Joint Resolution Amending Court Rules

5
Rule 42
SJR006
SJR005
Rule 42
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Joint Resolution Amending Court Rules
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: Katy Hall
LONG TITLE
General Description:
This resolution amends the Utah Rules of Civil Procedure.
Highlighted Provisions:
This resolution:
amends Utah Rules of Civil Procedure, Rule 42, to address separate trials in a medical
malpractice action and transfer to a district court panel;
makes technical and conforming changes; and
includes a coordination clause with S.J.R. 5, Joint Resolution Amending the Utah Rules
of Civil Procedure, to address the coordination clause in S.J.R. 5.
Money Appropriated in this Bill:
None
Other Special Clauses:
This resolution provides a special effective date.
This resolution provides a coordination clause.
Utah Rules of Civil Procedure Affected:
AMENDS:
Rule 42
, Utah Rules of Civil Procedure
Utah Code Sections Affected by Coordination Clause:
Rule 42
, as Utah Rules of Civil Procedure
Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
of the two houses voting in favor thereof:
As provided in Utah Constitution Article VIII, Section 4, the Legislature may amend rules of
procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of all
members of both houses of the Legislature:
The following section is affected by a cooordination clause at the end of this bill.
Section 1.
Rule 42
, Utah Rules of Civil Procedure is amended to read:
Rule 42
. Consolidation; separate trials; venue transfer.
(a) Consolidation.

(1) When actions involving a common question of law or fact or arising from the same
transaction or occurrence are pending before the court in one or more judicial districts, the
court may, on motion of any party or on the court's own initiative:
(A) order that the actions are consolidated in whole or in part for any purpose,
including for discovery, other pretrial matters, or a joint hearing or trial;
(B) stay any or all of the proceedings in any action subject to the order;
(C) transfer any or all further proceedings in the actions to a location in which any of
the actions is pending after consulting with the presiding judge of the receiving court; and
(D) make other such orders concerning proceedings therein as may tend to avoid
unnecessary costs or delay.
(2) In determining whether to order consolidation and the appropriate location for the
consolidated proceedings, the court may consider, among other factors:
(A) the complexity of the actions;
(B) the importance of any common question of fact or law to the determination of the
actions;
(C) the risk of duplicative or inconsistent rulings, orders, or judgments;
(D) the case and records classification of each case as described in

Rule 4-202.02 of
the Utah Code of Judicial Administration;
(E) the relative procedural postures of the actions;
(F) the risk that consolidation may unreasonably delay the progress, increase the
expense, or complicate the processing of any action;
(G) prejudice to any party that far outweighs the overall benefits of consolidation;
(H) the convenience of the parties, witnesses, and counsel; and
(I) the efficient utilization of judicial resources and the facilities and personnel of the
court.
(3) A motion to consolidate may be filed or opposed by any party to either action to
be consolidated, without seeking permission to intervene. The motion must be filed in and
heard by the judge assigned to the first action filed and must be served on all parties in each
action pursuant to

