Revision of Post-Trial Motions Rules Underway – The Utah Supreme Court’s Advisory Committee on Rules of Civil Procedure (of which I was a member for many years) is considering updates to our rules on the post-trial motions; namely Rule 50 (DV and JNOV), Rule 59 (new trial), Rule 52 (nonjury trials), and Rule 60 (amendment of judgments).

The intent is to update the language of the rules to model them after the corresponding Federal Rules of Civil Procedure.

Substantive changes are likely to be minor: extending the time for post-trial motions from 14 to 28 days; removing the procedural trap requiring a motion for directed verdict to be repeated at the close of all the evidence; and changing the various references to the operative act on these motions from “made” or “served” to “filed.”

The Committee considered my proposals at its meeting on March 25. Further review is planned for the meeting on April 22. Like all other rules changes, if approved, the amended rules will be subject to a comment period by the public and members of the bar before enacted.