REMOVED ACTIONS

Notice. (1) Notice of Removal. To remove an action from state court, the removing party must file a Notice of Removal that complies with 28 U.S.C. § 1446(a). The Notice of Removal must include: Local Rules of Civil Practice - District of Utah Eff.

December 2025 67 (A) a short and plain statement of the grounds for removal signed under Fed. R. Civ. P. 11; (B) the additional content required in section 81-1(a)(2), if the court’s jurisdiction for removal is based on diversity of citizenship; (C) a certification that a copy of all processes, pleadings, and orders served on the removing party are filed in the federal case as required by this rule and 28 U.S.C. § 1446(a), and as permitted by 28 U.S.C. § 1447; and (D) the attachments required in section 81-1(b). (2) Additional Content Required in Notice of Removal in Diversity Cases. (A) If the court’s jurisdiction is based on diversity of citizenship, irrespective of whether service of process has been effectuated on all parties, the Notice of Removal must include: (i) in the case of each individual named as a party, that party’s residence and domicile and any state or other jurisdiction of which that party is a citizen for purposes of 28 U.S.C. § 1332; (ii) in the case of each party that is a partnership, limited liability partnership, limited liability company, or other unincorporated association, like information as required in section 81-1(a)(2)(A)(i) for all its partners or members, as well as the state or other jurisdiction of its formation; (iii) in the case of each party that is a corporation, its state or other jurisdiction of incorporation, principal place of business, and any state or other jurisdiction of which that party is a citizen for purposes of 28 U.S.C. § 1332; (iv) in the case of an assigned claim, corresponding information for each original owner of the claim and for each assignee; Local Rules of Civil Practice - District of Utah Eff. December 2025 68 (B) (C) the date on which each party was served; and the removing party must state in the Notice of Removal if any of the information above is unknown.

Within 21 days after removal, the removing party must file an amended notice containing the omitted information. (b) Attachment of State Court Record. The court will not upload the state court record to the docket. At the time of removal, the removing party must file the state court record as separate attachments to the Notice of Removal, including: (1) (2) (3) a copy of the operative complaint; a current copy of the state court docket sheet; a copy of the operative scheduling order or notice of event due dates, if available; and (4) a single attachment containing all pleadings, motions, orders, and other relevant filings, organized in chronological order by the state court filing date, and if applicable, consistent with DUCivR 5-2 and 5-3.

Pending State Court Motions. (1) Disposition of Pending State Court Motions. All pending motions and other requests directed to the state court are automatically denied without prejudice on removal. (2) Obligation to Refile.

If a party seeks a decision on a motion that was automatically denied under section 81-1(c)(1), the party must refile the motion, citing to relevant federal law and state if expedited consideration is requested. DUCivR 7-1 governs the motion. Local Rules of Civil Practice - District of Utah Eff. December 2025 69 Scheduling Order After Removal.

(1) Unless stipulated by the parties and ordered by the court, all deadlines contained in the state court scheduling order or notice of event due dates are automatically vacated on removal. (2) The parties must conduct an Attorney Planning Meeting under Fed. R. Civ. P. 26(f) within 14 days after the time to file a motion to remand has expired or the motion has been denied, whichever occurs last. (3) The parties must file the appropriate motion within 21 days after the time to file a motion to remand has expired or the motion has been denied, whichever occurs last, as follows: (A) If the parties reach an agreement on all issues in the Attorney Planning Meeting Report, they must file a Stipulated Motion for Scheduling Order and attach the jointly signed Attorney Planning Meeting Report. They must also email a stipulated Proposed Scheduling Order in editable format to the assigned judge in the case, or if an order referring the case to a magistrate judge has been entered, to the referred magistrate judge.

(B) If the parties do not agree on all issues in the Attorney Planning Meeting Report, they must file a Motion for Scheduling Conference and attach the Attorney Planning Meeting Report. They must also email their respective Proposed Scheduling Orders in editable format to the assigned judge in the case, or if an order referring the case to a magistrate judge has been entered, to the referred magistrate judge. Local Rules of Civil Practice - District of Utah Eff. December 2025 70 DUCivR 83-1.1 ATTORNEYS – ADMISSION TO PRACTICE Attorney Admission.

