovery.

Motions to compel discovery under Fed. R. Civ. P. 37(a) must be accompanied by a copy of the discovery request, the response to the request to which objection is made, and a succinct statement, separately for each objection, summarizing why the response received was inadequate.

(c) Discovery Motions Before Magistrate Judge.

Motions to compel discovery under Fed. R. Civ. P. 37(a) may be referred to a magistrate judge for hearing or disposition. The magistrate judge has authority to enter appropriate orders granting such motions and compelling discovery. In addition, the magistrate judge may make such protective order as the court is empowered to make on any motion under Fed. R. Civ. P. 26(c). The magistrate judge, however, may not enter any order which is dispositive of a substantive issue in the case except as permitted by 28 U.S.C. § 636(b)(1)(B) and (C) or § 636(b)(3). The magistrate judge may award expenses, costs, attorneys' fees, or other sanctions under a motion under Fed. R. Civ. P. 37(a). (The provisions of 28 U.S.C. § 636(b)(1)(A) cover review of magistrate judges' orders.)

FED. R. CIV. P. 38 - JURY TRIAL OF RIGHT

No corresponding local rule.

FED. R. CIV. P. 39 - TRIAL BY JURY OR BY THE COURT

No corresponding local rule.

FED. R. CIV. P. 40 - ASSIGNMENT OF CASES FOR TRIAL

No corresponding local rule; however, see DUCivR 83-6 for procedural requirements for enforceable stipulations regarding conduct of trials; also see DUCivR 83-2 for assignment of civil cases.

FED. R. CIV. P. 41 - DISMISSAL OF ACTIONS

DUCivR 41-1 SANCTIONS: FAILURE TO NOTIFY WHEN SETTLEMENT IS REACHED BEFORE A SCHEDULED JURY TRIAL

In any case for which a trial date has been scheduled, the parties must immediately notify the court of any agreement reached by the parties which resolves the litigation as to any or all of the parties. Whenever a civil action scheduled for jury trial is settled or otherwise disposed of by agreement in advance of the trial date, jury costs paid or incurred may be assessed against the parties and their attorneys as directed by the court. Jury costs will include attendance fees, per diem, mileage, and parking. No jury costs will be assessed if notice of settlement or disposition of the case is given to the jury section of the clerk's office at least one (1) full business day prior to the scheduled trial date.

DUCivR 41-2 DISMISSAL FOR FAILURE TO PROSECUTE

The court may issue at any time an order to show cause why a case should not be dismissed for lack of prosecution. If good cause is not shown within the time prescribed by the order to show cause, the court may enter an order of dismissal with or without prejudice, as the court deems proper.

FED. R. CIV. P. 42 - CONSOLIDATION; SEPARATE TRIALS

DUCivR 42-1 CONSOLIDATION OF CIVIL CASES

Whenever two or more cases are pending before different judges, any party may file a motion and proposed order to consolidate the cases for hearing by a single judge if the party believes that such cases or matters

(i) arise from substantially the same transaction or event;
(ii) involve substantially the same parties or property;
(iii) involve the same patent, trademark, or copyright;
(iv) call for determination of substantially the same questions of law; or
(v) for any other reason would entail substantial duplication of labor or unnecessary court costs or delay if heard by different judges.

The motion may be filed either with the judge assigned the low-number case or the judge assigned to the case for which consolidation is sought. If the motion is granted, the case will be consolidated into the case with the lowest number.

FED. R. CIV. P. 43 - TAKING OF TESTIMONY

DUCivR 43-1 COURTROOM PRACTICES AND PROTOCOL

(a) Conduct of Counsel.

(1) Only one (1) attorney for each party may examine or cross-examine a witness, and not more than two (2) attorneys for each party may argue the merits of the action unless the court otherwise permits.

