Representative Stephanie Gricius proposes the following substitute bill:


1     
JOINT RESOLUTION AMENDING RULES OF CIVIL PROCEDURE ON

2     
CHANGE OF JUDGE AS A MATTER OF RIGHT

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Stephanie Gricius

6     
Senate Sponsor: Keith Grover

7     

8     LONG TITLE
9     General Description:
10          This joint resolution amends Rule 63A of the Utah Rules of Civil Procedure regarding
11     the change of judge as a matter of right.
12     Highlighted Provisions:
13          This joint resolution:
14          ▸     amends Rule 63A of the Utah Rules of Civil Procedure to allow for a change of
15     judge by a party in civil action; and
16          ▸     makes technical and conforming changes.
17     Special Clauses:
18          This resolution provides a special effective date.
19     Utah Rules of Civil Procedure Affected:
20     AMENDS:
21          Rule 63A, Utah Rules of Civil Procedure
22     

23     Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
24     of the two houses voting in favor thereof:
25          As provided in Utah Constitution Article VIII, Section 4, the Legislature may amend

26     rules of procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of
27     all members of both houses of the Legislature:
28          Section 1. Rule 63A, Utah Rules of Civil Procedure is amended to read:
29          Rule 63A. Change of judge as a matter of right.
30          (a) Change of judge by one side of an action.
31          (a) (1) Right to change a judge by one side of an action.
32          (a) (1) (A) In a civil action pending in a court in a county with seven or more district
33     court judges, each side is entitled to one change of judge as a matter of right under this
34     paragraph (a).
35          (a) (1) (B) Even if two or more parties on one side of a civil action have adverse or
36     hostile interests, the action, whether single or consolidated, must be treated as only having two
37     sides for purposes of a changing judge under this paragraph (a).
38          (a) (1) (C) A side is not entitled to more than one change of judge under this paragraph
39     (a).
40          (a) (1) (D) Regardless of when a party joins a civil action, a party is not entitled to a
41     change of judge as a matter of right under this paragraph (a) if the notice of a change of judge
42     is untimely under paragraph (a)(2).
43          (a) (2) Notice of a change of judge.
44          (a) (2) (A) A party seeking a change of judge under this paragraph (a) must file a notice
45     of a change of judge with the clerk of the court.
46          (a) (2) (B) If the notice of a change of judge is timely under this paragraph (a)(2), the
47     notice must be granted.
48          (a) (2) (C) In filing a notice of a change of judge under this paragraph (a), a party is not
49     required to state any reason for seeking a change of judge, but the party must attest in good
50     faith that the notice is not being filed:
51          (a) (2) (C) (i) for the purpose to delay any action or proceeding; or
52          (a) (2) (C) (ii) to change the judge on the grounds of race, gender, or religious
53     affiliation.
54          (a) (2) (D) The notice must be filed:
55          (a) (2) (D) (i) on the side of a plaintiff or petitioner, within seven days after the day on
56     which a judge is first assigned to the action or proceeding; or

57          (a) (2) (D) (ii) on the side of a defendant or respondent, within seven days after the day
58     on which the defendant or respondent is served the complaint or petition, or at the time of the
59     first filing by the defendant or respondent with the court, whichever occurs first.
60          (a) (2) (E) Failure to file a timely notice of a change of judge under this rule precludes
61     a change of judge under this paragraph (a).
62          (a) (3) Assignment of action.
63          (a) (3) (A) Upon the filing of a notice under this paragraph (a), the judge assigned to
64     the action must take no further action in the case.
65          (a) (3) (B) The action must be promptly reassigned to another judge within the county.
66          (a) (3) (C) If the action is unable to be reassigned to another judge within the county,
67     the action may be transferred to a court in another county in accordance with Rule 42.
68          (a) (4) Exceptions. A party, or a side, is not entitled to change a judge as a matter of
69     right under this paragraph (a):
70          (a) (4) (A) in any proceeding regarding a petition for post-conviction relief under Rule
71     65C;
72          (a) (4) (B) on a petition to modify child custody, child support, or alimony, unless the
73     judge assigned to the action is not the same judge assigned to any of the previous actions
74     between the parties;
75          (a) (4) (C) in an action before the juvenile court or the Business and Chancery Court;
76          (a) (4) (D) in an action in which the judge is sitting as a water or tax judge;
77          (a) (4) (E) in an action on remand from an appellate court; or
78          (a) (4) (F) if an action is unable to be transferred under paragraph (a)(3)(C) to another
79     county in accordance with Rule 42.
80          [(a) Notice of change.] (b) Right to change a judge by agreement of the parties.
81          (b) (1) Notice of a change of judge.
82          (b) (1) (A) Except in actions with only one party, all parties joined in the action may,
83     by unanimous agreement and without cause, change the judge assigned to the action by filing a
84     notice of change of judge.
85          (b) (1) (B) The parties shall send a copy of the notice to the assigned judge and the
86     presiding judge.
87          (b) (1) (C) The notice shall be signed by all parties and shall state: (1) the name of the

88     assigned judge; (2) the date on which the action was commenced; (3) that all parties joined in
89     the action have agreed to the change; (4) that no other persons are expected to be named as
90     parties; and (5) that a good faith effort has been made to serve all parties named in the
91     pleadings.
92          (b) (1) (D) The notice shall not specify any reason for the change of judge.
93          (b) (1) (E) Under no circumstances shall more than one change of judge be allowed
94     under this [rule] paragraph (b) in an action.
95          (b) (2) Time for filing a notice.
96          (b) (2) (A) Unless extended by the court upon a showing of good cause, the notice
97     must be filed within 90 days after commencement of the action or prior to the notice of trial
98     setting, whichever occurs first.
99          (b) (2) (B) Failure to file a timely notice precludes any change of judge under this
100     [rule] paragraph (b).
101          [(c)] (b) (3) Assignment of action.
102          (b) (3) (A) Upon the filing of a notice of change, the assigned judge shall take no
103     further action in the case.
104          (b) (3) (B) The presiding judge shall promptly determine whether the notice is proper
105     and, if so, shall reassign the action.
106          (b) (3) (C) If the presiding judge is also the assigned judge, the clerk shall promptly
107     send the notice to the associate presiding judge, to another judge of the district, or to any judge
108     of a court of like jurisdiction, who shall determine whether the notice is proper and, if so, shall
109     reassign the action.
110          [(d)] (b) (4) Nondisclosure to court. No party shall communicate to the court, or
111     cause another to communicate to the court, the fact of any party's seeking consent to a notice of
112     change.
113          [(e)] (c) Rule 63 unaffected. [This rule does not affect any rights under Rule 63.]
114     Nothing in this rule precludes the right of any party to seek disqualification of a judge under
115     Rule 63.
116          Section 2. Effective date.
117          (1) In accordance with Utah Constitution, Article VIII, Section 4, the amendments in
118     this resolution pass upon approval by a two-thirds vote of all members elected to each house.

119          (2) After passage of this resolution under Subsection (1), the amendments in this
120     resolution take effect on January 1, 2025.