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FILED IN UNITED STATES DISTRICT
COURT, DISTRICT OF UTAH
NOV 3 0 2017
B,p.MARKJONES,CLERK
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
IN THE MATIER OF ADOPTION OF GENERAL ORDER
AMENDED LOCAL RULES OF PRACTICE No.17w006
Proposed amendments to the local rules of practice were published for comment and
the comment period has expired. The court has reviewed the proposals and the comments.
IT IS HEREBY ORDERED that the following local rules be amended in accordance with the copy
attached:
DUCivR 5-1 Filing of Papers
Updates the rule to make clear that ewfiJing Is now required for
registered attorneys. Eliminates the requirement to file two
courtesy copies of motions and memoranda when the document
ls conventionally filed.
DUCivR 5-2 Filing Cases Un de~ Court Seal
For clarity, this rule now sets forth the procedure for filing cases
under court seal. The procedure for filing documents under court
seal is now addressed in DUCivR 5-3.
DUCivR 5-3 Filing Documents Under Court Seal
This rule was formerly contained In DUCivR 5~2. The amendment
discourages sealed filings and clarifies the procedure for filing
documents or portions of documents under court seal. The
amendment anticipates the upcoming change to allow attorneys
to electronically file sealed documents in civil cases.
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DUCivR 5.4 Habeas Corpus Petitions and Civil Rights Complaints
This rule has been renumbered from 5-3 to 5-4.
DUCivR 7·1 Motions and Memoranda
This rule h.as been updated to reflect the changes made to
DUCivR 56-1. There is now a word-count option so that parties
can choose between' a page limitation or a word-count limitation.
The rule also clarifies the sections of a motion and memoradum
that are excluded from these limitations. Eliminated reference to
DUClv 5-1, which previously
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required courtesy copies to be
delivered to the court. Added hyperlink to ECF Administrative
Procedures manual regarding courtesy copies.
DUClvR 7-4 Filings In All Actions Seeking Judicial Review of a Decision from
an Administrative Agency
This rule has been reorganized, combining sections (a) and (b)
Into one section so that the flllng requirements for Social Security
cases are similar to the filing requirements for other appeals from
administrative agencies.
· OUCivR 10·1 General Format of Papers
This rule now includes a statement that the use of 14-point font Is
encouraged.
DUClvR 15-:t Amended Complaints
Eliminates reference in this rule to FRCP 15-1 because there ls no
such federal rule.
DUCivR 26·1 Discovery Requests and Documents
Adds the category of Expert Disclosures to the list of documents
that must not be filed with the court but sets forth an alternative
requirement to provide expert names and subjects of expertise.
DUClvR 26-2 Standard Protective Order and Stays of Depositions
Clarifies the requirement to file a motion or stlpulated motion
when seeking protective order other than the standard form
protective order.
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DUClvR 30-1 Deposition Objections
This is a new rule requiring counsel to speclf!ca!ly Identify the
basis for an objection to the form of a question. Also clarifies that
the objection Is waived if not timely made at the time of the
question.
DUClvR 54-1 Judgments: Preparation of Orders, Judgments, Findings of Fact
and Conclusions of Law
Removes subsection (d), which required a written order for the
entry of voluntary dismissal under Fed. R. Civ. P. 41(a)(1). The rule
now comports with Tenth Circuit law.
DUClvR 56-1 Summary Judgment; Motions and Supporting Memoranda
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This rules has been significantly revised. Modifies the
requirements for briefing and providing supporting evidence.
Revises the page limits for all briefs.
DUCivR 72-2 Magistrate Judge Functions and Duties In Civil Matters
Corrects a previous oversight in the list of a magistrate judge's
Inherent authority to issue subpoenas and writs of habeas corpus
ad testificandum.
Access to Court Records
This rule has been updated to reflect the changes made in DUCivR
5~2 and 5-3 and to make clear that the clerk's office cannot
provide sealed documents to any person without a court order.
DUCivR 83-1.1 Attorneys-Admission to Practice .Law
Clarifies the instructions for non~resldent attorneys appearing on
behalf of the Department of Justice to file a notice of appearance
and receive a CM/ECF login, Amends the rule to apply to all non-
resident attorneys appearing on behalf of the United States and
on behalf of an Offlce of the Federal Public Defender outside of
this district to be admitted pro hac vice by filing a notice of
appearance consistent with the procedures for non-resident
attorneys appearing on behalf of the United States.
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Cameras, Recording Devices, and Broadcasts
Updates the rule to reflect the current policies regarding the
appropriate use of electronic devices with wireless
communication capability in the new courthouse. Clarifies the
procedure and requirements for the use of electronic devices In
courtrooms by credentialed members of the media.
Form Proposed Scheduling Order Form
Adds a separate deadline for expert disclosures and expert
reports.
LPR 2.1 Accused Instrumentality Disclosures
Removes reference to 11or other response 11 to clarify that within
seven (7) days after the defendant flies its answer, the party
claiming infringement must disclose a list identifying each
accused instrumentality.
LPR 2.2 Initial Disclosures
Removes references to "or other response" to clarify that the
filing of the answer triggers the t!m e frame In which Initial
disclosures are to be provided.
Sealing of Ex Parte Motions and Orders in Criminal Justice Act
Cases Relating to Trial Subpoenas and Appointment of Counsel
Removes the requirement that ex parte motions must be filed in
CJA cases for the appointment of experts, travel authorization,
and other extraordinary expenses, as these types of expenses are
now submitted through the court's e-Voucher system.
OUCrlmR 49w2 Filing Criminal Cases and Documents Under Court Seal
Removes portion of ryle requiring that DUCivR 5-2 (governing the
procedure for fl!lng documents under seal) applies in criminal
cases.
IT IS FURTHER ORDERED that the amended local rules as attached hereto shall be
adopted and become effective on December 1, 2017; and
IT IS FURTHER ORDERED that the Clerk of Court shall cause notice of the attached
amendments to the local rules to be published to the Bar and the public.
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Dated this ~day of November, 2017.
David Nuffer, 'thief Judge
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Jill N.'.P·arrish, District Judge
David Sam, Senior Judge
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· Tena Campbell, Senior JuJge
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