FILED
2021 DEC 1
CLERK
U.S. DISTRICT COURT
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
IN THE MATTER OF ADOPTION OF
AMENDED LOCAL RULES OF PRACTICE GENERAL ORDER
21-016
Proposed changes to the local rules of practice were published for public
comment in August, September, and November 2021. The court has considered the
proposed rule changes, along with the public comments that were received.
IT IS HEREBY ORDERED that following changes to the local rules are adopted:
CIVIL RULES
DUCivR 5-1 Filing and Electronic Notification (Amended)
Amended to eliminate the requirement that an unrepresented
party must file a motion to email documents to be filed in
CM/ECF. Clarified that an unrepresented party may register to file
documents with the court by emailing them to the Clerk’s Office
and that an unrepresented party may register to receive
electronic notification of case activity. Specified the process for
date-stamping a conventionally filed document and for
calculating a response date to a conventionally filed document.
General cleanup for clarity and to improve readability.
After receiving and reviewing a public comment, the Rules
Committee added an additional subsection about the process an
unrepresented party needs to follow to revoke email filing,
electronic notification, or both.
DUCivR 5-4 Habeas Corpus Petitions and Civil Rights Complaints (Amended)
Eliminated duplicative sections that are already contained in
DUCivR 3-2. General cleanup for clarity and to conform to current
practice.
DUCivR 5.2-1 Redacting Personal Identifiers (Amended)
General cleanup for clarity and to conform to current practice.
DUCivR 6-1 Filing Deadlines When Court Is Closed (Amended)
General clean up to improve readability. Eliminated the cross-
reference to DUCivR 77-2.
DUCivR 7-1 Motions and Memoranda (Amended)
The rule was restructured to improve readability and to enhance
clarity. Amendments were made to the page and word limit
requirements, to clarify that an overlength brief may not be filed
prior to obtaining an order allowing it, and to clarify how to
properly raise an evidentiary objection.
DUCivR 7-2 Citing Unpublished Opinions (Amended)
General cleanup for clarity and readability.
DUCivR 7-3 Request to Submit for Decision (Amended)
Clarifies that a request to submit a motion for decision is not
required. General cleanup for clarity and readability.
DUCivR 7-4 Filings in All Actions Seeking Judicial Review of a Decision from
an Administrative Agency (Amended)
The rule was restructured to improve readability and to enhance
clarity. The title sections are reflective of the process in which an
administrative appeal moves through the system. The
amendments clarify when the court will issue a scheduling order
and the corresponding federal appellate rules that practitioners
need to observe when preparing briefs.
DUCivR 7-5 Hyperlinks in Court Filings (Amended)
General cleanup for clarity and readability.
2
DUCivR 9-1 Allocation of Fault (Amended)
General cleanup for clarity and readability.
DUCivR 10-1 General Format of Papers (Amended)
General cleanup for clarity and readability.
DUCivR 23-1 Designation of Proposed Class Action (Amended)
General cleanup for clarity and readability. Clarified the process
for commencing and moving to certify a class action.
DUCivR 37-1 Discovery Disputes (Amended)
This rule has been revised for clarity and readability. The
proposed amended rule now instructs practitioners to file a short
form motion no later than 45 days after the parties make
reasonable efforts to resolve a discovery dispute or else the
motion may be automatically denied. Please refer to subsection
(b)(2)(C) of the proposed amended rule. In addition, the
proposed amended rule eliminates former subsection (9), which
required practitioners to include a copy of this rule with a
subpoena.
DUCivR 56-1 Summary Judgment: Motions and Supporting Memoranda
(Amended)
General cleanup for clarity and readability.
DUCivR 83-1.1 Attorneys – Admission to Practice (Amended)
Amended the Pro Hac Vice subsection to clarify that an attorney,
who is an active member in good stating in the bar of any state or
the District of Columbia and maintains a law office in Utah, may
practice in this court while awaiting admission to the Utah State
Bar. Also, identifies the steps a PHV attorney must take when
either admitted or denied admission to the Utah State Bar.
CRIMINAL RULES
DUCrimR 1-1 Scope and Availability; Amendments; Prior Rules (Amended)
Amended the rule title and used corresponding language from
DUCivR 1-1 for consistency between the rules. General cleanup
for clarity.
3
DUCrimR 1-2 Sanctions for Criminal Rule Violations (Amended)
General cleanup for clarity; used corresponding language to
mirror DUCivR 1-2 for consistency between the rules.
DUCrimR 5-1 Initial Appearance of Persons Under Arrest (Eliminated)
Eliminated the current rule. Federal Rule of Criminal Procedure 5
governs initial appearances.
DUCrimR 6-1 Returns of Grand Jury Indictments (Eliminated)
Eliminated the current rule. Federal Rule of Criminal Procedure 6
governs grand jury returns.
DUCrimR 9-1 Issuance of Arrest Warrants on Complaints (Eliminated)
Eliminated the current rule. Federal Rule of Criminal Procedure 9
governs arrest warrant or summons on an indictment or
information.
DUCrimR 11-1 Plea Agreement (Amended)
Deleted the confusing reference to restitution and removed
duplicative requirements already contained in the Federal Rule.
DUCrimR 17-1 Sealing of Ex Parte Motions and Orders in Criminal Justice Act
Cases Related to Trial Subpoenas (Amended)
General cleanup for clarity and to conform to current practice.
DUCrimR 17-2 Motions for Subpoenas of Documents and Objects (Amended)
General cleanup for clarity and readability. Identified the process
a party must undertake to notify the purported victim that their
personal or confidential information is being subpoenaed before
the court will issue the subpoena.
DUCrimR 20-1 Transfer Under Fed. R. Crim. P. 20 (Amended)
Changed the title. General cleanup for clarity and to conform to
current practice. Incorporates portions of DUCrimR 20-2.
DUCrimR 20-2 Transfer to the District for Pleas or Sentencing (Eliminated)
Consolidated into DUCrimR 20-1.
