FILED
2023 DEC 1
CLERK
U.S. DISTRICT COURT
THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
IN THE MATTER OF ADOPTION OF GENERAL ORDER
AMENDED LOCAL RULES OF 23-012
PRACTICE FOR THE DISTRICT
COURT
Under 28 U.S.C. § 2071 and Fed. R. Civ. P. 83, proposed changes to the local
rules of practice were published for public comment in August and September 2023.
The court has considered the proposed rule changes, along with the public comments
that were received. The judges convened in September and October and approved
these rule changes:
CIVIL RULES
DUCivR 7-1 Motions and Memoranda (Amend)
The Committee received a comment requesting that clarifying
language be added to notify parties that informal arrangements
to extend the motion filing deadlines are ineffective. The court
must approve agreements to extend deadlines as required in
DUCivR 83-6. Therefore, section (a)(5) was added to clarify that
a stipulation to extend filing times is ineffective without a court
order.
DUCivR 7-4 An Action Seeking Judicial Review of a Decision from an
Administrative Agency (Amend)
Clarifying language was added to specify the sections of the rule
that apply to Social Security Actions under 42 U.S.C. § 405 and
refers those who electronically file to the ECF Procedures
Manual for guidance.
DUCivR 26-1 General Provisions Governing Discovery (Amend)
The Committee received a comment requesting clarifying
language be added to section (a)(1)(D) to notify parties that they
should not file a certificate of service for initial disclosures
discovery, expert disclosures, or notices of depositions.
Clarifying language was also added to section (a)(2) confirming
that parties should file a notice of designation of experts for
conflict purposes.
DUCivR 30-2 Notices Required for Depositions Under Fed. R. Civ. P.
30(b)(6) (Amend)
General stylistic clean up to improve clarity and readability. The
Committee received a comment suggesting use of the phrase
“notice or subpoena” to be consistent with Fed. R. Civ. P.
30(b)(6), and the phrase was added to the rule. The title and rule
were amended to include “subpoena.”
DUCivR 37-1 Discovery Disputes (Amend)
Section (b)(3) was amended to clarify that exhibits in addition to
the disputed discovery should not be attached. Section (b)(6)
was amended to clarify that a motion for leave to file an
overlength motion or response must adhere to the requirements
of DUCivR 7-1(a)(4)(D). Section (b)(7) was added to the rule to
clarify that a motion to quash a subpoena and a motion related
to the standard protective order are exempt from the short form
briefing requirements of DUCivR 37-1 and instead follow
DUCivR 7-1(a)(4)(D).
DUCivR 54-2 Costs: Taxation of Costs and Attorney’s Fee (Amend)
General stylistic clean up to improve clarity and readability.
Clarified a motion for attorney’s fees should be separate from a
Bill of Costs. Clarified the briefing requirements for the motion
and affidavit for motion for attorney’s fees. Additionally, specified
the briefing requirements related to a Bill of Costs and eliminated
the Clerk of Court’s ability to hold a hearing to resolve objections.
The title of the rule was revised to mirror the proposed
amendments.
DUCivR 55-1 Default and Default Judgments (Amend)
General stylistic clean up to improve clarity and readability.
Clarified that a Clerk’s Certificate of Default is not required when
a party seeks a default judgment as a sanction. Clearly identified
the briefing requirements for parties seeking a default judgment
for a sum certain. The title of the rule was revised to mirror the
proposed amendments.
DUCivR 56-1 Summary Judgment Motions and Memoranda (Amend)
The first sentence of section (b) was eliminated because the
Committee received a comment that some practitioners were
interpreting it to mean that a party could file only 1 summary
judgment motion during the pendency of the case. The rule was
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clarified to confirm parties should cite to the appropriate
appendices instead of the Statement of Undisputed Facts.
