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FAQs

  • Who issues subpoenas in a civil case?

    Attorneys may issue subpoenas in civil cases. The clerk may issue subpoenas for non attorney pro se litigants.

  • Who issues summons in a civil case?

    The court issues a summons in a civil case. For additional information about a summons, please visit the Initiating a New Civil Case webpage.

  • What is the procedure for filing disclosures?

    Under the DUCivR 26-1, certain disclosures and discovery documents are not filed with the court unless required for specific purposes. This ensures only the necessary documents are filed with the court, while also maintaining compliance with the local rule. The following summarizes the filing requirements:

    1. Disclosures under Fed. R. Civ. P. 26(a)(1) and (2):
      • These disclosures (such as initial disclosures and expert disclosures) are not filed with the court at the time they are made. However, they may be filed later if they are used in connection with a hearing, trial, or as an exhibit to a motion, response, or reply.
    2. Notice of Deposition under Fed. R. Civ. P. 30(b):
      • Notices of deposition do not need to be filed with the court unless they are submitted for a hearing, trial, or motion-related purpose.
    3. Discovery Requests or Responses under Fed. R. Civ. P. 33, 34, or 36:
      • Discovery requests (interrogatories, requests for production, or requests for admission) and responses are not filed with the court at the time they are served. Like other discovery documents, they may be filed later if they are relevant for hearings, trials, or motions.
    4. Certificates of Service for Discovery Requests or Responses:
      • Certificates of service confirming that discovery documents were served on opposing parties are not filed with the court at the time of service, except as needed in connection with hearings or motions.
    5. Designations of Experts:
      • Designations of expert witnesses must be filed with the court, as required by the Federal Rules of Civil Procedure.

     

    Filing Exceptions:

    • Although these documents, with the exception of Designations of Experts, are not initially filed with the court, they can be filed for specific purposes, such as:
      • Use at hearings or trials.
      • As an exhibit to a motion, response, or reply.

    For additional guidance on the filing and service of disclosures and discovery documents, please refer to DUCivR 26-1 for more detailed rules and procedures.

  • Do you accept emailed documents?

    Not to be filed in the case. However, copies of proposed orders should be emailed to the judge's chambers. Complaints should be be emailed as part of case opening.

  • Do you accept faxed documents?

    Documents produced via facsimile transmission are not deemed acceptable.

  • What is the procedure for filing a new complaint?

    An attorney who is registered to use the District of Utah’s CM/ECF system may electronically file civil or miscellaneous cases. Electronically filing a case, however, will take coordination with the Clerk’s Office. An unrepresented party may file a new civil case by emailing, mailing, or delivering the cover sheet and initiating documents to the Clerk’s Office. For additional information, please visit the Initiating a New Civil Case webpage.

  • What are the requirements for preparing paper pleadings?

    The original document requires an original signature (preferably in blue ink), it should not be stapled or contain tabs, and should be flat and unfolded.

  • How many certificates of service do I file, when filing in paper?

    File only the original of any certificate of service. A copy for the judge is not necessary.

  • How do I submit proposed orders?

    Attorneys should email proposed orders as directed by the ECF Procedures Manual. Persons representing themselves should submit one copy of a proposed order prepared for the judge's signature.

  • How do I look up cases on your web site?

    Case information is available through PACER (Public Access to Court Electronic Records) at http://ecf.utd.uscourts.gov. A PACER login is available to any attorney or member of the public, with a $.10 per page fee for documents downloaded.

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