Governing Rules.
When a party seeks judicial review of an administrative agency’s decision under
an arbitrary and capricious or substantial evidence standard of review in civil
actions, the Federal Rules of Civil Procedure apply unless other law or these rules
require otherwise.1 Review of Social Security decisions is governed by the
Supplemental Rules for Social Security Actions under 42 U.S.C. § 405(g) and is not
covered by this rule, except for the formatting requirements in section 7-4(d)(4)
through (6). For the CM/ECF filing requirements for Social Security Actions, see
the ECF Procedures Manual for guidance.
Initial Filings.
(1) A complaint must include:
(A) identification of the final agency action or any part being
challenged;
(B) factual allegations supporting the grounds for the challenge; and
(C) the legal basis for subject-matter jurisdiction for the action.
(2) In response to a complaint, the agency must file one of the following
responsive documents within the time prescribed by statute, rule, or court
order:
(A) a motion to dismiss under Fed. R. Civ. P. 12(b); or
(B) a short and plain statement—
1 Advisory Committee Note: This provision is intended to clarify that the Federal Rules of Civil
Procedure govern other matters that arise in litigation challenging agency decisions, such as
amendments to complaints, motions to intervene, motions for injunctive relief, and other
matters not otherwise precluded by other law or rules.
Local Rules of Civil Practice - District of Utah Eff. December 2025
(i) admitting or denying that the decision, or any part of it, is
arbitrary and capricious or not supported by substantial
evidence; and
(ii) identifying any affirmative defenses.
(3) The following responsive pleadings are not allowed:
(A) an answer;
(B) a motion for judgment on the pleadings;
(C) a motion for summary judgment; or
(D) a motion to affirm or reverse the decision.
(4) If the agency files a motion to dismiss and the court denies that motion,
the agency must comply with section 7-4(b)(2)(B) within the time
prescribed by Fed. R. Civ. P. 12(a)(4)(A).
Scheduling Order.
(1) In lieu of an Attorney Planning Meeting Report under Fed. R. Civ. P. 26(f),
and within 14 days after the agency files its short and plain statement, the
parties must submit a proposed scheduling order that contains:
(A) a brief statement of—
(i) the claimed errors in the agency’s decision; and
(ii) the reasons the agency claims its decision was not arbitrary
and capricious or was supported by substantial evidence;
(B) dates by which the following will be filed—
(i) the indexed administrative record, if one has not already
been filed;
(ii) objections to the administrative record and responses;
(iii) any other motions;
(iv) an Opening Brief, which must be filed using the CM/ECF
event, “Motion for Review of Agency Action”;
Local Rules of Civil Practice - District of Utah Eff. December 2025
(v) an Answer Brief, which must be filed using the CM/ECF
event, “Memorandum in Opposition to Motion” and linked
to the “Motion for Review of Agency Action”; and
(vi) a Reply Brief, which is limited to addressing only those issues
raised in the Answer Brief, and which must be filed using the
CM/ECF event, “Reply Memorandum/Reply to Response to
Motion” and linked to the “Motion for Review of Agency
Action.”2
(2) The Scheduling Order will govern the filing deadlines for the parties’
respective briefs unless the court orders otherwise.
Brief Requirements.
(1) Fed. R. App. P. 28(a)(2), (3), (5) through (10) govern the Opening Brief;
(2) Fed. R. App. P. 28(b) governs the Answer Brief, except that it need not
follow the requirements of Fed. R. App. P. 28(a)(1) or (4);
(3) Fed. R. App. P. 28(c) governs the Reply Brief;
(4) The following page and word limits apply, unless, on showing of good
cause, the court orders otherwise:
(A) in a case seeking review of a Social Security Administration
Commissioner’s decision, Opening and Answer Briefs must not
exceed 7,750 words, and a Reply Brief must not exceed 3,875
words;
(B) in all other cases, brief length is governed by Fed. R. App. P.
32(a)(7); and
2 The parties must follow the proper naming and filing conventions to ensure that the
documents appear on the proper CM/ECF reports to assist the court in managing its docket
and tracking these filings.
Local Rules of Civil Practice - District of Utah Eff. December 2025
(C) word limits exclude the caption, face sheet, table of contents, table
of authorities, signature block, certificate of service, and exhibits.
(5) The formatting requirements of DUCivR 10-1 apply.
(6) Unless the court orders otherwise, the court will not consider additional
briefs.
