Lotus Appellate Law
Utah Rules of Civil Procedure: Filing Deadlines & Procedural Timeline
Civil litigation deadlines in Utah are important. Miss the window to answer a complaint and you face default. Fail to respond to requests for admission and the facts are deemed admitted. Let discovery close without proper disclosures and your evidence may be excluded at trial.
This filing deadline timeline compiles every deadline and procedural requirement across all phases of Utah civil litigation.
URCP Filing Deadlines
Fixed deadline — specific day count required
No fixed deadline — rule applies but timing is discretionary, event-triggered, or “timely”
Filter by phase
Filter by rule number
Service & Commencement
10 days
File complaint, summons & proof of service after Rule 3(a)(2) service
If action commenced by serving summons before filing, complaint must be filed within 10 days of service or the action is deemed dismissed and the court loses jurisdiction.
10 days
Pay dishonored filing fee by cash or cashier’s check
If a check or other payment tendered as a filing fee is dishonored, the party must pay by cash or cashier’s check within 10 days after notification by the court.
120 days
Serve summons & complaint on defendantDismissal Risk
Must serve no later than 120 days after complaint is filed. Failure may result in dismissal without prejudice on motion of any party or court initiative.
No deadline
Methods of service — personal, mail, commercial courier, acceptanceProcedural
No fixed deadline; governs how service must be accomplished. Personal service, mail/courier with signed receipt, and acceptance of service are the authorized methods. Service in a foreign country governed by international agreements or court order.
No deadline
Duty of parties to avoid unnecessary service expensesProcedural
All parties have an ongoing duty to avoid unnecessary expenses of serving the summons and complaint. Acceptance of service eliminates those costs.
No deadline
File proof of serviceProcedural
Person effecting service must file proof of service stating date, place, and manner of service, including a copy of the summons. Failure to file does not affect validity of service; court may allow amendment.
Before filing
Serve document on all parties before or same day as filingProcedural
All documents filed with the court must be served before or on the same day they are filed. Exception: if hearing is within 7 days of service, use the method most likely to be promptly received.
+7 days
Mail service extension — added to any triggered response period
When service is made exclusively by mail under Rule 5(b)(3)(C)(i), 7 additional days are added to any response period triggered by that service.
Pleadings
No deadline
File complaint to commence actionProcedural
A civil action is commenced by filing a complaint with the court. No deadline set by rule — subject to applicable statutes of limitation.
21 days
Defendant’s answer — in-state serviceDefault Risk
Must file and serve answer within 21 days of service of summons and complaint within Utah.
30 days
Defendant’s answer — out-of-state serviceDefault Risk
Must file and serve answer within 30 days after service outside of Utah.
21 days
Answer to crossclaim or counterclaim
Party served with a crossclaim or counterclaim must answer within 21 days of service.
14 days
Responsive pleading after Rule 12 motion denied or continued
If court denies or postpones a Rule 12 motion, responsive pleading must be served within 14 days after notice of the court’s action.
14 days
Responsive pleading after more definite statement granted
Must serve responsive pleading within 14 days after service of the more definite statement. If not obeyed, court may strike the pleading.
No deadline
Rule 12(b) defenses — raise by motion before pleading or in pleadingProcedural
Defenses (lack of jurisdiction, improper venue, insufficient process, failure to state a claim, etc.) may optionally be raised by motion before pleading. A motion raising any of these defenses must be made before the responsive pleading if one is required. Failure to raise waives most defenses.
21 days
Amendment of pleading as of right — after serving original
A party may amend once as of right within 21 days after serving the pleading.
21 days
Amendment of pleading as of right — after responsive pleading or Rule 12 motion
Where responsive pleading is required, amendment as of right within 21 days after service of responsive pleading or Rule 12(b)/(e)/(f) motion, whichever is earlier.
Court permission
Amendment of pleading — after as-of-right period expiresLeave Required
After the as-of-right window closes, a party may amend only with court permission or opposing party’s written consent. Court should freely grant permission when justice requires. Proposed amended pleading must be attached to the motion.
14 days
Response to amended pleading
Response due within time remaining on original pleading, or 14 days after service of amended pleading, whichever is later.