4
DUCrimR 30-1 Instructions to the Jury (Eliminated)
Eliminated the current rule. Federal Rule of Criminal Procedure
30 governs jury instructions, along with each judge’s trial order
on jury instructions.
IT IS FURTHER ORDERED that these new rules will take effect on December 1,
2021, and
IT IS FURTHER ORDERED that the Clerk of Court will publish the attached rules to
the Federal Bar for the District of Utah and post a copy on the court’s website.
Because of the current COVID-19 pandemic and to eliminate having to circulate
this Order to obtain each judge’s signature, the judges of this district unanimously voted
on October 21, 2021, to authorize Chief Judge Robert J. Shelby to sign this Order on
behalf of all the judges.
SO ORDERED this 1st day of December, 2021.
BY THE COURT:
_____________________________________
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
5
DUCivR 5-1 FILING AND ELECTRONIC NOTIFICATION
Electronic Filing.
Except as otherwise permitted in this rule, a party authorized to electronically file
must sign and file documents as required in the CM/ECF and Efiling
Administrative Procedures Manual (ECF Procedures Manual).
Email Filing and Electronic Notification of Case Activity.
(1) Unrepresented Parties.
(A) Registration for Email Filing and Electronic Notification. An
unrepresented party may register to email documents to the Clerk’s
Office for filing and to receive email notification of case activity.
(i) Form. To register, the party must send the Email Filing and
Electronic Notification Registration Form for Unrepresented
Parties to the Clerk’s Office. The form is available on the
court’s website, and it may be hand-delivered, mailed, or
emailed to the Clerk’s Office
(
[email protected]).
(ii) Certification. By signing the form, the party certifies that:
(a) documents will be emailed to the court in
appropriately sized PDF format consistent with the
requirements in the ECF Procedures Manual;
(b) documents will meet the redaction requirements
outlined in DUCivR 5.2-1, or the party will email a
motion to file the documents under seal consistent
with DUCivR 5-3, to the Clerk’s Office for filing;
(c) an appropriate electronic signature, as outlined in the
ECF Procedures Manual, will be used on all
documents;
(d) the formatting requirements outlined in DUCivR 10-1
and the ECF Procedures Manual will be followed;
(e) consent is given to receive by email all filings that are
required to be served under Fed. R. Civ. P. 5(a) and
77(d) and Fed. R. Crim. P. 49;
(f) service by email constitutes service under the above
rules, and the right to service by mail is waived;
(g) under Fed. R. Civ. P. 5, all documents will be served on
parties who are not served through the court’s
CM/ECF system using mail, hand-delivery, or some
other agreed-upon method;
(h) electronic notification requires a separate account
with Public Access to Court Electronic Records
(PACER), and PACER may require payment of fees to
view documents;
(i) a valid email address will be provided to receive court
communications and notices; and
(j) notification of any name, mailing address, or email
address changes will be immediately emailed to the
Clerk’s Office for filing.
(iii) Email Subject Line. When emailing documents to the Clerk’s
Office for filing, the subject line must include the case
number and document name.
(iv) Filing Date. Except for case-initiating documents, the filing
date for a document is the date the email is sent.
(v) Email Notification in All Cases. An unrepresented party who
registers to receive electronic notification of case activity will
automatically receive email notification in all cases in which
they are a party in this court.
(vi) Highly Sensitive Material. If a document contains highly
sensitive material, as defined in General Order 21-002, that
could be compromised by email transmission, then the
document must be hand-delivered or mailed to the Clerk’s
Office for filing.
(vii) Sanction. The court may, on its own or on a party’s motion,
revoke an unrepresented party’s ability to file by email
and/or receive electronic notice after a determination that
the privilege has been abused. If this occurs, the
unrepresented party will cease to receive email notification
of case activity in all cases in which they are a party.
Examples of circumstances when a party abuses the privilege
include repeatedly submitting:
(a) nonconforming documents or exhibits to the clerk for
filing;
(b) incomplete documents to avoid missing a deadline;
(c) documents that needlessly complicate the
proceedings or harass the court, the clerk, or the
opposing party; or
(d) documents containing viruses, worms, ransomware,
spyware, malware, or other files compromising the
security of the court’s computer systems.
(B) Registration for Electronic Notification (Without Email Filing). An
unrepresented party may register to receive electronic notification
of case activity without registering for email filing.
(i) Form. To register, the party must send the Email Filing
and Electronic Notification Registration Form for
Unrepresented Parties to the Clerk’s Office. The form is
available on the court’s website, and it may be hand-
delivered, mailed, or emailed to the Clerk’s Office
(
[email protected]).
(ii) Certification. In filing the form, the unrepresented party
consents to sections 5-1(b)(1)(A)(ii)(e)-(j) above.
(iii) Filing and Service. A party receiving electronic
notification must continue to file all documents in paper
and effectuate service consistent with the federal rules
and sections 5-1(b)(1)(A)(ii)(e)-(g) above.
(iv) Email Notification in All Cases. An unrepresented party
who registers to receive electronic notification of case
activity will automatically receive email notification in all
cases in which they are a party in this court.
(2) Attorneys.
(A) Exceptions to Electronic Filing. An attorney must email, mail, or
hand-deliver to the Clerk’s Office a document for filing when it:
(i) initiates a case;
(ii) is a proposed summons or writ; or
(iii) is to be filed in a sealed case.
(3) Filing Date. Except for case-initiating documents, the filing date of an
emailed document is the date the email is sent.
(4) Highly Sensitive Material. If a document contains highly sensitive material,
as defined in General Order 21-002, that could be compromised by email
transmission, then the document must be hand-delivered or mailed to the
Clerk’s Office for filing.
Revoking Email Filing or Electronic Notification.