(2) To maintain decorum in the courtroom, counsel will abide strictly by the following rules:

(A) Counsel will stand, if able, when addressing the court and when examining and cross-examining witnesses.
(B) Counsel will not address questions or remarks to opposing counsel without first obtaining permission from the court. Appropriate quiet and informal consultations among counsel off the record are permitted as long as they neither delay nor disrupt the proceedings.
(C) The examination and cross-examination of witnesses will be limited to questions addressed to the witnesses. Counsel must refrain from making statements, comments, or remarks prior to asking a question or after a question has been answered.
(D) In making an objection, counsel must state plainly and briefly the specific ground of objection and may not engage in argument unless requested or permitted by the court to do so. (E) Only one (1) attorney for each party may make objections concerning the testimony of a witness when being questioned by an opposing party. The objections must be made by the attorney who has conducted or is to conduct the examination or cross-examination of the witness.
(F) The examination and cross-examination of witnesses must be conducted from the counsel's table or the lectern, except when necessary to approach the witness or the courtroom clerk's desk for the purpose of presenting or examining exhibits.

(b) Exclusion of Witnesses.

On its own motion or at the request of a party, the court may order witnesses excluded from the courtroom so they cannot hear the testimony of other witnesses. This section of this rule does not authorize exclusion of the following: (i) a party who is a natural person; (ii) an officer or employee of a party that is not a natural person and who is designated as that party's representative by its attorney; or (iii) a person whose presence is shown by a party to be essential to the presentation of the case. Witnesses excluded pursuant to Fed. R. Evid. 615 need not be sworn in advance, but may be ordered not to discuss their testimony with anyone except counsel during the progress of the case. Unless otherwise directed by the court for special reasons, witnesses who have testified may remain in the courtroom even though they may be recalled on rebuttal. Unless otherwise directed by the court upon motion of counsel, witnesses once examined and permitted to step down from the stand will be deemed excused. Counsel are encouraged to make requests for exclusion only when necessary to ensure due process.

(c) Arguments.

The court will determine the length of time and the sequence of final arguments.

(d) Presence of Parties and Attorneys upon Receiving Verdict or Supplemental Instructions.

All parties and attorneys are obligated to be present in court when the jury returns its verdict or requests further instructions. Parties and attorneys in the immediate vicinity of the court will be notified, but the return of the verdict or the giving of supplemental instructions will not be delayed because of their absence. If, when notification is attempted, the parties and attorneys are not immediately available in the vicinity of the court, they will be deemed to have waived their presence at the return of the verdict or the giving of supplemental instructions requested by the jury.

FED. R. CIV. P. 44 - PROOF OF OFFICIAL RECORD

No corresponding local rule.

FED. R. CIV. P. 44.1 - DETERMINATION OF FOREIGN LAW

No corresponding local rule.

FED. R. CIV. P. 45 - SUBPOENA

DUCivR 45-1 PRIOR NOTICE OF SUBPOENA FOR NONPARTY

The notice of issuance of subpoena with a copy of the proposed subpoena that is (i) directed to a nonparty , and (ii) commands production of documents and things or inspection of premises before trial shall be served on each party as prescribed by Fed. R. Civ. P. 45(b)(1). Service under Fed. R. Civ. P. 5(b)(2)(A) shall be made at least five (5) days prior to service of the subpoena on the non party. Service on parties under Fed.R. Civ. P. 5(b)(2)(B),(C) or (D) shall be made at least eight (8) days prior to service of the subpoena on the non party. ⁴

FED. R. CIV. P. 46 - EXCEPTIONS UNNECESSARY

No corresponding local rule.

FED. R. CIV. P. 47 - SELECTION OF JURORS

DUCivR 47-1 IMPANELMENT AND SELECTION OF JURORS

(a) How Impaneled.

Unless the court otherwise directs, jurors will be impaneled in the following manner. Sufficient names will be drawn from the courtroom wheel to provide for the requisite number of jurors, to allow for the exercise of the number of preemptory challenges to which the parties are entitled (28 U.S.C. § 1870), and for such additional number as may be necessary to replace those successfully challenged for cause.

(b) Requests for Voir Dire Examination.

Unless the court otherwise orders, any special request for voir dire examination of the jury panel regarding the prospective jurors' qualifications to sit must be submitted in writing to the court and served upon the opposing party or parties at least two (2) full business days prior to the time the case is set for trial, unless the court's examination furnishes grounds for additional inquiry.

(c) Voir Dire Examination and Exercise of Challenges.

