National Center for State Courts

 

Improving Justice through Leadership
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Utah Mass Tort Survey

    

 

   

Mass Tort
Utah
Survey Results



Tracking and/or reporting of mass tort cases

None known.

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Definition of "mass tort"

None known.

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Procedural rules

Utah Rules of Civil Procedure Rule 16. Pretrial conferences, scheduling, and management conferences. The rule allows the court in its discretion or upon motion of a party to direct attorneys to appear for a pretrial conference for various purposes, including "establishing early and continuous control so that the case will not be protracted for lack of management." R.16(2)


Court Rule 4-5-10 establishes court-annexed ADR for civil cases in district courts (Second, Third, and Fourth Judicial Districts).

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Statutes

Pertinent legislation to be considered in 2006 includes: Prohibition of Contingent Fees For Expert Witnesses; Utah Attorney’s Fees Recovery Act; and Limits on Non-Economic Damages. 


SB 252 containing consumer credit code amendments was passed March 15, 2006. The law expressly validates contract language waiving borrowers' rights to participate in class actions against lenders.

Utah Code § 78B-3-410 caps non-economic losses in malpractice actions against health care providers. The state treasurer must certify to the AOC annual adjustments based on inflation. A schedule of cap amounts on causes of action arising on or after particular dates is available. 
Post-judgment interest rates are governed by §15-1-4. A schedule for rates dating back to 1993 is available.

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Case law

None known.

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Administrative orders

None known.

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Interlocutory appeal

Under the Utah Rules of Court-Annexed Alternative Dispute Resolution, Rule 101(j): "no interlocutory appeal may be taken from an order granting or denying a motion to refer a civil action pending on January 1, 1995, to the ADR program." 

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Infrastructure: special dockets

None known.

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Infrastructure: task forces, commissions, or other policy-level bodies

The Interim Judiciary Committee of the Utah State Legislature is looking at tort reform and recommended legislation for the 2006 Utah State Legislature General Session.

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Case management

Under civil/torts; no special tracking.

The Utah Court of Appeals offers appellate mediation. The program began in 1998.

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Technology

The Court Information System (CORIS) tracks all motions and proceedings in all civil and criminal cases.

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Last Modified: 8/29/2006 9:48:26 AM

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