No deadline
Amendment during/after trial to conform to evidenceAny time
A party may move at any time — even after judgment — to amend pleadings to conform to evidence tried by the parties’ express or implied consent. Failure to amend does not affect the result of trial on that issue.
No deadline
Compulsory counterclaim — must be pleaded or is waivedWaiver Risk
A pleading must state as a counterclaim any claim arising out of the same transaction or occurrence as the opposing party’s claim. No fixed deadline, but failure to assert waives the claim. Exceptions: claim is subject of another pending action, or court lacks personal jurisdiction over pleader.
14 days
Third-party complaint — without leave of court
Defendant may file a third-party complaint without leave if filed no later than 14 days after serving the original answer. After that window, leave of court on noticed motion is required.
21 days
Motion to strike pleading
If no responsive pleading is permitted, motion to strike must be made within 21 days of service of the pleading.
30 days
File undertaking — security for costs (nonresident plaintiff)Dismissal Risk
If ordered by court, nonresident plaintiff must file a $300 undertaking within 30 days. Failure = mandatory dismissal on defendant’s motion.
Parties, Joinder & Substitution
Timely motion
Intervention — motion must be timelyTimeliness Required
Motion to intervene as of right or permissively must be timely. No fixed day count — courts consider how far the litigation has progressed and prejudice to existing parties. Served on all parties under Rule 5. Must state grounds and include proposed claim or defense.
Same day or before
Constitutional challenge notice — serve Attorney General concurrent with filingRequired
When challenging constitutionality of a Utah statute, the party must serve the Notice of Constitutional Challenge on the Attorney General on or before the date the challenging paper is filed. Notice must be in writing and describe the challenge concisely.
14 days
AG / governmental entity notice of intent to respond to constitutional challenge
After the deadline for parties to file all papers in response to a constitutional challenge, the AG or other governmental entity has 14 days to file a notice of intent to respond (or may seek up to 7 additional days’ extension).
14 days
AG / governmental entity response to constitutional challenge
Unless parties stipulate or court grants more time, the responding entity’s response to the constitutional challenge must be filed within 14 days after filing the notice of intent to respond.
90 days
Motion for substitution after death of partyDismissal Risk
Motion for substitution of proper parties must be made no later than 90 days after the death is suggested upon the record. Failure to timely move results in dismissal of the action as to the deceased party.
6 months
Substitution of public officer successor
When a public officer who is a party dies, resigns, or leaves office, the action may be continued against the successor if, within 6 months of the successor taking office, there is a satisfactory showing of substantial need to continue.
No deadline
Substitution for incompetency or transfer of interestCourt Motion
If a party becomes incompetent or transfers an interest, the court may allow continuation or substitution on motion served as provided in Rule 25(a). No fixed deadline; court has discretion.
Motion Practice
No deadline
Motion content requirements — supporting memorandum included in motionProcedural
All motions must include the supporting memorandum. Motion must include: (A) concise statement of relief and grounds, and (B) sections with statement of facts and argument citing authority. All dispositive motions must include bilingual notice and caution language.
14 days
Memorandum opposing motion
Nonmoving party may file opposition memorandum within 14 days after the motion is filed.
7 days
Reply memorandum
Moving party may file reply within 7 days after opposing memorandum is filed. Limited to rebuttal of new matters only.
7 days
Objection to evidence in reply / response to new evidence in reply
Nonmoving party may file objection to evidence in reply, or object to new evidence raised in reply, within 7 days after the reply memorandum is filed.
7 days
Response to objection to evidence after reply
Moving party may respond to evidence objection within 7 days after the objection is filed.
When complete
Request to submit for decision — required to get rulingRequired to Proceed
When briefing is complete or time has expired, either party may file a Request to Submit for Decision. If no party files the request, the motion will NOT be submitted for decision. Must state whether a hearing is requested and list dates of all filed documents.
14 days
Serve proposed order after court directs preparation
Party directed to prepare proposed order must serve it on all parties within 14 days of court’s direction.
7 days
Objection to form of proposed order
A party may object to the form of a proposed order within 7 days after it is served.
7 days
File proposed order after objection to form
Preparing party must file proposed order within 7 days after a party objects to its form.