(1) Eligibility. An attorney who is an active member in good standing of the Utah State Bar is eligible for admission to this court’s bar. (2) Application. An eligible attorney must complete an online application using Public Access to Court Electronic Records (PACER).

(3) Pro Bono Service Requirement. By applying to become a member of this court’s bar, an attorney agrees to accept a reasonable number of pro bono appointments when requested by the court, except when the attorney is employed by a government agency that precludes accepting pro bono appointments. (4) Admission Fee. Once the court reviews an application and verifies the attorney’s membership status with the Utah State Bar, the court will send to the attorney an email containing a link to pay the admission fee.

The admission fee must be paid within 30 days from the date of the email or the application will be denied, and the attorney must complete a new application. (5) Active Membership Status. An attorney who is admitted to this court’s bar must renew membership as set forth in DUCivR 83-1.2. After an attorney is admitted, the attorney is not required to pay the annual registration fee until at least 12 months have passed since admission.

Federal Attorney Admission. (1) Eligibility. An attorney employed by the United States, its agencies, or the Federal Public Defender’s Office, who is an active member and in good standing in the bar of any state or the District of Columbia, may practice in this district in the attorney’s official capacity. Local Rules of Civil Practice - District of Utah Eff.

December 2025 71 (2) Application. An eligible federal attorney must complete an online application using PACER. (3) Pro Bono Service Requirement. A federal attorney is exempt from the court’s pro bono service requirement.

(4) Fees. A federal attorney is exempt from paying the admission and annual registration fees. Pro Hac Vice Admission. (1) Eligibility.

A PHV applicant is an active member in good standing in the bar of any state or the District of Columbia but not an active member of the Utah State Bar or a federal attorney. A PHV applicant may be admitted for the limited purpose of appearing in a case in this district after associating with local counsel. (A) Restrictions on Pro Hac Vice Admission. Pro hac vice admission is not available to any attorney who: (i) (ii) is a member of the Utah State Bar; except as provided in section 83-1.1(c)(1)(B), maintains any law office in Utah; or (iii) has already been admitted pro hac vice in 3 unrelated cases in the previous 5 years in this district, unless the court finds good cause for the attorney not seeking admission to the Utah State Bar.

(B) Exemption from Restrictions.

A PHV

Applicant who is an active member in good standing in the bar of any state or the District of Columbia and who maintains a law office in Utah may be admitted pro hac vice while awaiting admission to the Utah State Bar. Within 45 days after notice from the Utah State Bar of admission, denial of Local Rules of Civil Practice - District of Utah Eff. December 2025 72 admission, or, under a Utah State Bar admission rule, upon termination of eligibility to practice, the PHV Applicant must— (i) when admitted, apply for Attorney Admission under section 83-1.1(a) and pay the required admission fee; or (ii) when denied admission or upon termination of eligibility to practice, cease practicing law in this court under section 83-1.1(c)(1) and: (a) send a notice of admission status to the Clerk’s Office ([email protected]); and (b) file a withdrawal of counsel or a substitution of counsel in every case in which the PHV Applicant has (2) Local Counsel. appeared. (A) Local counsel is an active member in good standing of this court’s bar.

(B) Local counsel must: (i) file a motion consenting to serve as local counsel and requesting admission of the PHV applicant; (ii) attach to the motion a completed PHV application and proposed order, both of which are available on the court’s website; and (iii) pay the pro hac vice admission fee at the time of filing the motion. (C) Local counsel must be present when the attorney admitted pro hac vice appears in court, unless the court orders otherwise. (3) Objection to PHV Admission. A party opposing pro hac vice admission must file an objection within 14 days of the filing of the motion, even if the Local Rules of Civil Practice - District of Utah Eff.

December 2025 73 court has granted the motion. Local counsel or the PHV applicant need not file a response after an objection is filed unless ordered to do so by the court. (4) Revocation of PHV Admission. The court may revoke a PHV Attorney’s admission for good cause shown, including but not limited to, violation of this court’s rules or failure to comply with court orders.

