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UT SJR009

UT SJR009
Joint Resolution Amending Rules of Civil Procedure on Injunctions


summary

Introduced
02/18/2025
In Committee
03/04/2025
Crossed Over
02/28/2025
Passed
03/14/2025
Dead
Signed/Enacted/Adopted
03/17/2025

Introduced Session

2025 General Session

Bill Summary

General Description: This joint resolution amends the Utah Rules of Civil Procedure to address injunctions.

AI Summary

This joint resolution amends Rule 65A of the Utah Rules of Civil Procedure to provide comprehensive guidance on injunctions, specifically addressing preliminary injunctions, temporary restraining orders, and their procedural requirements. The amendment establishes detailed protocols for issuing injunctions, including mandatory notice provisions, consolidation of hearings, and specific conditions for granting temporary restraining orders. Key provisions include requiring written justification for orders, mandating that applicants demonstrate a substantial likelihood of prevailing, prove potential irreparable harm, and show that the proposed injunction would not adversely impact public interest. The resolution introduces new filing requirements for challenging state laws, including a 45-day advance notice requirement for temporary restraining orders targeting laws with delayed implementation and a 28-day response window for constitutional challenges. Additionally, the amendment outlines security requirements for obtaining injunctions, specifies the form and scope of restraining orders, and provides a mechanism for parties to seek reconsideration of existing injunctions. The resolution takes effect upon a two-thirds vote of all members elected to each legislative house, as stipulated by the Utah Constitution.

Committee Categories

Justice, Transportation and Infrastructure

Sponsors (2)

Last Action

Senate/ to Lieutenant Governor in Lieutenant Governor's office for filing (on 03/17/2025)

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