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Pilot v. Hill Affirmed- Tier Choice Limits Award

The Utah Court of Appeals today affirmed the decision of a trial court that choosing "Tier 2" limits a party to under $300,000 in damages,

June 7, 2018 No Comments

Utah Supreme Court: May an Attorney Sign Interrogatory Answers?

I got an inquiry the other day from an attorney at a large Salt Lake firm as to whether the November 2011 amendments to the

December 18, 2016 No Comments

Practice Tip – Notify the Government of Constitutional Challenges

A common mistake is challenging the constitutionality of a statute in an action between private parties and not notify the government entity which may have

October 13, 2016 No Comments

Utah Civil Case Management Pilot Program

Members of the bar have started encountering the new "Civil Case Management Pilot Program" in effect for Tier 3 (and certain Tier 2) cases assigned

June 29, 2016 No Comments

“Proportionality” Comes to the Federal Rules – Federal Rule 26 – Utah Law

Significant changes to Federal Rule 26 became effective on December 1st. These expressly incorporate the principle of proportionality in defining the scope of discovery, and track the

December 30, 2015 No Comments

Trial and Post-Trial Motion Rules Amendments Approved – Utah Supreme Court

The Utah Supreme Court has approved the trial and post-trial motions rules amendments, effective May 1, 2016. (See my blog entry from May 29, 2015) These make some

December 18, 2015 No Comments

Affidavit of Merit Requirement Held Unconstitutional – Medical Malpractice Law

Today the Utah Supreme Court held that the requirement in a medical malpractice to obtain an "affidavit of merit" is unconstitutional as it results in

November 17, 2015 No Comments

Utah Court of Appeals: Improper Opening Statement Rebuked

A lawyer who apparently has little clue about the bounds of proper opening statement was rebuked by a trial judge, and that was affirmed a week

June 5, 2015 No Comments

Utah Supreme Court: Revised Post-Trial Motions Rules on the Way

The Utah Supreme Court's Committee on Civil Rules finished its rewrite of the post-trial motion rules (Rules 50, 52, 41, 59, and 60) last Wednesday,

May 29, 2015 No Comments

Utah Court of Appeals: Expert Not Necessary to Establish Forgery

The Utah Court of Appeals today held that expert testimony was unnecessary to establish that a signature was a forgery. This was within the proper

April 23, 2015 No Comments