Rules and Conduct. (1) An attorney who practices in this court must comply with the Local Rules of Practice, ECF Procedures Manual, Utah Rules of Professional Conduct, and Utah Standards of Professionalism and Civility. An attorney’s conduct and professionalism are governed by these rules and the manual. (2) An attorney who practices in this court must register to efile and receive electronic notifications of case activity.

(3) An attorney who practices in this court must maintain valid and current contact information, including mailing, email, and telephone, in PACER. DUCivR 83-1.2 ATTORNEYS – ANNUAL REGISTRATION General Requirement. By July 1 each year, an attorney seeking to maintain active status must pay the annual registration fee, in an amount determined by the court, and register using the court’s CM/ECF system. An attorney who maintains active status must: (1) comply with the Local Rules of Practice, ECF Procedures Manual, Utah Rules of Professional Conduct, and Utah Standards of Professionalism and Civility; (2) register to efile and receive electronic notifications of case activity; and Local Rules of Civil Practice - District of Utah Eff.

December 2025 74 (3) agree to accept a reasonable number of pro bono assignments from the court, except when employed by a government agency that precludes accepting pro bono assignments. Categories of Membership. (1) Active Attorney. An attorney who is an active member and in good standing of the Utah State Bar and actively practices in this district.

(2) Federal Attorney. An attorney who is employed by, or on special assignment for, the United States, its agencies, or a Federal Public Defender’s Office and is an active member and in good standing of any state bar or the District of Columbia and actively practices in this district. (3) Inactive Attorney. An attorney who is retired or no longer practices in this district but wants to maintain membership in inactive status.

An inactive attorney may reactivate membership at any time by paying the current registration fee. Procedure to Change Status to Inactive. By July 1 in the year requesting to go inactive, an attorney seeking to become an inactive member of this court’s bar must request inactive status using the court’s CM/ECF system. Failure to Register.

(1) An attorney who does not register online by July 1 of each year will have their membership status changed to “registration lapsed” and will be unable to electronically file documents as of July 2. (2) To reactivate membership in this court’s bar, an attorney must pay a reinstatement fee in an amount determined by the court. Local Rules of Civil Practice - District of Utah Eff. December 2025 75 Attorney Contact Information.

An attorney who is a member of this court’s bar, including an inactive attorney, must maintain valid and current contact information—including a mailing address, email address, and telephone number—in PACER. DUCivR 83-1.3 ATTORNEYS – APPEARANCE AND CONTACT INFORMATION Appearance. (1) An attorney appears on behalf of a party by appearing in court; filing a notice of appearance; or signing a pleading, motion, or waiver of service. (2) To appear in a case, an attorney must be admitted to practice in this district under DUCivR 83-1.1.

Limited Appearance. (1) Scope. An attorney, consistent with the Utah Rules of Professional Conduct, may enter an appearance limited to: (A) (B) (C) filing a pleading or other paper; acting as counsel for a specific motion or discovery procedure; acting as counsel for a specific hearing, including a trial, pretrial conference, or an alternative dispute resolution proceeding; or (D) any other purpose with leave of the court. (2) Notice.

The attorney must file a Notice of Limited Appearance that: (A) is signed by the attorney and party, except if the party is incarcerated and the attorney has accepted a pro bono appointment at the court’s request; (B) (C) describes the purpose and scope of the appearance; and states that the party remains responsible for all matters not specifically described in the notice. Local Rules of Civil Practice - District of Utah Eff. December 2025 76 (3) Clarification. Any party may move to clarify the description of the purpose and scope of the limited appearance.

(4) Party’s Responsibility. A party on whose behalf an attorney files a notice of limited appearance will receive notice of all filings with the court and will remain responsible for all matters not specifically described in the notice. (5) Withdrawal. An attorney who has entered a notice of limited appearance must follow the procedures to withdraw in DUCivR 83-1.4.

Self-Representation. (1) Individuals may represent themselves. (2) A corporation, association, partnership, or other artificial entity must be represented by an attorney who is admitted under DUCivR 83-1.1. (3) A federally recognized Indian tribe may seek exemption from section 83-1.3(c)(2) by filing a motion consistent with DUCivR 7-1(a)(4)(D).

Appearance by a Party. If a party has been represented by an attorney, that party cannot appear or act thereafter on its own behalf in the action, unless the court orders otherwise. The court may hear a party in open court regardless of whether the party is represented. Change of Contact Information.