Rule 5. The movant must file in each action notice of the motion and notice
of the order denying or granting the motion.
(4) If the court orders consolidation, the consolidated case will be heard by the judge
assigned to the first action filed, unless otherwise ordered by the presiding judge or agreed
upon by the originally assigned judges. The court will order that a single case number be used
for all subsequent filings in the consolidated case.
(b) Consolidation or severance in whole or in part.
For convenience or to avoid prejudice,
the court may:
(1) order that the consolidated matters be tried together or that a separate trial be held on
any one or more claims, crossclaims, counterclaims, third-party claims, or separate issues; or
(2) order that the consolidated matters be severed at any point and provide that the
matters be treated as separate actions going forward, including that the severed matters be tried
by either the judge in the consolidated matter or the originally assigned judge.
(c) Separate trials in a medical malpractice action.
For a malpractice action against a health
care provider, the factfinder may not prejudice a defendant by knowing or considering
evidence of the claimant's alleged losses for past medical expenses or the past cost of medical
equipment before:
(1) liability for the alleged losses has been established; and
(2) any claim or award of noneconomic damages, if any, for the alleged losses has been
fully adjudicated or entered.
(c)
(d)
Reassignment.
If the consolidation of actions would be otherwise appropriate but is
not administratively possible, the judge assigned to the first action may order the court clerk to
reassign the other actions to the judge assigned to the first action. Such actions will be treated
for all purposes as if they were consolidated except that the actions will retain their separate
case numbers, which must be included on all filings.
(d)
(e)
Transfer of action to proper venue or the business and chancery court.
(1)
Transfer to proper venue.
(A) On timely motion of any party, where transfer to a proper venue is available, the
court must transfer any action filed in an improper venue.
(B) The court must give substantial deference to a plaintiff's choice of a proper
venue.
(C) On timely motion of any party, a court may:
(i) transfer venue of any action, in whole or in part, to any other venue for any
purpose, including for discovery, other pretrial matters, or a joint hearing or trial;
(ii) stay any or all of the proceedings in the action; and
(iii) make other such orders concerning proceedings therein to pursue the interests
of justice and avoid unnecessary costs or delay.
(2)
Transfer to business and chancery court.
(A) If a plaintiff filed the complaint in the district court and the action meets the
jurisdictional requirements of the business and chancery court, a party may file a separate
notice requesting transfer of the action to the business and chancery court.
(B) If a party makes a request to transfer an action to the business and chancery court
within 21 days after the appearance of the party:
(i) the district court must transfer the action to the business and chancery court
unless the district court determines that the transfer will prejudice the interests of justice; and
(ii) the district court may not give any deference to the plaintiff's choice to file the
complaint in the district court.
(C) If a party makes a request to transfer an action to the business and chancery court
more than 21 days after the appearance of the party, the district court may:
(i) give deference to the plaintiff's choice to file the complaint in the district court;
or
(ii) transfer the action to the business and chancery court if the factors described in
paragraph
(d)(3)
(e)(3)
weigh in favor of transfer.
(D) A district court may not transfer the action to the business and chancery court
under this rule if the action does not meet the jurisdictional requirements of the business and
chancery court.
(3)
Factors in determining whether to transfer an action.
On a motion under paragraph
(d)(1)
(e)(1)
or (2), a court may consider, among other factors, whether the transfer will:
(A) increase the likelihood of a fair and impartial determination in the action;
(B) minimize expense or inconvenience to parties, witnesses, or the court;
(C) decrease delay;
(D) avoid hardship or injustice otherwise caused by:
(i) the venue requirements if the court is determining whether to transfer the
action to the appropriate venue under paragraph
(d)(1)
(e)(1)
; or
(ii) keeping the action in the district court if the court is determining whether to
transfer the action to the business and chancery court under paragraph
(d)(2)
(e)(2)
; and
(E) advance the interests of justice.
(4)
Expenses.
The court may direct that specified parties pay the expenses, if any, of a
transfer of an action to the appropriate venue or to the business and chancery court.
(e)
(f)

Transfer of an action to district court panel.

(1)
The Attorney General, the Governor, or the Legislature
A party
may file a notice to
convene a district court panel, as described in Utah Code section 78A-5-102.7, in an action in
the district court if the notice to convene is filed within 45 days after:
(A) the day on which the action is commenced;
(B) the day on which the amended complaint is filed if the complaint is amended in
the action; or
(C) February 13, 2026, if the action is pending in the district court on February 13,
2026.
(2) If
the Attorney General, the Governor, or the Legislature
a party
files a notice to
convene a district court panel, the district court judge assigned to the action at the time the
notice is filed must:
(A) notify the presiding officer of the Judicial Council that the action must be
transferred to a district court panel; and
(B) transfer the action to the district court panel convened to hear and decide the
action.
(3) Upon the filing of a notice to convene a district court panel, the district court judge
assigned to the action at the time the notice is filed may not sever any matter from the action or
take any further action.
(4) A district court panel may transfer an action back to the district court judge assigned
to the action at the time the notice was filed if:
(A) the party that filed the notice fails to pay the filing fee if a filing fee is required
for the party; or
(B) the panel determines that the notice did not comply with paragraph (f)(1) or with
the requirements in Utah Code section 78A-5-102.7.
Section 2.
Effective Date.
As provided in Utah Constitution, Article VIII, Section 4, this resolution takes effect
upon a two-thirds vote of all members elected to each house.
Section 3.
Coordinating S.J.R. 6 with S.J.R. 5.
If S.J.R. 6, Joint Resolution Amending Court Rules, and S.J.R. 5, Joint Resolution
Amending the Utah Rules of Civil Procedure, both pass and become law, the Legislature
intends that, on the date when both resolutions have passed and taken effect, the coordination
clause in S.J.R. 5 that coordinates with S.J.R. 6 not take effect.
3-12-26 11:29 AM