DUCivR 67-1 Receipt and Deposit of Registry Funds (Amend)
General stylistic clean up to improve clarity and readability. In
2015 and 2016, the court issued General Orders 15-002a and
16-007. These orders adopted local procedures to ensure
uniformity in the deposit, investment, and tax administration of
funds held in the court’s registry. Sections of General Order 16-
007 conflicted with this rule. Additionally, changes were made to
the Guide to Judiciary Policy related to when a court must accept
electronic fund transfers. The amendments to the rule supersede
the General Orders referenced above and clearly identify the
necessary information that must be contained in the court order
for depositing or withdrawing funds from the court’s registry.
DUCivR 71.1-1 Deposits in the Court Registry (Eliminate)
This rule is unnecessary because of the amendments to DUCivR
67-1.
DUCivR 72-3 Response to an Objection to a Magistrate Judge Decision
(Amend)
General stylistic clean up to improve clarity and readability.
Clarified the page or word limits for an objection and response.
The title of the rule was revised to mirror the proposed
amendments.
DUCivR 72-4 Consent to the Jurisdiction of the Magistrate Judge (Amend)
An amendment was made to section (b)(1)(A) to incorporate the
requirements of General Order 23-003 to exempt cases filed by
a party who is incarcerated from direct assignment to a
magistrate judge.
DUCivR 81-2 Removed Actions (Amend)
The court changed the requirements associated with filing the
Attorney Planning Meeting Report and proposed Scheduling
Order after removal. Section (d) has been amended to reflect the
current requirements for filing those documents with the court.
DUCivR 83-1.2 Attorneys – Annual Registration (Amend)
An amendment was made to section (d)(2) to incorporate the
requirements of General Order 23-005 to permit the court to set
the attorney reinstatement fee.
DUCivR 83-1.3 Attorneys – Appearances by Attorneys (Amend)
General stylistic clean up to improve clarity and readability.
Clarified that an attorney who signs a waiver of service has
entered a general appearance in the case and must be admitted
to practice before the court. Clarified that an attorney who has
accepted a limited scope pro bono assignment, at the court’s
request, on behalf of a party who is incarcerated does not need
to secure the party’s signature on the limited appearance.
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Clarified in section (c) that a federally recognized tribe may be
exempt from needing an attorney to appear on its behalf. In
section (e), clarified the requirements for an attorney to provide
the court with updated contact information. The title of the rule
was revised to mirror the proposed amendments.
DUCivR 83-1.4 Attorneys – Substitution and Withdrawal of Attorney
(Amend)
General stylistic clean up to improve clarity and readability.
The Committee received a comment requesting clarification
about what happens when an attorney withdraws leaving the
client unrepresented and without the client’s consent. Clarified
that when a trial date is pending and an attorney is being
replaced by new counsel, an attorney does not need to file a
motion for leave before withdrawing from the case.
DUCivR 83-1.5-1 Attorney Disciplinary Actions – General Provisions (Amend)
General stylistic clean up to improve clarity and readability.
Combined all attorney discipline rules and the reinstatement rule
in one rule. Established a process for the Clerk of Court to
impose reciprocal discipline, which an attorney may challenge by
filing a motion for relief from the Clerk’s order. If a motion to
challenge the Clerk’s order is filed, the Disciplinary Panel will
address the motion. Explained the various disciplinary authorities
the court may employ to assist in resolving an attorney
disciplinary matter. Section (f)(4) clarifies that an order of
discipline will be reflected in the attorney’s status in the court’s
public attorney directory. The title of the rule was revised to
mirror the proposed amendments. The rule will be renumbered
to DUCivR 83-1.7 to accommodate the renumbering of DUCivR
83-1.6 and 83-1.7.
DUCivR 83-1.5-2 Reciprocal Discipline (Eliminate)
This rule is unnecessary because of the amendments to DUCivR
83-1.5-1.
DUCivR 83-1.5-3 Criminal Conviction Discipline (Eliminate)
This rule is unnecessary because of the amendments to DUCivR
83-1.5-1.
DUCivR 83-1.5-4 Referral by a Judicial Officer (Eliminate)
This rule is unnecessary because of the amendments to DUCivR
83-1.5-1.
