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LOCAL RULES OF PRACTICE INFORMATION

Organization

The local rules are organized into civil rules and criminal rules. The rules are numbered to correspond to the Federal Rule of Civil or Criminal Procedure which the local rule augments.

In addition, general rules on attorney admission, conduct and general court matters are included in the civil rules enacted to augment FRCP 83. The civil rules augment the criminal rules on issues where the criminal rules are silent.

Citation of Rules

The correct citation of the local rules are DUCiv R - # - # ( District of Utah Civil Rule FRCP number and rule number). One example is DUCiv R 56-1 augments the summary judgment rule and sets up some filing times and page lengths. Criminal rules follow the same convention - DUCrimR 1-1, for example.

Amendment Process

Federal Rules of Practice and Procedure

The process for approving modifications in the Federal Rules of Practice and Procedure are outlined on www.uscourts.gov/rules. Generally, amended rules are effective on December 1st of each year. These include civil, criminal, evidence, bankruptcy and appellate rules. The website has drafts of proposed rules at several stages of the adoption process and Advisory Committee Reports and Notes which are very useful in understanding the intent of the rule changes proposed.

Local Rules of Practice

Local Rules Committee

Attorney Gregory Phillips is the chair of the Local Rules Committee. Judicial members are District Judge Clark Waddoups and Magistrate Judge Evelyn J. Furse. Members include practicing attorneys Jared Bennett, Parker Douglas, Peter Donaldson, Gregory Phillips, Bretta Pirie, Robert Rice, Zachary Shields, Felice Viti and Heather White. Law clerk Anne Morgan is a member and Clerk of Court D. Mark Jones and Chief Deputy Louise York serve as staff. Suggestions and comments about the rules are welcomed by all committee members and will be submitted to the committee.

Process

The Local Rules Committee reviews the amendments to the Federal Rules to determine whether any of the local rules need to be amended to remain consistent. In addition, committee members may propose amendments to rules. The clerk's office and chambers may bring areas of confusion to the attention of the committee for review and possible rule modification. Members of the bar and public may submit proposals for rules revisions. A suggested format for bringing a possible amendment before the committee is found on the court's website.

The rules committee submits the proposed revisions to Chief Judge who distributes them to the judges. The judges will direct that the proposed revisions be published for comment. After the comment period has expired, the judges direct the committee consider the comments and review the proposed rules. The rules committee then reconsiders the proposed amendments and submits the rules back to the court for adoption. The judges may make further amendments upon independent review of the comments. By general order, the court adopts the rule amendments and sets the effective date.

Members of the bar are given notice of the changes and the amended rules are published to the web, legal publishers and a limited number of printed rules and rules on cd are made available to the bar and members of the public.

Rules Committee Schedule /Timetable

Meetings of the Rules Committee are generally the second Tuesday of each month.


Submitting Proposals

Proposals for amendments to the rules may be sent to the Clerk of Court, D. Mark Jones or any member of the Rules Committee. The proponent of a rule change should explain why the change is necessary or desirable. Submission of proposed language is very helpful to the Committee.