21 days
Summary judgment — earliest filing window for plaintiff
Plaintiff may move for summary judgment after 21 days from commencement, or after adverse party files a summary judgment motion. Defendant may move at any time.
28 days
Summary judgment — latest filing deadline after close of discoveryHard Cutoff
Unless court orders otherwise, motion for summary judgment must be filed no later than 28 days after close of all discovery.
Disclosure & Discovery
14 days
Plaintiff’s initial disclosures
Plaintiff must serve initial disclosures within 14 days after first answer to plaintiff’s complaint is filed. No discovery request needed — automatic obligation.
42 days
Defendant’s initial disclosures
Defendant must serve initial disclosures within 42 days after filing its first answer to the complaint.
Timely / ongoing
Duty to supplement disclosures and discovery responsesExclusion Risk
Parties must timely supplement disclosures and discovery responses when information is found to be incomplete or incorrect in an important way. Failure to timely supplement bars use of undisclosed witness, document, or material at hearing or trial unless the failure is harmless or good cause is shown.
No discovery before disclosures
Sequence of discovery — disclosures must be satisfied firstProcedural
Except for exempt cases, a party may not seek discovery from any source before that party’s initial disclosure obligations are satisfied. Methods may then be used in any sequence.
120 days
Close of standard fact discovery — Tier 1 ($50K or less)
120-day period from date first defendant’s disclosure is due. Limits: 3 hrs deposition, 0 interrogatories, 5 RFPs, 5 RFAs.
90 days
Close of standard fact discovery — Tier 4 (domestic relations)
90-day discovery period. Limits: 4 hrs deposition, 10 interrogatories, 10 RFPs, 10 RFAs.
180 days
Close of standard fact discovery — Tier 2 ($50K–$300K or non-monetary)
180-day discovery period. Limits: 15 hrs deposition, 10 interrogatories, 10 RFPs, 10 RFAs.
210 days
Close of standard fact discovery — Tier 3 ($300K+)
210-day discovery period. Limits: 30 hrs deposition, 20 interrogatories, 20 RFPs, 20 RFAs.
28 days
Response to interrogatories
Responding party must serve written response within 28 days after service of interrogatories. Must restate each interrogatory before responding. Unreasoned objections are waived.
28 days
Response to requests for production
Responding party must serve written response within 28 days after service of the production request. Objections must state reasons with specificity or are waived.
28 days
Response to requests for admissionDeemed Admitted
Matter is admitted unless responding party serves written response within 28 days. Failure = automatic deemed admission conclusively establishing the matter. Caution language must appear on all RFAs.
Reasonable notice
Notice of deposition — reasonable written notice requiredProcedural
Party taking a deposition must give reasonable notice in writing to every other party. Notice must state date, time, place, witness name/description, document designations, recording method, and officer. No fixed day count — “reasonable” under the circumstances.
14 days
Objection to deposition notice of organization (30(b)(6))
Within 14 days of being served with a deposition notice or subpoena, a noticed organization may serve a written objection to the topics for examination. Objections not timely raised and resolved before the deposition are waived.
28 days
Deponent’s statement of changes to transcript
Within 28 days after being notified by the officer that the transcript or recording is available, a witness may sign a statement of changes and the reasons for them.
At least 14 days
Minimum time for subpoena compliance — document productionProcedural
A subpoena for production of documents, ESI, or tangible things must allow the person subject to it at least 14 days after service to comply. Objections must be in writing and made before the compliance date.
7 days
Objection to statement of discovery issues
Any other party may file an objection to the statement of discovery issues no more than 7 days after the statement is filed. Objection must be no more than 4 pages. A proposed order must be filed concurrently.
14 days
Retained expert disclosure — burden-of-proof party
Must serve retained expert disclosure within 14 days after close of fact discovery.
14 days
Election — deposition or written report for opposing expert
Opposing party must serve election within 14 days after burden party’s expert disclosure is due. If no election served, no further expert discovery permitted.
42 days
Expert deposition or written report must occur or be served
Deposition must occur or written report must be served within 42 days after election is served on other parties.
14 days
Non-burden party retained expert disclosure
Must disclose expert within 14 days after the later of: burden party’s expert disclosure due date, or service of written report/deposition of burden party’s expert.
