Rule 23A – Derivative Actions by Shareholders

by | May 14, 2021 | Civil Procedure, Utah

(a) The complaint in a derivative action brought by one or more shareholders or members to enforce a right of a corporation or of an unincorporated association shall be verified and shall allege:(a)(1) the right that the corporation or association could have enforced...

Rule 23 – Class Actions

by | May 14, 2021 | Civil Procedure, Utah

(a) Prerequisites to a class action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the...

Rule 22 – Interpleader

by | May 14, 2021 | Civil Procedure, Utah

Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objecting to the joinder that the claims of the...

Rule 21 – Misjoinder and Non-joinder of Parties

by | May 14, 2021 | Civil Procedure, Utah

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and...

Rule 20 – Permissive Joinder of Parties

by | May 14, 2021 | Civil Procedure, Utah

(a) Permissive joinder. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any...