To revoke email filing, electronic notification, or both, an unrepresented party
must send the Revocation of Email Filing or Electronic Notification Form for
Unrepresented Parties to the Clerk’s Office. The form is available on the court’s
website, and it may be hand-delivered, mailed, or emailed to the Clerk’s Office
(
[email protected]). The Clerk’s Office will docket a notice that
email filing, electronic notice, or both, has been revoked. When electronic
notification has been revoked, documents must be served on an unrepresented
party in paper or as otherwise agreed or ordered.
Paper Filing.
(1) Delivery. A document filed in paper must be delivered to the Clerk’s Office
in Salt Lake City as follows:
(A) in person during the business hours set forth in DUCivR 77-1; or
(B) by mail.
(2) Receipt by Clerk’s Office. Upon receipt of a paper document, the Clerk’s
Office will place a receipt date stamp on the document. The document will
be electronically filed as of the receipt date stamp.
(3) Courtesy Copy. A party does not need to provide a courtesy copy unless
specified on the Judge Information section of the court’s website. A party
must clearly label any courtesy copy on the caption page.
(4) Service.
(A) Service on Unrepresented Parties. A party filing a paper document
must serve a copy on any unrepresented party who does not
receive electronic notification of case activity.
(B) Calculation of Dates.
(i) A paper served and filed by U.S. mail is timely if the
postmark is on or before the last day for filing or service,
regardless of the receipt date stamp.
(ii) If the postmark is illegible or missing, the paper document is
presumed served and filed 3 days before the court’s receipt
date stamp.
(iii) The deadline to respond to a filed paper document will be
calculated from the Clerk’s Office receipt date stamp.
(iv) This rule does not affect the response time to a document
that is not filed but is served on a party (e.g., a response to a
discovery request, which is controlled by the Federal Rules of
Civil Procedure).
(5) Retention of a Paper Document. The Clerk’s Office will not retain a paper
document after it has been electronically filed.
Filing Deadline in Absence of Rule or Court Order.
When a filing deadline is not specified in an applicable rule or the court has
not set a deadline, a document related to a court proceeding must be filed a
minimum of 2 business days before the scheduled proceeding.
DUCivR 5-4 HABEAS CORPUS PETITIONS AND PRISONER CIVIL RIGHTS
COMPLAINTS
Forms.
Unless represented by counsel, an incarcerated party must use forms that are
substantially the same as those forms available from the Clerk of Court when
filing:
(1) habeas corpus petitions under 28 U.S.C. §§ 2254 or 2255;
(2) complaints under 42 U.S.C. §§ 1983 or 1985; or
(3) complaints under any other civil-rights statute, if a form is available.
Answers.
The responding party need not answer a petition for writ of habeas corpus filed
under 28 U.S.C. §§ 2254 or 2255 until the court notifies the parties that an
answer is required.
DUCivR 5.2-1 REDACTION OF PERSONAL IDENTIFIERS AND PROTECTED
INFORMATION
Redacting Personal Identifiers in Court Filings.
A party must redact the personal identifiers listed in Fed. R. Civ. P. 5.2 in every
court filing.
Redaction of Protected Information.
(1) A protective order entered under Fed. R. Civ. P. 26(c) may include a
redaction requirement for public filings.
(2) The court may, on its own or on a party’s motion, order redaction of
protected information in public court filings. When a party requests
redaction of protected information, they must proceed under DUCivR 7-1.
Reviewing Transcripts to Redact Personal Identifiers.
(1) Within 14 days after receiving notice that a court reporter has filed an
original transcript, a party must review the following transcript sections for
personal identifiers:
(A) opening and closing statements made on the party’s behalf;
(B) statements of the party;
(C) the testimony of any witnesses called by the party; and
(D) any other portion of the transcript if ordered by the court.
(2) If no redactions are necessary, no action is needed, and the transcript will
be electronically available on PACER 90 days after a court reporter files the
original transcript.
Procedure for Redacting Transcripts.
If redaction is required:
(1) within 21 days after receiving notice that a transcript has been filed, a
party must file a Notice of Intent to Request Redaction;
(2) within 42 days after receiving notice that a transcript has been filed, a
party must file a Redaction Request, specifically identifying the page and
line number and the specific redaction requested; and
(3) within 63 days after filing the transcript, a court reporter must make the
requested redactions and file the redacted transcript.
DUCivR 6-1 FILING DEADLINES WHEN COURT IS CLOSED
When the court is closed by order of the Chief Judge, a deadline that falls on that
day is extended to the next day the court is open.
DUCivR 7-1 MOTIONS AND MEMORANDA
Motion, Response, and Reply.
(1) Motion and Memorandum. Except as otherwise allowed by this rule, a
motion and memorandum must be contained in the same document and
include the following:
(A) an initial separate section stating succinctly the specific relief
sought and the grounds for the relief; and
(B) a recitation of relevant facts, supporting authority, and argument.
(2) Exception to the Requirement to Include Facts and Supporting Authority.
The requirement to include facts and supporting authority under section
7-1(a)(1)(B) does not apply to the following motions:
(A) to extend time for the performance of an act, whether required or
permitted, if the motion is made before the current deadline
expires;
(B) to continue a hearing or other court proceeding;
(C) to appoint a next friend or guardian ad litem;
(D) to substitute a party;
(E) for a settlement conference;
(F) for referral to or withdrawal from the court’s ADR program; and
(G) for approval of a stipulation between the parties.
(3) No Motion Within a Response or Reply. A party may not make a motion,
including a motion under Fed. R. Civ. P. 56(d), or a cross-motion in a
response or reply. Any motion must be separately filed. A cross-motion
may incorporate by reference the arguments contained in a response, if
applicable.
(4) Page and Word Limits and Filing Times. Unless the court orders otherwise
or the parties stipulate to shorter requirements, the following apply:
(A) Motions Filed Under Fed. R. Civ. P. 12(b), 12(c), or 23(c).
(i) A motion or a response may not exceed 25 pages or 7,750
words.
(ii) A reply may not exceed 10 pages or 3,100 words
(iii) A response to a motion must be filed within 28 days after
service of the motion.
