Utah Rule of Civil Procedure 100A went into effect November 1st, 2022.
This new rule is intended to better distinguish between different types of domestic cases and ensure those cases are handled in the most efficient way possible. It takes the form of a revitalized Case Management Conference and adds more emphasis on determining the next steps in the case and necessary discovery mechanisms.
It sets three main tracks for domestic cases that will be determined at the Case Management Conference:
- Standard Track – this is the expedited track for the simplest cases. These cases are immediately set for trial and only require mediation.
- Complex Discovery Track – this is for cases with complex discovery issues that may require experts, business evaluation, and other discovery processes that take time. A schedule is created with input form the parties in conjunction with the Court.
- Significant Custody Dispute Track – this is for cases with significant disputes over custody including allegations of child abuse or domestic violence. The Court will determine whether custody evaluation is necessary and whether a guardian ad litem is necessary. Those decisions on appointments will be made at this conference and reflected in the orders with scope and cost apportionment included. Next steps will be set and a pretrial hearing and/or custody evaluation settlement conference will be set as well.
The Rule notes that the Court retains discretion and may deviate from the track if necessary or even assign multiple tracks to a single case.
Recently at a CLE meeting, the Commissioner’s updated Family law attorneys on the rule and clarified how the rule will be implemented. Commissioners will be drafting and filing the orders from these conferences with exact instructions for the parties. Cases with stipulations on their chosen track and schedule are moved to the front of the line on these hearing days. Commissioners requested the use of the Court’s form for a Custody Evaluations and GAL’s. Rule 16 or 100A conferences can be used to set messy cases back on track.
The schedule for the new 100A CMC’s in the 3rd District of Salt Lake County:
Mondays at 1:30 = Sagers
Tuesdays at 1:30 = Minas
Wednesday at 1:30 = Blomquist
Thursday at 1:30 = Luhn
Overall, this is intended to be a helpful tool for Domestic cases and may help move along cases more efficiently. If you have any questions about the Rule 100A Case Management Conference and how to be prepared – please contact us today.
By Jesse West