Utah Law Developments
| Publication year | 2014 |
| Pages | 24 |
| Citation | Vol. 27 No. 6 Pg. 24 |
November, 2014
Civil Procedure Committee Announces New Pilot Program
Jonathan O. Hafen, J.
An 2011, the Utah Supreme Court approved changes to the Rules of Civil Procedure intended to better achieve the long-standing objectives of URCP 1 - "the just, speedy and inexpensive determination of every action." In a word, the court sought to make discovery "proportional" to what was at stake in the litigation.
Since 2011, other states have followed Utah's lead, and in August 2013, the federal counterpart to Utah's Advisory Committee on the Rules of Civil Procedure submitted a package of proposed amendments to the Federal Rules of Civil Procedure, the centerpiece of which was to adopt "proportionality" requirements similar to those adopted in Utah. The relevant federal committees voted unanimously in favor of the changes earlier this year, and the amendments are currently awaiting approval by the United States Supreme Court. If the Supreme Court approves the proposed amendments, they will then go to Congress; if Congress takes no action, the amendments will take effect on December 1, 2015.
With proportionality as the new governing standard, Utah's Rules Committee continues to consider ways to improve the Rules. For example, some Utah lawyers have expressed concern that revised Rule 26 does not fit well with larger, complex cases. Such concerns have led the Committee to explore other options to achieve better outcomes in such cases.
Several national organizations are watching and studying efforts by Utah and other states to improve the discovery process. Data gathered thus far strongly suggest that early and active judicial case management is key to efficient litigation, particularly in complex cases. With this in mind, the Committee proposed, and the supreme court approved, a new pilot program for Tier Three cases in the Second, Third, and Fourth Judicial Districts.
Starting on January 1, 2015, all Tier Three cases randomly assigned to certain Judges in those districts will be part of the program. As soon as possible after the parties are known, the clerk will notify the parties that their case is part of the pilot program, that the default discovery limits apply, but that the judge will schedule a Rule 16 conference for purposes of entering a case management order, including discovery limits.
This Rule 16 conference will be held approximately twenty-eight days...
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