The court will examine the jury panel on voir dire and will permit suggestions from counsel for further examination. If any juror who is called to the box is excused for cause, another juror's name will be drawn when required in order to allow for all challenges. When the panel is accepted for cause, the courtroom clerk will present a list of the jurors in the order of their places in the box to counsel, who alternately will exercise or waive such challenges by appropriate indications on the list. Absent a stipulation of the parties to the contrary, the first twelve (12) jurors named on the list who remain unchallenged will constitute the jury.

DUCivR 47-2 COMMUNICATION WITH JURORS

(a) Communications Before or During Trial.

Unless otherwise ordered by the court, no person associated with a case before the court may communicate with a juror or prospective juror in the case, or with the family or acquaintances of such juror, either before or during trial, except in open court and in the course of the court proceedings. No person, whether associated with the case or not, may discuss with or within the hearing of any juror or prospective juror, any matter touching upon the case or any matter or opinion concerning any witness, party, attorney, or judge in the case.

(b) Communications After Trial.

The court will instruct jurors that they are under no obligation to discuss their deliberations or verdict with anyone, although they are free to do so if they wish. The court may set special conditions or restrictions upon juror interviews or may forbid such interviews.

FED. R. CIV. P. 48 - NUMBER OF JURORS-PARTICIPATION IN VERDICT

DUCivR 48-1 NUMBER OF JURORS; IMPANELING AND SELECTION OF JURY

In all civil cases, absent a stipulation of the parties to the contrary, the trial jury will consist of twelve (12) members, and the agreement of all twelve (12) members will constitute the verdict of the jury. The court for good cause, however, may excuse jurors from service during trial or deliberation, in which event the verdict still must be unanimous; no verdict will be taken from a jury of fewer than ten members.

FED. R. CIV. P. 49 - SPECIAL VERDICTS AND INTERROGATORIES

No corresponding local rule.

FED. R. CIV. P. 50 - JUDGMENT AS A MATTER OF LAW IN JURY TRIALS; ALTERNATIVE MOTION FOR NEW TRIAL; CONDITIONAL RULINGS

No corresponding local rule.

FED. R. CIV. P. 51 - INSTRUCTIONS TO JURY: OBJECTION

DUCivR 51-1 INSTRUCTIONS TO THE JURY

(a) Proposed Jury Instructions.

(1) Submission: Unless the court otherwise orders, proposed jury instructions must be served and filed with the court a minimum of two (2) full business days prior to the day the case is set for trial. The court in its discretion may receive additional written requests during the course of the trial. Individual instructions must address only one (1) subject, and the principle of law embraced in any instruction may not be repeated in subsequent instructions.

(2) Service: Unless the court otherwise orders, service copies of proposed instructions must be received by the adverse party or parties at least two (2) full business days prior to the day the case is set for trial.

(3) Format: Unless the court permits the submission of proposed jury instructions in electronic format, such instructions must be submitted in paper.

(A) Paper: When submitting proposed instructions on paper, counsel should provide two originals and one copy. In the first original and the copy, each proposed instruction must be numbered, must indicate the identity of the party presenting the same, and must contain citations of authority. In the second original, each proposed instruction must be without number and citation.

(B) Electronic: When submitting proposed instructions electronically, counsel may utilize any means acceptable to the judge to whom the case is assigned. For the court's permanent file, counsel also must submit a paper original in which each proposed instruction must be numbered, must indicate the identity of the party presenting the same, and must contain citations of authority.

(b) Ruling on Requests.

Prior to the argument of counsel, the court, in accordance with Fed. R. Civ. P. 51, will inform counsel of the court's proposed rulings in regard to requests for instructions. If any counsel believes that there has not been sufficient information from the court under Fed. R. Civ. P. 51, counsel should call the matter specifically to the attention of the court upon the record prior to final arguments before the jury.

(c) Objections or Exceptions to Final Instructions.

The jury will be instructed orally or in writing as the court may determine. As provided in Fed. R. Civ. P. 51, objections to a charge or objections to a refusal to give instructions as requested in writing must be made by stating such to the court before the jury has retired, but out of the hearing of the jury, specifying (i) the objectionable parts of the charge or the refused instructions; and (ii) the nature and the grounds of objection. Before the jury has left the box, but before formal exceptions to the charge are taken, counsel at the bench are invited to indicate to the court informally any corrections or explanations of the instructions that they believe were omitted due to the inadvertence of the court.

