Rule 5.150.Streamlined Civil Jury Cases

UTCR 5.150 offers an alternative track for a civil case that is eligible for a jury trial. Getting on it takes agreement and capacity. The designation is not available everywhere, because it depends on the staff, judges, and courtrooms a judicial district has, so a party who wants it must confer with the court to find out. If the track is open, that party must obtain the agreement of all other parties and submit a joint motion and an order to the presiding judge on substantially the published forms.

The decision belongs to the presiding judge or designee, and the rule places it in that judge's sole discretion. The request is considered on an expedited basis when possible, and the judge enters an order granting or denying it. Granting brings consequences that arrive together: the case is exempted or removed from mandatory arbitration and from all court rules requiring mediation, arbitration, and other forms of alternative dispute resolution, and the judge sets a trial date certain no later than 180 days from the date of the order.

Speed is paid for with disclosure. Within 30 days of the date of the designation order, each party must give every other party the names, plus addresses and telephone numbers if known, of the people other than expert witnesses likely to have knowledge the party may use to support its claims or defenses; copies of the unprivileged documents and tangible things in its possession, custody, or control that it may use the same way; and copies of all insurance agreements and policies discoverable under the civil procedure rules. Material to be used solely for impeachment is excluded. Discovery must be complete no later than 14 days before trial, the parties are encouraged to stipulate on its scope, nature, and timing, and the court may use streamlined procedures to resolve a discovery dispute.

The final stretch tightens further. No later than three days before trial, the parties file stipulations about the admission of exhibits, how expert testimony will be submitted, the use of deposition excerpts if there are any, and the conduct of the trial. Once the designation order enters, no party may file a pretrial motion without prior leave of the court. And the date is meant to hold: a party's own failure to request or respond to discovery is not a basis for that party to seek a postponement of the trial date.