(iv) A reply may be filed within 14 days after service of the
response.
(B) Motions Filed Under Fed. R. Civ. P. 56(a).
(i) A motion or a response may not exceed 40 pages or 12,400
words.
(ii) A reply may not exceed 20 pages or 6,200 words.
(iii) A response to a motion must be filed within 28 days after
service of the motion.
(iv) A reply may be filed within 14 days after service of the
response.
(C) Motions Filed Under Fed. R. Civ. P. 65.
(i) A motion or a response may not exceed 25 pages or 7,750
words.
(ii) A reply may not exceed 10 pages or 3,100 words.
(iii) A response to a motion must be filed within 14 days after
service of the motion.
(iv) A reply may be filed within 14 days after service of the
response.
(D) All Other Motions.
(i) A motion, response, or reply not specified above may not
exceed 10 pages or 3,100 words.
(ii) A response to a motion must be filed within 14 days after
service of the motion.
(iii) A reply may be filed within 14 days after service of the
response.
(5) Sections Applicable to Page or Word Limits and Certification Requirement.
(A) All headings, citations, quotations, and footnotes count toward the
page or word limit.
(B) The caption, face sheet, table of contents, table of authorities,
signature block, certificate of service, and exhibits do not count
toward the page or word limit.
(C) When a document exceeds the page limit, a party must certify at
the end of the document that the document complies with the
word limit (e.g., “I, [attorney’s name], certify that this [name of
document] contains [number of words] words and complies with
DUCivR 7-1(a)(4).”).
(6) Overlength Motion, Response, or Reply.
(A) Unless modified by the assigned judge in a court order or on their
“practices and procedures” page on the court website, a party must
first obtain a court order authorizing the additional pages or words
before filing a motion, response, or reply that exceeds the page or
word limits in section 7-1(a)(4). The motion must be filed, and the
order obtained, before filing the overlength motion, response, or
reply. The motion to exceed the page or word limit must include:
(i) the number of additional pages or words that are needed;
and
(ii) a statement of good cause why additional pages or words
are needed.
(B) An overlength motion, response, or reply must contain a table of
contents.
(7) Motion Seeking Relief Similar to Another Party’s Motion. Each party
seeking relief from the court must file a motion that identifies the relief
sought and grounds for the requested relief. A party may incorporate by
reference another party’s arguments in the party’s own motion, if
applicable, but filing a “Notice of Joinder” is improper.
(8) Additional Memoranda. Unless otherwise ordered, the court will not
consider additional memoranda.
Motion to Strike Evidence Improper; Evidentiary Objections Permitted.
(1) A motion to strike evidence offered in another party’s motion, response,
or reply is improper.
(2) If evidence is offered in a motion or a response, the response or reply may
include an objection to the evidence. In exceptional circumstances, the
objection may be filed as a separate document simultaneously with the
response or reply.
(3) If new evidence is offered in a reply, an evidentiary objection must be filed
within 7 days after service of the reply.
(4) A party may file a response to an evidentiary objection at the same time
any response or reply is due or no later than 7 days after the objection was
filed, whichever is later.
Supplemental Authority.
When pertinent and significant authority comes to the attention of a party before
the court has entered a decision on a motion, the party may file a Notice of
Supplemental Authority, which may not exceed 2 pages.
(1) The notice must contain, without argument, the following:
(A) a reference either to the page of the memorandum or to a point
argued orally to which the supplemental authority pertains; and
(B) the reasons why the supplemental authority is relevant.
(2) The court may decide a motion without waiting for a response to the
notice. If the court has not ruled on the motion, a party may file a
response, which may not exceed 2 pages, within 7 days after service of the
notice.
Supporting Exhibits.
When evidence is cited in a motion, response, or reply, the relevant portions of
the evidence must be attached or filed separately and contemporaneously with
the document.
Proposed Orders.
(1) When Required. A party must provide a proposed order when filing a
motion under section 7-1(a)(2) of this rule or when the court orders
otherwise.
(2) Filing Procedures. To file a proposed order, a party must:
(A) attach it as an exhibit to the motion; and
(B) email an editable copy of the proposed order, copied to other
parties or their counsel—
(i) for motions filed under DUCivR 77-2, to
[email protected]; and
(ii) for all other motions, to the assigned judge’s chambers.
Failure to Respond.
Except as provided in DUCivR 56-1(f), failure to respond timely to a motion may
result in the court granting the motion without further notice.
Oral Arguments on Motions.
The court may set any motion for oral argument. Otherwise, a party may request
oral argument on a motion and must show good cause. If oral argument is not
set, the court will determine a motion based upon the parties’ written
memoranda.
Summary Judgment.
This rule and DUCivR 56-1 apply to motions for summary judgment and related
memoranda.
Courtesy Copies.
The court may require a party to provide courtesy copies as described in the
court’s CM/ECF and Efiling Administrative Procedures Manual and on the Judge
Information section of the court’s website.
Sanctions.
Failure to comply with the requirements of this rule may result in the court
imposing sanctions, including:
(1) returning the document for resubmission in accordance with the rule;
(2) denial of the motion; or
(3) any other sanction that the court deems appropriate.
DUCivR 7-2 CITING UNPUBLISHED JUDICIAL DECISIONS
Permitted Citation.
(1) An unpublished decision is a judicial opinion, order, judgment, or other
written disposition that is designated “unpublished,” “not for publication,”
“non-precedential,” “not precedent,” or the like.
(2) A party may cite to an unpublished decision for its persuasive value or
under the doctrines of law of the case, claim preclusion, or issue
preclusion.
Citation Form.
A citation to an unpublished decision must include an appropriate parenthetical
notation stating that it is unpublished and a reference to an electronic database,
when possible (e.g., United States v. Keeble, No. 05-5190, 184 F. App'x. 756,
2006 U.S. App. LEXIS 14871 (10th Cir. June 15, 2006) (not selected for
publication); United States v. Gartrell, No. 2:04CR97 DB, 2005 WL 2265362 (D.
