Rule 1.030.Transition to These Rules
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 1.030
Plain-English Summary
A new rule does not wait for new cases. On its effective date, a rule or amendment applies to every action and proceeding pending at that moment and to everything filed afterward. That is the default, and for most changes it causes no trouble.
The escape hatch sits in the same sentence. If, in the opinion of the court, applying an amendment to a particular pending action would not be feasible or would work injustice, the former rules or procedures apply instead. The test has two branches, and the second one carries the weight in practice: not merely inconvenient, but unjust. A party who wants the old procedure should say what the new rule would cost at this stage of the case and why the cost cannot be cured.
The rule does the same work for local rules, and it does it automatically. On the effective date, any supplementary local rule, or any part of one, that is inconsistent with the UTCR or an amendment is superseded. No local repeal is needed and no order is required. A judge may still order, when justice requires, that a case pending on that date be governed by the previous SLR or by the court's previous practice.
Frequently Asked Questions
Does a new UTCR apply to a case I already filed?
Yes, unless the court says otherwise. On its effective date the rule applies to all actions and proceedings pending on that date as well as those commenced later. If the change would be unworkable or unjust in your case, ask the court to apply the former rule.
What if the new rule would be unfair to apply in the middle of my case?
The rule anticipates that. Where, in the opinion of the court, applying an amendment in a pending action would not be feasible or would work injustice, the former rules or procedures govern instead. Explain the concrete problem: work already done under the old procedure, a deadline that cannot be met, a step that can no longer be taken.
What happens to a local rule that conflicts with a new UTCR?
It is superseded on the effective date, to the extent of the inconsistency. A supplementary local rule survives only where it is consistent with the statewide rule. The district will usually update its SLR in the next annual cycle under UTCR 1.050, but the conflicting language stops having force before that cleanup happens.
Can a judge keep the court's old local practice in place for my case?
Yes. When justice requires it, a judge may order that an action or proceeding pending on the effective date be governed by the previous SLR or the previous practice of the court. This is case by case, not a standing exception for the district.
Do I need to file a motion to get the former rule applied?
The rule does not prescribe a form of request. It speaks of the opinion of the court and of a judge's order, so the practical answer is to raise it with the court, in writing where a written record helps, and early enough that the court can rule before the step in question has to be taken.