(1) Active and inactive attorneys must maintain valid and current contact information in PACER, including mailing address, email address, and telephone number. (2) An unrepresented party must notify the Clerk's Office immediately of any change in address, email address, or telephone number using the form available on the court’s website. Local Rules of Civil Practice - District of Utah Eff. December 2025 77 DUCivR 83-1.4 ATTORNEYS – SUBSTITUTION AND WITHDRAWAL Substitution.

An attorney admitted to practice under DUCivR 83-1.1 may replace an attorney in a pending case without leave of court by filing a Notice of Substitution. The notice must: (1) verify that the attorney entering the case is aware of and will comply with all pending deadlines; (2) (3) (4) identify the party who the attorney is representing; be signed by the newly appearing attorney; and be served on all parties. Withdrawal. (1) Leave of Court Not Required.

An attorney may withdraw without leave of court if the party continues to be represented by another attorney who has entered an appearance. To withdraw, the attorney must file a Notice of Withdrawal of Counsel that states: (A) the party continues to be represented by an attorney who has appeared under DUCivR 83-1.3; and (B) the continuing attorney is aware of and will comply with all pending deadlines, hearings, and trial dates. (2) Leave of Court Required. Except as allowed in section 83-1.4(b)(1), an attorney may not withdraw in a pending action without leave of the court.

The attorney seeking to withdraw must file a motion under DUCivR 7-1(a)(4)(D) that includes: (A) the reason for withdrawal or a statement that disclosing the reason for withdrawal would violate the rules of professional conduct; Local Rules of Civil Practice - District of Utah Eff. December 2025 78 (B) the party’s last-known contact information including mailing address, email address, and telephone number or an explanation why the information is unavailable; (C) a statement of whether the party does or does not consent to the withdrawal; (D) the status of the case including any pending motions, the dates and times of any scheduled hearings, and requirements under any existing court orders or rules; (E) a certification signed by the party indicating they are eligible to proceed with the trial as scheduled without an attorney, if a trial date has been scheduled and an attorney is unavailable to appear; (F) a certification that the motion was filed and served on all parties or, if applicable, an explanation why a party cannot be notified about the motion; and (G) a proposed order for the court, available on the website, attached as an exhibit, that notifies the party who will be without an attorney: (i) that within 21 days, they must retain an attorney or proceed without an attorney and file a Notice of Appearance; (ii) that if the party is a corporation, association, partnership, or other artificial entity, it must be represented by an attorney who is admitted under DUCivR 83-1.1 and that attorney must file a Notice of Appearance; and (iii) that a party who fails to retain an attorney or file a Notice of Appearance may be subject to sanctions including entry of a default judgment or an order of dismissal. Local Rules of Civil Practice - District of Utah Eff. December 2025 79 (3) Withdrawal of Limited Appearance.

(A) An attorney who has entered a limited appearance under DUCivR 83-1.3 must file a Notice of Withdrawal after the purpose of the limited appearance has been fulfilled. (B) An attorney seeking to withdraw before the conclusion of the purpose of the limited appearance must proceed under section 83-1.4(b)(2). (C) Failure to file a Notice of Withdrawal will constitute the attorney’s consent to continue appearing on the party’s behalf as if a general appearance had been filed. Procedure After Entry of an Order of Withdrawal.

(1) Stay. The action is stayed for 21 days after the court grants the motion for withdrawal, unless the court permits the unrepresented party to waive the time requirement or the court orders otherwise. (2) Appearance. Within 21 days after the court grants the motion or within the time the court has ordered: (A) an attorney must file an appearance on behalf of an individual whose attorney has withdrawn or, if the individual intends to proceed without an attorney, the individual must file a Notice of Appearance; and (B) an attorney must file an appearance on behalf of any corporation, association, partnership, or other artificial entity whose attorney has withdrawn.

(3) Scheduling Conference. After expiration of the stay or as the court has ordered, a party may request a scheduling conference or submit a proposed amended scheduling order. Local Rules of Civil Practice - District of Utah Eff. December 2025 80 Sanction.