Utah Sept. 7, 2005) (unpublished).
Copies.
If an unpublished decision is not available in a publicly accessible electronic
database, a party must attach a copy to the filed document. Even if a decision is
publicly accessible, a party must provide a copy to the court or another party
upon request.
DUCivR 7-3 REQUEST TO SUBMIT FOR DECISION
Not Required.
A request to submit a motion for decision is not required.
If a Request Is Filed.
If a party files a request, it must state:
(1) the date the motion was filed;
(2) the date the response, if any, was filed;
(3) the date the reply, if any, was filed; and
(4) whether a hearing has been requested.
DUCivR 7-4 AN ACTION SEEKING JUDICIAL REVIEW OF A DECISION FROM AN
ADMINISTRATIVE AGENCY
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, the
Federal Rules of Civil Procedure apply unless other law or these rules require
otherwise.1
Initial Filings.
(1) In response to a petition for review, 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—
(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.
(2) If the action seeks review of a Social Security Administration
Commissioner’s decision, the agency must file the administrative record
along with the short and plain statement.
(3) The following responsive pleadings are not allowed:
(A) an answer;
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.
(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)(1)(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) the Opening Brief, which must be filed using the CM/ECF
event, “Motion for Review of Agency Action”;
(v) the 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.
Briefs Requirements.
(1) Fed. R. App. P. 28(a)(2), (3), (5)-(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 the court orders
otherwise on showing of good cause:
(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
(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.
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.
DUCivR 7-5 HYPERLINKS IN DOCUMENTS
Recommended.
The following hyperlinks are recommended in any document filed with the court:
(1) hyperlinks to portions of the same document or material elsewhere in
the court’s record; and
(2) hyperlinks to a government site or to legal authority from
recognized electronic research services, provided that a standard
citation form is also used to locate the authority.
Permitted.
A hyperlink to any other resource not identified in section 7-5(a)(2) is
permitted in any document filed with the court, provided that the party
inserting the hyperlink:
(1) downloads the content and files it in PDF format as an exhibit to the
document; or
(2) if the content cannot be filed electronically (e.g., an audio or video
recording), files a Notice of Conventional Filing as required by the CM/ECF
and Efiling Administrative Procedures Manual and attaches the content to
the notice.
DUCivR 9-1 ALLOCATION OF FAULT
(a) Filing Requirements.
Any party that seeks to allocate fault to a nonparty under Utah Code §§ 78B-5-
817 through 823, must file:
(1) a description of the factual and legal basis on which fault can be allocated;
and
(2) information known or reasonably available to the party that identifies the
nonparty, including name, telephone number, address, and employer. If
the identity of the nonparty is unknown, the party must state this in the
filing.
(b) Disclosure Requirements.
(1) If the information in section 9-1(a) is known when filing a responsive
pleading, a party’s responsive pleading must include it.
(2) If the information in section 9-1(a) is unknown when filing a responsive
pleading, a party must file a supplemental notice containing the
information within a reasonable time after the party discovers the factual
and legal basis on which fault can be allocated. The notice must be filed:
(A) by the deadline specified in the scheduling order, unless the court
orders otherwise on a motion and good cause shown; and
(B) in no event later than 90 days before trial.
DUCivR 10-1 FORMAT OF DOCUMENTS
Format Requirements.
(1) Paper and Margins. A document presented for filing must be single-sided
and formatted to 8½ x 11 inch plain, white paper with a top margin of at
least 1½ inches and remaining margins of at least 1 inch.
(2) Electronic Document. A document filed in CM/ECF must comply with the
latest version of the CM/ECF and Efiling Administrative Procedures
Manual.
(3) Font and Font Size. Font must be clearly legible and a minimum size of 12
point, including footnotes.
(4) Spacing. Text must be double-spaced, except for block quotes and
footnotes.
(5) Pagination. Document pages must be numbered consecutively.
(6) Contact Information and Caption. The first page of each document must
include contact information of the filer and a caption identifying the
document.
(A) Contact information to be listed in the upper left-hand corner
above the caption:
(i) counsel’s name and Utah State Bar number, 1 or if self-
represented, the party’s name;
(ii) counsel’s law firm name;
(iii) mailing address;
(iv) telephone number;
(v) email address;
1 An attorney who is an active member of the District of Columbia or a state bar other than the
Utah State Bar is not required to include a bar number.
(vi) the party that counsel represents; and
(vii) if counsel is entering a limited appearance, the words
“Limited Appearance” conspicuously placed.
(B) Case information to be included in the caption table:
(i) name of parties;
(ii) title of the document (e.g., Motion to Dismiss);
(iii) case number; and
(iv) the name of the assigned judge and referred magistrate
judge, if applicable.
Counsel’s Name and Utah State Bar Number (or Party’s Name if self-represented)
Law Firm Name
Mailing Address
Telephone
Email Address
Attorney for
(Limited Appearance, if applicable)
________________________________________________________________________
THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
JOHN DOE, TITLE OF DOCUMENT
Plaintiff,
v. Case No. ________________________
JANE DOE, (including assigned judge initials and
referred magistrate judge initials, if
Defendant.
applicable)
Assigned Judge
Referred Magistrate Judge (if applicable)
(7) Jury Demand. When a jury trial is permitted by rule or statute and the
party is requesting a jury, the words “JURY DEMANDED” should be placed
in capital letters in the caption of the initial pleading immediately below
the title;
(8) Signatures. Every document, excluding exhibits, must be signed by counsel
or the unrepresented party.
(A) Electronically filed documents may be signed with a scanned
signature or an electronic signature. An electronic signature must
comply with requirements in the latest version of the CM/ECF and
Efiling Administrative Procedures Manual.
(B) Counsel may sign a document for another attorney whose name
appears on the filing if the electronic signature indicates that the
attorney authorized the signature.
Exhibits.
Exhibits that accompany court filings must be separated by a cover page that
clearly identifies each exhibit. Exhibits attached to a judge’s courtesy copy must
include tabbed dividers.