FED. R. CIV. P. 52 - FINDINGS BY THE COURT; JUDGMENT OF PARTIAL FINDINGS

No corresponding local rule; however, see DUCivR 54-1 for provisions regarding judgments, orders, and findings of fact and conclusions of law.

FED. R. CIV. P. 53 - MASTERS

No corresponding local rule.

FED. R. CIV. P. 54 - JUDGMENTS; COSTS

DUCivR 54-1 JUDGMENTS: PREPARATION OF ORDERS, JUDGMENTS, FINDINGS OF FACT AND CONCLUSIONS OF LAW

(a) Orders in Open Court.

Unless otherwise determined by the court, orders announced in open court in civil cases must be prepared in writing by the prevailing party, served within five (5) days of the court's action on opposing counsel, and submitted to the court for signature pursuant to the provisions of section (b) of this rule.

(b) Orders and Judgments.

Unless otherwise determined by the court, proposed orders and judgments prepared by an attorney must be served upon opposing counsel for review and approval as to form prior to being submitted to the court for review and signature. Approval will be deemed waived if no objections are filed within five (5) days after personal service or eight (8) days after service by mail.

(c) Proposed Findings of Fact and Conclusions of Law.

Except as otherwise directed by the court, in all non-jury cases to be tried, counsel for each party must prepare and lodge with the court, at least two (2) full business days before the day the trial is scheduled to begin, proposed findings of fact and conclusions of law consistent with the theory of the submitting party and the facts expected to be proved. Proposed findings should be concise and direct, should recite ultimate rather than mere evidentiary facts, and should be suitable in form and substance for adoption by the court should it approve the contentions of the particular party. Proposed findings also will serve as a convenient recitation of contentions of the respective parties, helpful to the court as it hears and considers the evidence and arguments and relates such evidence, or lack of it, to the salient contentions of the parties.

(d) Written Order Required for Voluntary Dismissals.

Dismissal of actions by plaintiff prior to the filing of an answer or dismissal by stipulation of all parties who have appeared in the action, pursuant to Fed. R. Civ. P. 41(a)(1), does not require an order of dismissal from the court. However, for clarity of the record, such dismissal should be evidenced by a court order that is prepared by counsel and submitted to the court or the clerk for signature pursuant to the provisions of section (b) of this rule or DUCiv R 77-2 of these rules.

See DUCivR 10-1 for format guidelines on preparing orders.

DUCivR 54-2 COSTS: TAXATION OF COSTS AND ATTORNEYS' FEES

(a) Bill of Costs.

Within twenty (20) days after the entry of final judgment, the party entitled to recover costs must file a bill of costs on a form available from the clerk of court, a memorandum of costs, and a verification of bill of costs under 28 U.S.C. § 1924. The memorandum of costs must (i) clearly and concisely itemize and describe the costs; (ii) set forth the statutory basis for seeking reimbursement of those costs under 28 U.S.C. § 1920; and (iii) reference and include copies of applicable invoices, receipts, and disbursement instruments. Failure to itemize and verify costs may result in their being disallowed. Proof of service upon counsel of record of all adverse parties must be indicated. Service of the bill of costs by mail is sufficient and constitutes notice as provided by Fed. R. Civ. P. 54(d).

(b) Objections to Bill of Costs.

Where a party objects to any item in a bill of costs, such objections must be set forth with any supporting affidavits and documentation and must be filed with the court and served on counsel of record of adverse parties within ten (10) days after filing and service of the bill of costs.

(c) Taxation of Costs.

Where no objections are filed, the clerk will tax the costs and allow such items as are taxable under law. Where objections are filed, a hearing may be scheduled at the discretion of the clerk to review the bill of costs and the objections to it. Costs taxed by the clerk will be included in the judgment

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH

RULES OF PRACTICE

TABLE OF CIVIL RULES

TABLE OF CRIMINAL RULES

Old/New Rule Reference Table

Appendix

Index to the District Court Rules of Practice

CIVIL RULES

FED. R. CIV. P. 1 - SCOPE AND PURPOSE OF RULES

DUCivR 1-1 AVAILABILITY AND AMENDMENTS

DUCivR 1-2 SANCTIONS FOR CIVIL RULE VIOLATIONS