An unrepresented party who fails to appear within 21 days after entry of the order, or within the time the court requires, may be sanctioned under Fed. R. Civ. P. 16(f)(1), including entry of a default judgment or an order of dismissal. DUCivR 83-1.5 ATTORNEYS – STUDENT PRACTICE Eligibility and Scope of Participation. (1) A law student who meets all the requirements of Utah Code of Judicial Administration (UCJA) Rule 14-807 is eligible to represent parties in this district. (2) An eligible law student may appear in a civil or criminal case under a supervising attorney if: (A) a judge orally agrees in court that the student may participate in the proceedings and the supervising attorney subsequently files a completed Consent to Participate in Court Proceedings form, which is available on the court’s website; or (B) a judge signs a filed Consent to Participate in Court Proceedings form.

(3) When a supervising attorney is present, an eligible law student may engage in permissible activities, negotiations, depositions, and proceedings identified in UCJA Rule 14-807. Supervising Attorney. (1) A supervising attorney must be an active member in good standing of this court’s bar and an attorney of record for a party on whose behalf a law student appears. (2) The supervising attorney must: Local Rules of Civil Practice - District of Utah Eff.

December 2025 81 (A) obtain all required certifications under UCJA Rule 14-807; (B) explain to the client the nature and extent of the law student's participation; (C) obtain the client’s consent to a law student’s participation (consent by the United States Attorney for the District of Utah or their designee constitutes consent by the United States); (D) file a completed Consent to Participate in Court Proceedings form; and (E) always be present when a law student participates in any proceeding. (3) The supervising attorney is responsible for a law student’s work and conduct. DUCivR 83-1.6 CONDUCT OF AN UNREPRESENTED PARTY (a) A party proceeding without an attorney (unrepresented party or pro se party) is obligated to comply with: (1) (2) (3) (4) the Federal Rules of Civil Procedure; these Local Rules of Practice; the Utah Standards of Professionalism and Civility; and other laws and rules relevant to the action. (b) An unrepresented party must immediately notify the Clerk’s Office in writing of any name, mailing address, or email address changes.

Local Rules of Civil Practice - District of Utah Eff. December 2025 82 DUCivR 83-1.7 ATTORNEY DISCIPLINE Standards of Professional Conduct and Jurisdiction. An attorney who is or has been a member of the court’s bar or admitted pro hac vice is subject to the Local Rules of Practice, the Utah Rules of Professional Conduct, and the court’s disciplinary jurisdiction. Initiation of a Disciplinary Action.

A disciplinary action may be initiated against an attorney who has been: (1) disciplined by the Utah State Bar, the Tenth Circuit Court of Appeals, or a court or bar association of another jurisdiction; (2) the subject of an attorney misconduct complaint that is signed under penalty of perjury (a court-provided complaint form is preferred but not required); (3) convicted of a crime, including— (A) (B) a felony; or a misdemeanor that reflects adversely on the attorney’s character and fitness; or (4) referred for discipline by a judicial officer of the court. Notice of Discipline or Conviction. An attorney who has been disciplined by another court or bar association or convicted of a crime other than a minor traffic offense must immediately notify, in writing, the Clerk of Court. The notice must include a copy of the discipline order or conviction.

The Clerk of Court may also receive notice of discipline by another court or bar association. The Clerk of Court will maintain these documents in a confidential file in CM/ECF. Local Rules of Civil Practice - District of Utah Eff. December 2025 83 Commencement of a Disciplinary Action.

(1) Reciprocal Discipline. (A) After receiving notice of discipline under section 83-1.7(c), the Clerk must serve on the attorney: (i) a copy of the notice if the attorney did not provide the notice; and (ii) an order, to become effective 28 days after the date of service, imposing reciprocal discipline in this court. (B) A motion for relief from the clerk’s order may be filed within 14 days of the date of service of the clerk’s order. Failure to file a motion for relief is deemed a waiver.

The motion must succinctly identify the facts, relevant authority, and argument supporting the relief from the order of reciprocal discipline. The effect of the clerk’s order is stayed until the disciplinary panel, identified in section 83-1.7(f), orders otherwise. The panel may schedule an evidentiary hearing upon a showing of good cause. If an evidentiary hearing is held, the panel may enter interim orders, pending the hearing, as justice may require.