Non-Conforming Documents.
The Clerk’s Office may require counsel or a self-represented party to refile
documents that do not conform to the requirements of this rule.
DUCivR 23-1 DESIGNATION OF PROPOSED CLASS ACTION
Caption.
The complaint or other pleading asserting a class action must include the words
"Proposed Class Action" in the caption.
Class Allegation Section.
The complaint or other pleading must contain a separate section setting forth the
following:
(1) the definition of the proposed class;
(2) the size of the proposed class;
(3) the adequacy of representation by the class representative;
(4) the common questions of law and fact;
(5) the typicality of claims or defenses of the class representative;
(6) the nature of the notice to the proposed class; and
(7) if proceeding under Fed. R. Civ. P. 23(b)(3), the facts addressing the
considerations listed in sections 23-1(c)(1)(A) through (D).
Motion for Certification.
(1) In any case involving a proposed class action, as part of the conference
required by Fed. R. Civ. P. 26(f), the parties must discuss and include in the
Attorney Planning Meeting Report the following:
(A) a proposed briefing schedule for a Motion for Class Certification;
(B) any departure from the page limits of DUCivR 7-1;
(C) whether discovery should be bifurcated to address the facts
necessary for a determination of the sufficiency of the class;
(D) whether the initial scheduling order should address only discovery
relevant to the Motion for Class Certification, with a subsequent
scheduling order to enter after determination of the certification
motion; and
(E) how the plan is consistent with the requirement in Fed. R. Civ. P.
23(c) that the certification question be decided “[a]t an early
practicable time after a person sues or is sued as a class
representative.” In the typical case, any class discovery should be
completed, and the Motion for Class Certification should be filed,
within 90 days after the parties’ Rule 26(f) conference.
(2) Unless otherwise agreed by the parties or ordered by the court, the filing
of a motion under Fed. R. Civ. P. 12(b) stays an obligation to file or respond
to a Motion for Class Certification until the Rule 12(b) motion is resolved.
DUCivR 37-1 DISCOVERY DISPUTES
Resolution Without Court Assistance.
(1) The parties must make reasonable efforts to resolve a discovery dispute
arising under Fed. R. Civ. P. 26-37 before seeking court assistance.
(2) At a minimum, those efforts must include a prompt written
communication sent to the opposing party:
(A) identifying the discovery disclosure or request(s) at issue, the
response(s), and specifying why those responses or objections are
inadequate, and;
(B) requesting to meet and confer, either in person or by telephone,
and including suggested dates and times.
Short Form Discovery Motion.
(1) If the discovery disputes remain after reasonable efforts, and the parties
need a court order to resolve the dispute, the parties (either individually
or jointly) must file a Short Form Discovery Motion, which should not
exceed 500 words exclusive of caption and signature block.
(2) The motion must:
(A) include a certification that states—
(i) the parties made reasonable efforts to reach agreement on
the disputed matters;
(ii) the date, time, and method of the reasonable efforts; and
(iii) the names of all participating parties or attorneys;
(B) include as exhibits to the motion a copy of the disputed discovery
request and any response; and
(C) be filed no later than 45 days after the prompt written
communication in section 37-1(a)(2) was sent to opposing counsel,
unless the court grants an extension of time for good cause. Failure
to meet these deadlines may result in automatic denial of the
motion.
(3) The opposing party must file its response 5 business days1 after the filing
of the motion, unless the court orders otherwise. The response must not
exceed 500 words, exclusive of caption and signature block.
(4) At the time of filing a motion or response, each party must email to
chambers and the opposing party a proposed order in a word processing
format.
(5) To resolve the dispute, the court may:
(A) set a hearing without waiting for a response to the motion;
(B) decide the motion after the opposing party has had an opportunity
to respond, either at a hearing or in writing; or
(C) request additional briefing and set a briefing schedule.
(6) Any request for overlength briefing must accompany, and not replace, the
substantive argument about the discovery dispute.
Expedited Consideration.
When filing its motion in CM/ECF, the moving party must first select the “Short
Form Discovery” event and then select “Expedite.”
1 This provision is not subject to the addition of 3 days provided by Fed. R. Civ. P. 6(d).
Discovery Dispute Conference.
The parties may request that the court conduct a discovery dispute conference
by contacting chambers or filing a stipulated one-page motion requesting a
discovery dispute conference, which includes suggested dates and times the
parties are available for the conference.
Deposition Disputes.
This rule does not apply to disputes arising during a deposition. Those disputes,
including those that arise under Fed. R. Civ. P. 30(d)(3), may be efficiently
resolved by contacting the assigned judge by phone.
Objection to Magistrate Judge’s Ruling.
(1) Fed. R. Civ. P. 72(a) and DUCivR 72-3 govern objections to the magistrate
judge’s oral or written ruling.
(2) When filing an objection, the party must seek expedited treatment.
DUCivR 56-1 SUMMARY JUDGMENT MOTIONS AND MEMORANDA
Compliance with DUCivR 7-1.
A motion for summary judgment, response, and reply must comply with DUCivR
7-1 in addition to the requirements in this rule.
Motion.
A party must address all summary judgment issues in a single motion. If a party
files more than one summary judgment motion at the same time, the court may
strike the motions and require that the motions be consolidated into a single
motion. A motion for summary judgment must be titled “Motion for Summary
Judgment,” be supported by an Appendix of Evidence, as described below in 56-
1(e), and include the following sections:
(1) Introduction and Relief Requested. A concise statement of each claim or
defense for which summary judgment is sought and a clear statement of
the relief requested.
(2) Background (Optional). An optional section to provide context for the
case, dispute, and motion. If included, this section should be placed
between the Relief Requested and the Statement of Undisputed
Material Facts sections. Factual summaries in the background section
need not be limited to undisputed facts and need not cite to evidentiary
support.
