Utah Rules of Civil Procedure
Utah Rules of Civil Procedure lay down the court rules to should be followed by state courts in Utah. The rules govern civil actions. The rules are promulgated for the smooth and efficient functioning of state courts.
A civil action can be classified into various stages that include: pleading stage, discovery stage, trial stage, and judgment stage. According to Rule 3 of the Utah rules of civil procedure, a civil action commences with the filing a complaint with the court, or by service of a summons together with a copy of the complaint in accordance with Rule 4. A party who commences the action is called the plaintiff, and the opposite party is called the defendant. According to Rule 4, the summons shall be signed and issued by the plaintiff or the plaintiff’s attorney to the defendant(s).
Different types of pleadings in Utah courts include the: Complaint, Answer to Complaint, Counter claim, Reply to counterclaim, Cross claim, Reply to cross claim, Third party complaint and Third party answer. A complaint should be filed by the real party in interest. If the real party in interest is an unemancipated minor or insane or incompetent person, the person’s guardian must file the complaint. The courts, if found necessary will appoint a guardian ad litem to represent the unemancipated minor or insane or incompetent person.
Discovery is obtained by parties through:
- oral examination or written questions;
- written interrogatories;
- requests for admission;
- request for production of documents or other information;
- request for permission to enter into land or other property for inspection or other purpose; and/or
- physical and mental examinations.
After commencement of the action, a party may demand for trial by jury. A judgment is passed after trial. The judgment may include a decree or an order upon which an appeal is permissible. Generally, cost of litigation is adjudged to the prevailing party.