Rule 1.100.Relief from Application of Court Rules
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 1.100
Plain-English Summary
Every rulebook needs a valve, and this is the one. A judge may give relief from the application of the UTCR or of a local rule. The grant is deliberately narrow in scope and deliberately broad in reach: narrow because it operates in an individual case, broad because it covers statewide rules and local rules alike.
The standard has two parts and both have to be met. There must be good cause shown, and the relief must be necessary to prevent hardship or injustice. Good cause alone is not the test, and neither is inconvenience. What persuades is a concrete account of what the rule would cost in this case and why no lesser step fixes it.
Who decides matters too. The rule gives the power to a judge, not to the trial court administrator or court staff. And because relief runs to an individual case, an order under this rule changes nothing for the next case or for the district's practice generally. Ask before the deadline rather than after: a request framed as relief from a rule reads differently than a request to excuse a violation that has already caused a problem. The rule does not prescribe a form of request, so follow whatever motion practice the case and the district's SLR call for.
Frequently Asked Questions
Can a judge waive a UTCR requirement?
Yes. A judge may grant relief from application of the rules in an individual case on good cause shown, where relief is necessary to prevent hardship or injustice. The rule is the recognized path when a general requirement produces a bad result in a particular case.
What do I have to show to get relief?
Good cause, and that the relief is necessary to prevent hardship or injustice. Be specific about the hardship. A general complaint that the rule is burdensome does not carry the second half of the test.
Does this cover local rules too?
Yes. The rule reaches relief from these rules or SLR, so a judge can excuse compliance with a supplementary local rule on the same showing. That matters where a district's rule adds a step that does not fit the case in front of the court.
If the judge grants relief, does the rule stop applying to other cases?
No. Relief is given in an individual case. The rule remains in force for everyone else, including for the same parties in a different matter, and nothing about the order changes the district's practice.
Can the trial court administrator grant relief from a rule?
No. The rule places the decision with a judge. Court staff can tell you what a rule requires and how the district handles filings, but excusing a requirement takes a judicial decision.