(3) Statement of Undisputed Material Facts. A concise statement of the
undisputed material facts that entitle the moving party to judgment as a
matter of law. Only facts necessary to decide the motion should be
included in this section. The moving party must cite with particularity the
evidence in the Appendix that supports each factual assertion.
(4) Argument. An explanation for each claim or defense, establishing,
under the applicable supporting authority, why the moving party is
entitled to judgment as a matter of law. The argument section should
include a statement of each claim or defense on which the party is
seeking summary judgment and supporting authorities. Any factual
citations must cite to the Appendix.
Response.
A response to a motion for summary judgment may be accompanied by an
Appendix, if applicable, and must include the following sections.
(1) Introduction. A concise summary explaining why summary
judgment should be denied.
(2) Background (Optional). An optional section to provide context for the
case, dispute, and motion. If included, this section should be placed
between the Introduction section and the Response to Statement of
Undisputed Material Facts section. Factual summaries in the background
section are not limited to undisputed facts and do not need to cite to
evidentiary support.
(3) Response to Statement of Undisputed Material Facts. A party must
restate only those specific facts the opposing party contends are
genuinely disputed or immaterial, providing a concise statement
explaining why the fact is disputed or immaterial and a citation to the
evidence used to refute the fact. The responding party should not
restate undisputed facts. If a fact is inadmissible, the responding party
must object, as provided in DUCivR 7-1(b), rather than moving to strike
the inadmissible fact. Any factual citations must reference the
appropriate Appendix.
(4) Statement of Additional Material Facts (if applicable). If additional
material facts are relevant to show that there is a genuine dispute of
material fact, the party must state each additional fact and cite with
particularity to the Appendix that contains the supporting evidence. Do
not include duplicate copies of evidence already in the record. Instead,
the party must cite to evidence in a previously filed Appendix.
(5) Argument. An explanation for each claim or defense, establishing, under
the applicable supporting authority, why summary judgment should be
denied. Any factual citations must cite to the appropriate party’s
Statement of Undisputed Material Facts.
Reply.
The moving party may file a reply. In the reply, a party may cite to evidence that
was not previously cited only to rebut a claim that a material fact is in dispute.
Otherwise, a reply may not contain additional evidence, and, if it does, the court
may disregard it.
Appendix of Evidence.
(1) All evidence cited to in a motion, response, or reply must be compiled in
an appendix. Do not include duplicate copies of evidence already in the
record. Instead, the party must cite to evidence in a previously filed
Appendix.
(2) The Appendix must:
(A) include a captioned, cover-page index that—
(i) lists each exhibit by number;
(ii) includes a description or title of the exhibit; and
(iii) identifies the source of the exhibit;
(B) include complete copies of all exhibits, including deposition
transcripts. For lengthy deposition transcripts, the party may
submit the relevant pages of the deposition and the 4 pages
before and 4 pages after the sections cited. Manuscript transcripts
are permitted, unless otherwise ordered by the court.
Failure to Respond.
When a party fails to timely respond, the court may grant the motion without
further notice if the moving party has established that it is entitled to judgment
as a matter of law.
DUCivR 83-1.1 ATTORNEYS - ADMISSION TO PRACTICE
Attorney Admission.
(1) Eligibility. An attorney who is an active member in good standing of the
Utah State Bar is eligible for admission to this court’s bar.
(2) Application. An eligible attorney must complete an online application
using Public Access to Court Electronic Records (PACER).
(3) Pro Bono Service Requirement. By applying to become a member of this
court’s bar, an attorney agrees to accept a reasonable number of pro bono
assignments when requested by the court, except when the attorney is
employed by a government agency that precludes accepting pro bono
assignments.
(4) Admission Fee. Once the court reviews an application and verifies the
attorney’s membership status with the Utah State Bar, the court will send
to the attorney an email containing a link to pay the admission fee. The
admission fee must be paid within 30 days from the date of the email or
the application will be denied, and the attorney must complete a new
application.
(5) Active Membership Status. An attorney who is admitted to this court’s bar
must renew membership as set forth in DUCivR 83-1.2. After an attorney is
admitted, the attorney is not required to pay the annual registration fee
until at least 12 months have passed since admission.
Federal Attorney Admission.
(1) Eligibility. An attorney employed by the United States, its agencies, or the
Federal Public Defender’s Office, who is an active member and in good
standing in the bar of any state or the District of Columbia, may practice in
this district in the attorney’s official capacity.
(2) Application. An eligible federal attorney must complete an online
application using PACER.
(3) Pro Bono Service Requirement. A federal attorney is exempt from the
court’s pro bono service requirement.
(4) Fees. A federal attorney is exempt from paying the admission and annual
registration fees.
Pro Hac Vice Admission.
(1) Eligibility. An attorney (PHV Applicant) who is neither an active member of
the Utah State Bar nor a Federal Attorney but who is an active member in
good standing in the bar of any state or the District of Columbia may be
admitted pro hac vice for the limited purpose of appearing in a case in this
district.
(A) Restrictions on Pro Hac Vice Admission. Pro hac vice admission is
not available to any attorney who:
(i) is a member of the Utah State Bar;
(ii) except as provided in section 83-1.1(c)(1)(B), maintains any
law office in Utah; or
(iii) has already been admitted pro hac vice in 3 unrelated cases
in the previous 5 years in this district, unless the court finds
good cause for the attorney not seeking admission to the
Utah State Bar.
(B) Exemption from Restrictions. A PHV Applicant who is an active
member in good standing in the bar of any state or the District of
Columbia and who maintains a law office in Utah may be admitted
pro hac vice while awaiting admission to the Utah State Bar. Within
45 days after notice from the Utah State Bar of admission, denial of
admission, or, under a Utah State Bar admission rule, upon
termination of eligibility to practice, the PHV Applicant must—
(i) when admitted, apply for Attorney Admission under section
83-1.1(a) and pay the required admission fee; or
(ii) when denied admission or upon termination of eligibility to
practice, cease practicing law in this court under section 83-
1.1(c)(1) and:
(a) send a notice of admission status to the Clerk’s Office
(
[email protected]); and
(b) file a withdrawal of counsel or a substitution of
counsel in every case in which the PHV Applicant has
appeared.