DUCivR 83-1.5-5 Attorney Misconduct Complaint (Eliminate)
This rule is unnecessary because of the amendments to DUCivR
83-1.5-1.
DUCivR 83-1.5-6 Committee on the Conduct of Attorneys (Eliminate)
This rule is unnecessary because of the amendments to DUCivR
83-1.5-1.
DUCivR 83-1.5-7 Evidentiary Hearing (Eliminate)
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This rule is unnecessary because of the amendments to DUCivR
83-1.5-1.
DUCivR 83-1.5-8 Reinstatement (Eliminate)
This rule is unnecessary because of the amendments to DUCivR
83-1.5-1.
DUCivR 83-1.6 Attorneys – Student Practice Rule (Renumbered)
This rule will be renumbered to DUCivR 83-1.5 because of the
changes to DUCivR because of the amendments to DUCivR 83-
1.5-1.
DUCivR 83-1.7 Conduct of an Unrepresented Party (Renumbered)
This rule will be renumbered to DUCivR 83-1.6 because of the
changes to DUCivR because of the amendments to DUCivR 83-
1.5-1.
DUCivR 83-5 Custody and Disposition of Trial Exhibits (Amend)
General stylistic clean up to improve clarity and readability.
Clarified the process for retention of hearing and trial exhibits by
the court and parties. The amendments are made to create
uniform retention and disposal of hearing and trial exhibits by the
court and parties.
CRIMINAL RULES
DUCrimR 5-2 Pretrial Service Reports (Amend)
General stylistic clean up to improve clarity and readability.
Identified a process in section (c) for the handling and filing of
documents the court receives related to the issue of detention
before the hearing. Eliminated the requirement in section (d) for
defense counsel and the government to destroy copies of the
reports. In section (e), clarified when the court may authorize
additional disclosure of the reports. The title of the rule was
revised to mirror the proposed amendments.
DUCrimR 32-1 Presentence Investigation Reports: Time, Objections,
Submission, Resolution of Disputes (Amend)
General stylistic clean up to improve clarity and readability.
Clarified the process for objecting to the Presentence
Investigation Report, which is modeled after the process in the
United States Sentencing Commission Guidelines. Identified a
process in section (b)(4) for the handling and filing of documents
the court receives related to sentencing before the hearing. The
title of the rule was revised to mirror the proposed amendments.
DUCrimR 41-1 Sealing of Fed. R. Crim. P. 41 Cases and Documents
(Amend)
The Committee received a request from the United States
Attorney’s Office to create a carve out from the motion
requirement if all that is being redacted is personal identifiers
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that are required to be redacted under Fed. R. Crim P. 49.1.
Section (a)(2) was created to address the United States
Attorney’s Office request.
DUCrimR 44-1 Right to and Assignment of Counsel (Eliminate)
This rule is unnecessary because case law and Fed. R. Crim. P.
44 sufficiently address a defendant’s right to counsel.
PATENT RULES
LPR Preamble Preamble (Eliminate)
Recommendation is to eliminate Preamble because it is
superfluous to the content that is already in the rules.
LPR 1 Scope of Rules and Sections (Amend)
General stylistic clean up to each section of the rule to improve
clarity and readability. Those stylistic changes are not
summarized. Added LPR 1.8 to replace LPR 3.5, which has
been eliminated. This new section clarifies the process for a
motion to stay pending reexamination or other post-grant
proceedings.
LPR 2 Patent Initial Disclosures and Sections (Amend)
General stylistic clean up to each section of the rule to improve
clarity and readability. Those stylistic changes are not
summarized. Section 101 ineligibility contentions were added to
LPR 2.4 in response to comments the Committee received.
LPR 3 Final Contentions and Sections (Amend)
General stylistic clean up to each section of the rule to improve
clarity and readability. Those stylistic changes are not
summarized. LPR 3.5 was eliminated.