If a hearing is not scheduled, the panel may affirm the clerk’s order or take other action. (2) Attorney Misconduct Complaint or Criminal Conviction. (A) After receiving an attorney misconduct complaint or notice of a criminal conviction, the clerk will transmit a copy to the panel with a recommendation whether to issue an order to respond. (B) The panel may issue an order to respond requiring the attorney to explain why the court should not restrict the attorney’s ability to practice.

Local Rules of Civil Practice - District of Utah Eff. December 2025 84 (C) The clerk may serve the order to respond on the attorney by email at an identified email address. If the email is returned as undeliverable, the Clerk must serve the order to respond by certified mail, return receipt requested, on the attorney at an identified mailing address. (D) A response must be filed within 21 days after service of the order to respond.

(E) After receipt of the response or the expiration of 21 days, the panel must review the documents and may: (i) (ii) (iii) (iv) (v) dismiss the complaint; refer the action to a more appropriate jurisdiction; impose no discipline; impose interim or final discipline; refer the action to the committee identified in section 83-1.7(f) for review and recommendations; or (vi) set the matter for an evidentiary hearing before a trier of fact. (3) Judicial Referral. A judicial officer may make a referral in writing to the panel or any other appropriate authority regarding an attorney’s misconduct. The procedure for addressing a judicial referral is the same as in section 83-1.7(d)(2).

Discipline. Discipline may include: (1) (2) (3) (4) a public or private reprimand; conditions for continuing to practice law in this jurisdiction; probation; suspension from the right to practice in this court; Local Rules of Civil Practice - District of Utah Eff. December 2025 85 (5) (6) disbarment; or other discipline as deemed appropriate. Disciplinary Authorities, Procedures, and Record Requests.

(1) Authorities. (A) Disciplinary Panel. The Chief Judge must appoint a panel of 3 judicial officers to constitute the Panel and designate 1 to serve as the chair. The Panel has jurisdiction over all matters relating to the discipline of attorneys, including disbarment and suspension.

The Chief Judge may designate additional judicial officers to serve as alternates when a member is unable to serve. If a member is unable to serve, the remaining members have authority to proceed without the participation of the unavailable member. If the unavailable member is the chair, the remaining members will select a substitute chair. (B) Committee.

The panel may appoint a committee of attorneys to advise and assist it. At the panel’s direction, the Committee may investigate complaints or motions for reinstatement, prepare a report and recommendation, or serve as a trier of fact. (C) Investigator. The panel may appoint an investigator to interview witnesses, gather evidence, and prepare reports or summaries.

(D) Hearing Officer. The panel may appoint a neutral hearing officer to conduct an evidentiary hearing. The hearing officer must be a judicial officer or member of the court’s bar. (E) Examiner.

The panel may appoint a member of the committee or another attorney to present evidence in support of discipline. (F) Clerk of Court. The Clerk of Court will process a disciplinary matter as stated in this rule. Local Rules of Civil Practice - District of Utah Eff.

December 2025 86 (2) Disciplinary Authority Immunity. Disciplinary authorities are immune from claims arising out of disciplinary actions. (3) Hearing. The trier of fact, which may be the panel that may include a member of the committee, may permit discovery, receive testimony, and consider other evidence as deemed relevant or material.

The Federal Rules of Evidence do not apply. (4) Records. (A) Public. An order of discipline is a public record and will be reflected in the court’s public attorney directory, unless ordered otherwise.

(B) (C) Confidential. All other disciplinary records are confidential. Record Requests. A person may file a request to obtain copies of disciplinary records with the Clerk of Court.

The panel may authorize the clerk to provide copies of the records. If the panel denies the request, the person may file an objection within 14 days. The Chief Judge will address the objection. Reinstatement.

(1) An attorney who has been disciplined in this court may file a motion for reinstatement in the original disciplinary action. Reinstatement in this court is not automatic after reinstatement in another jurisdiction. (2) The motion must succinctly: (A) identify disciplinary and reinstatement actions taken in any jurisdiction; and (B) explain why reinstatement is appropriate in this court and will not be detrimental to the integrity of the bar of this court, the interests of justice, or the public. Local Rules of Civil Practice - District of Utah Eff.

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