14 days
Rebuttal expert disclosure
Burden party may disclose rebuttal expert within 14 days after the later of: opposing expert election due date, or service of opposing expert’s report/deposition.
Pre-Trial
At close of discovery
Plaintiff certifies case is ready for trialRequired
At the close of all discovery, plaintiff must certify to the court that discovery is complete, required mediation/ADR is complete or excused, and the case is ready for trial. Court then schedules trial as soon as convenient.
14 days
Jury trial demandWaiver Risk
Must serve demand no later than 14 days after service of the last pleading directed to the issue. Must also pay statutory jury fee. Failure to demand timely = permanent waiver of jury trial.
14 days
Additional jury trial demand by other parties
Other parties may demand jury trial of additional issues within 14 days after service of the original demand.
28 days before trial
Pretrial disclosures — witnesses, exhibits, deposition designationsExclusion Risk
Must serve pretrial disclosures at least 28 days before trial. Witness lists and deposition witness lists must also be filed on date of service.
14 days before trial
Counter-designations and objections to witnesses/exhibits/depositionsWaiver if Late
Must serve at least 14 days before trial. Objections not listed are waived (except Rules 402/403) unless excused by court for good cause.
More than 14 days before trial
Settlement offer under Rule 68 — must be made before trialCost Consequences
A Rule 68 settlement offer must be made more than 14 days before trial and remain open for at least 14 days. If the adjusted award at trial is not more favorable than the offer, offeror is not liable for costs/fees incurred by offeree after the offer and offeree must pay offeror’s post-offer costs.
45 days before effect
TRO motion challenging delayed-implementation state law — must file earlyTiming Required
If a state law takes effect more than 60 days after legislative adjournment and applicant seeks to enjoin it before it takes effect, the TRO motion must be filed at least 45 days before the law’s effective date. Failure bars a TRO until the law has been in effect at least 90 days.
14 days
Motion to correct hearing/trial transcript
Motion to correct omissions or misstatements in transcript must be filed within 14 days after the transcript is filed, unless good cause is shown.
Injunctions & Extraordinary Relief
No deadline
Preliminary injunction — notice to adverse party requiredProcedural
No preliminary injunction shall issue without notice to the adverse party. No fixed timing requirement for the motion itself — governed by circumstances. Applicant must show: substantial likelihood of success, irreparable harm, balance of harms, and public interest.
Max 14 days
Temporary restraining order — maximum duration before expiration
A TRO expires by its terms within the time fixed by the court, not to exceed 14 days, unless extended for good cause for a like period, or unless the restrained party consents to a longer period. The hearing on a preliminary injunction must be scheduled at the earliest possible time.
48 hours notice
Motion to dissolve or modify TRO — notice required
Adverse party may move to dissolve or modify a TRO on 48 hours’ notice to the party who obtained it (or shorter notice as court prescribes). Court must hear and determine the motion as expeditiously as justice requires.
28 days
Response to motion for TRO or preliminary injunction challenging a state law
Notwithstanding the standard Rule 7 response deadline, where applicant challenges constitutionality of a state law and seeks to enjoin it before it takes effect, the adverse party must file a response within 28 days after the motion is filed.
Trial
Before jury submits
Motion for judgment as a matter of law (JMOL)
Must be made at any time before the case is submitted to the jury. Must specify judgment sought, governing law, and supporting facts. Can be made as soon as the opposing party has been fully heard on the relevant issue.
No deadline
Objections to jury instructionsProcedural
Objections to jury instructions must be made before the jury retires, stating the matter objected to and the grounds. No fixed timing before that moment, but failure to timely object generally waives the issue.
28 days
Renewed JMOL motion (post-verdict)Non-Extendable
Must file no later than 28 days after entry of judgment (or after jury discharge if issue not decided by verdict). Court cannot extend. Can include alternative request for new trial under Rule 59.
28 days
Motion for new trial — party against whom JMOL enteredNon-Extendable
Must file no later than 28 days after entry of judgment as a matter of law. Court cannot extend.