LPR 4 Claim Construction Proceedings and sections (Amend)
General stylistic clean up to each section of the rule to improve
clarity and readability. Those stylistic changes are not
summarized. LPR 4.3(e) clarifies that a second deposition is not
available for witnesses who have been previously deposed,
which was part of the old LPR 4.2(a).
LPR 5 Expert Witnesses and Sections (Amend)
General stylistic clean up to each section of the rule to improve
clarity and readability. Those stylistic changes are not
summarized. Amended LPR 5.1 to provide 3 sets of expert
reports to be consistent with the changes to the proposed
Scheduling Order used in general civil litigation cases. Deleted
LPR 5.1(d) because it is redundant with the federal rule.
LPR 6 Dispositive Motions and Sections (Amend)
General stylistic clean up to each section of the rule to improve
clarity and readability. Those stylistic changes are not
summarized. Eliminated LPR 6.2 because it created
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unnecessary premature summary judgment briefing before the
court had ruled on the claim construction briefs.
LPR 7 Final Pretrial Conference and Sections (Amend)
General stylistic clean up to each section of the rule to improve
clarity and readability. Those stylistic changes are not
summarized.
Appendix Appendix (New)
Added as an illustrative display of the chronology of the LPR
deadlines and events.
Minor modifications were made to DUCrimR 5-2, 32-1, and 41-1 to specify that
certain documents—like an unredacted search warrant—must be filed under seal
unless the court orders otherwise.
In addition to the rules that were published for comment in August, the court
notified the public of its intent to update or introduce into practice the following court
forms:
FORMS
Attorney Planning Meeting Report – General (Amend)
General stylistic clean up to improve clarity and readability. Those stylistic changes are not
summarized. Adds statement regarding good cause to support the entry of the court’s
Standard Protective Order. Creates a process for utilization of a protective order that is not
the court’s Standard Protective Order. Adds option to clarify if the parties do not intend to
disclose information, documents, or other materials that will be designated as confidential.
Clarifies filing of notice of designation of experts, as required in DUCivR 26-1, to support
internal court conflict checks. Better aligns deadlines with court practices.
Attorney Planning Meeting Report – Patent (New)
Proposed Scheduling Order – General (Amend)
General stylistic clean up to improve clarity and readability. Those stylistic changes are not
summarized. Adds statement regarding good cause for entry of the court’s Standard
Protective Order. Clarifies filing of notice designation of experts, as required in DUCivR 26-
1, to support internal court conflict checks. Better aligns deadlines with court practices.
Proposed Scheduling Order Pre-Claim Construction – Patent (New)
Proposed Scheduling Order Post-Claim Construction – Patent (New)
Proposed Scheduling Order – Administrative Case Under DUCivR 7-4 (Amend)
General stylistic clean up to improve clarity and readability. Those stylistic changes are not
summarized.
Proposed Scheduling Order – ERISA (New)
Standard Protective Order (Amend)
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Complete rewrite and stylistic clean up to improve clarity and readability. Those stylistic
changes are not summarized. Clarifies who is allowed access to information, documents, or
other material that is designated as CONFIDENTIAL. Includes a revised Acknowledgement
and Agreement to be Bound for technical advisors to sign. Clarifies that an inadvertent
disclosure of attorney-client privileged or work-product protected information is not a waiver
of the privilege or protection. Imposing the inadvertence standard under Fed. R. Evid.
502(b) undermined the reason that Rule 502 was enacted, which was imposed for those
instances where no protective order is in place.
IT IS HEREBY ORDERED as follows:
(1) that the changes to the local rules are adopted;
(2) that the changes to the local rules are effective on December 1, 2023;
(3) that the Clerk of Court will publish the updated rules to the Federal Bar for the
District of Utah and post a copy on the court’s website by December 1, 2023;
and
(4) that the forms identified above are to be used in cases filed on or after
December 1, 2023, and are effective as of the same date.
SO ORDERED this 1st day of December 2023.
BY THE COURT:
_____________________________________
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
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