(2) Local Counsel. The PHV Applicant must associate with an active, local
member (Local Counsel) of this court’s bar who resides in the State of
Utah. Local Counsel must:
(A) file a motion seeking pro hac vice admission for the PHV Applicant;
(B) attach the application and a proposed order as exhibits;
(C) consent to appear in the matter; and
(D) pay the pro hac vice admission fee at the time of filing the motion
An attorney admitted pro hac vice may not appear without Local Counsel,
unless the court orders otherwise.
(3) Objection to PHV Admission. A party opposing pro hac vice admission
must file an objection within 14 days of the filing of the motion, even if the
court has granted the motion. Local Counsel or the PHV Applicant need
not file a response after an objection is filed unless ordered to do so by the
court.
(4) Revocation of PHV Admission. The court may revoke a PHV Attorney’s
admission for good cause shown, including but not limited to, violation of
this court’s rules or failure to comply with court orders.
Rules and Conduct.
(1) An attorney who practices in this court must comply with the Local Rules
of Practice, CM/ECF and Efiling Administrative Procedures Manual, Utah
Rules of Professional Conduct, and Utah Standards of Professionalism and
Civility. An attorney’s conduct and professionalism are governed by these
rules and the manual.
(1) An attorney who practices in this court must register to efile and receive
electronic notifications of case activity.
(2) An attorney who practices in this court must maintain valid and current
contact information, including mailing, email, and telephone, in PACER.
DUCrimR 1-1 SCOPE; AVAILABILITY; NOTICE OF RULE CHANGES; EFFECT ON
PENDING CASES
(a) Scope.
These rules apply in all criminal proceedings conducted in the District of Utah.
(b) Availability.
DUCivR 1-1(a) governs access to copies of these rules.
(c) Notice and Public Comment.
DUCivR 1-1(b) governs the court’s process for a public comment period on
proposed substantive rule changes and providing notice of adopted changes.
(d) Effect on Pending Cases.
DUCivR 81-1(b) governs the effect of rule changes on pending proceedings.
DUCrimR 1-2 SANCTIONS FOR CRIMINAL RULE VIOLATIONS
On a party’s motion or on its own, the court may impose sanctions against an
attorney, a party, or both for violating these rules. Sanctions include costs, reasonable
attorney’s fees, a fine, a combination of these, or any other sanction the court deems
appropriate.
DUCrimR 11-1 PLEA AGREEMENT
(a) Plea Agreement.
In addition to the requirements of Fed. R. Crim. P. 11, a plea agreement in a
felony case must be in writing and signed by the government, defense counsel,
and the defendant. The plea agreement must be accompanied by a written
stipulation of facts relevant to a plea of guilty.
(b) Cooperation Agreement.
A cooperation agreement must be in writing and signed by the government,
defense counsel, and the defendant. The government will retain the agreement.
DUCrimR 17-1 SEALING OF EX PARTE MOTIONS AND ORDERS IN CRIMINAL JUSTICE
ACT CASES RELATING TO WITNESS SUBPOENAS
A defendant’s ex parte motion for a subpoena under Fed. R. Crim. P. 17(b) must
be filed under seal. The Clerk’s Office must also file the related order under seal and
send a copy to the moving party.
DUCrimR 17-2 MOTION FOR SUBPOENA FOR DOCUMENTS AND OBJECTS
(a) A party who seeks documents or objects from a witness, regardless of whether
the party has retained or appointed counsel or is self-represented, must file a
motion for a subpoena under Fed. R. Crim. P. 17(c). A party may file the motion
ex parte and under seal, in which case, the docket entry will identify the motion
as SEALED EX PARTE MOTION.
(b) The motion must include:
(1) a description of the specific material requested;
(2) an explanation of the following—
(A) the likelihood of admissibility of the material requested;
(B) why the material is unavailable through other means; and
(C) why the matter cannot be adequately prepared without the
material;
(3) one of the following representations—
(A) the subpoena does not seek a victim’s personal or confidential
information;
(B) the movant does not know whether the subpoena seeks a victim’s
personal or confidential information; or
(C) the subpoena expressly seeks a victim’s personal or confidential
information; and
(4) a copy of the proposed subpoena attached as an exhibit.
(c) If the court concludes that a subpoena should issue that expressly seeks a
victim’s personal or confidential information, the following steps will be taken,
absent exceptional circumstances:
(1) the court will enter an order directing the Clerk’s Office to provide the
contact information of the victim or the victim’s legal representative to the
movant;
(2) the movant must serve the victim or the victim’s legal representative,
under Fed. R. Crim. P. 49, with a written notice that includes the
following—
(A) a copy of the proposed subpoena;
(B) a statement that the victim has the right to file a sealed motion to
quash or modify or otherwise object to the subpoena within 14
days after service of the notice;
(C) a copy of DUCrimR 17-2; and
(D) a copy of Fed. R. Crim. P. 17;
(3) if a motion or objection is filed within 14 days after service, the subpoena
will not issue until further order of the court;
(4) if a motion or objection is not filed within 14 days after service, the
movant must file a sealed ex parte certificate of compliance with
DUCrimR 17-2(c)(2) and request that the court grant the motion and direct
the Clerk’s Office to issue the subpoena; and
(5) the Clerk’s Office will issue the subpoena to the movant for service.
DUCrimR 20-1 TRANSFER FOR PLEA AND SENTENCE
(a) Case Assignment.
If a case is transferred to the District of Utah under Fed. R. Crim. P. 20(a) and the
defendant has a case pending in this district, then the transferred case will be
assigned to the judge presiding over the pending case. Otherwise, the Clerk’s
Office will randomly assign the case.
(b) Scheduling.
The government must contact the court to schedule further proceedings in the
transferred case.