Entry of Judgment
14 days
Prepare and serve proposed judgment after verdict or decision
Prevailing party or court-directed party must prepare and serve proposed judgment within 14 days after jury verdict or court’s decision. If not done, any other party may prepare and serve a proposed judgment.
7 days
Objection to form of proposed judgment
A party may object to the form of a proposed judgment within 7 days after it is served.
7 days
File proposed judgment after objection to form
Preparing party must file proposed judgment within 7 days after a party objects to its form.
150 days
Judgment deemed entered if separate document not prepared
If a separate judgment document is required but not prepared, judgment is deemed entered 150 days after the clerk records the decision that provides the basis for judgment. This triggers the appeal clock even without a formal judgment document.
Promptly
Serve signed judgment on all parties and file proof of serviceProcedural
The party preparing the judgment must promptly serve a copy of the signed judgment on all parties and promptly file proof of service. This does not affect the time to appeal.
Before statute of limitations expires
Motion to renew judgment
A judgment creditor may renew a judgment by filing a motion under Rule 7 in the original action before the statute of limitations on the original judgment expires. Must be supported by an affidavit accounting for the original judgment and all post-judgment adjustments.
Post-Judgment
28 days
Motion for new trialNon-Extendable
Must file no later than 28 days after entry of judgment. Court cannot extend. Must include supporting affidavits/declarations for grounds under Rule 59(a)(1)–(4).
28 days
Motion to alter or amend judgmentNon-Extendable
Must file no later than 28 days after entry of judgment. Court cannot extend this deadline.
28 days
Motion to amend/add findings — non-jury trialNon-Extendable
Must file no later than 28 days after entry of judgment. May accompany a Rule 59 motion for new trial.
28 days
Court-initiated new trial sua sponte
Court may on its own order a new trial no later than 28 days after entry of judgment for any reason that would justify a new trial on motion of a party.
90 days
Motion for relief from judgment — mistake, newly discovered evidence, fraud
For grounds under Rule 60(b)(1), (2), or (3), must file within 90 days after entry of judgment or order AND within a reasonable time. Motion does not affect finality of the judgment or suspend its operation.
Reasonable time
Motion for relief from judgment — voidness, satisfaction, or other grounds
For Rule 60(b)(4)–(6) grounds (voidness, satisfaction, other reasons), must file within a “reasonable time.” No hard outer limit — court has broad discretion based on circumstances and prejudice.
No deadline
Correction of clerical mistakes in judgmentAny time
Court may correct clerical mistakes or mistakes from oversight or omission in a judgment at any time, with or without motion or notice. After a notice of appeal is filed, correction requires leave of the appellate court.
Counsel & Representation
No deadline
Withdrawal of counsel — no pending motions or hearingsProcedural
Attorney may withdraw by filing and serving notice of withdrawal on all parties if no motion is pending and no hearing or trial has been set. Notice must include client’s address. No court order required.
Court order required
Withdrawal of counsel — when motion or hearing is pendingLeave Required
If a motion is pending or hearing/trial is set, attorney may not withdraw except upon motion and order of court. Motion must describe nature of any pending motion and date/purpose of any scheduled hearing or trial.
21 days
No further proceedings after attorney withdrawal — waiting period for clientMandatory Wait
After attorney withdrawal (other than limited-appearance conclusion), the opposing party must serve Notice to Appear or Appoint Counsel on the unrepresented party. No further proceedings may be held for 21 days after filing the Notice, unless waived by the party or ordered by the court.
No deadline
Substitution of counsel — no court approval neededProcedural
Attorney may replace counsel of record by filing and serving a notice of substitution signed by former counsel, new counsel, and the client. Court approval is not required if new counsel certifies compliance with existing hearing schedule and deadlines.
Legal Disclaimer: The filing deadlines and procedural rules compiled on this page are provided for general informational purposes only and do not constitute legal advice. While Lotus Appellate Law strives to keep this reference current, we cannot guarantee the accuracy, completeness, or timeliness of any information presented here. Court rules are amended periodically and without notice. Always verify deadlines and procedural requirements directly against the official Utah Rules of Appellate Procedure at utcourts.gov before relying on any information on this page. Missing a filing deadline can have serious and irreversible consequences. If you have questions about a specific matter, consult a licensed Utah attorney.