(a) Special statutory proceedings. These rules apply to all special statutory proceedings, except insofar as such rules are by their nature clearly inapplicable. Where a statute provides for procedure by reference to any part of the former Code of Civil Procedure, such procedure will be in accordance with these rules.
Rule 81.Applicability of rules in general
Part XI: General Provisions · Last amended November 1, 2024 · Last verified July 13, 2026
In one sentenceRule 81 marks the outer edge of the civil rules, extending them to special statutory proceedings and to gaps in criminal practice while carving out small claims, uncontested probate, and matters the business and chancery court rules already cover.
Full Text of Rule 81
(b) Probate and guardianship. These rules do not apply to proceedings in uncontested probate and guardianship matters, but apply to all proceedings subsequent to the joinder of issue therein, including the enforcement of any judgment or order entered.
(c) Application to small claims. These rules do not apply to small claims proceedings except as expressly incorporated in the Small Claims Rules.
(d) Application to business and chancery court. These rules apply in the business and chancery court except where there is a rule of the same number in the Utah Rules of Business and Chancery Procedure, or where the Utah Rules of Business and Chancery Procedure exclude application of these rules by specific rule number.
(e) Administrative proceedings. On appeal from or review of a ruling or order of an administrative board or agency. These rules apply to the practice and procedure in appealing from or obtaining a review of any order, ruling or other action of an administrative board or agency, except insofar as the specific statutory procedure in connection with any such appeal or review is in conflict or inconsistent with these rules.
(f) Application in criminal proceedings. These rules also govern in any aspect of criminal proceedings where there is no other applicable statute or rule, provided, that any rule so applied does not conflict with any statutory or constitutional requirement.
Amendment History
Amended effective November 1, 2001; Amended effective November 1, 2024.
Plain-English Summary
The civil rules don't apply everywhere by default — Rule 81 spells out where they reach. They cover special statutory proceedings unless something about the proceeding makes a particular rule clearly a poor fit, and they step in wherever an old statute points back to the former Code of Civil Procedure for its procedure. They also fill gaps in criminal cases: where no statute or criminal rule covers a point, the civil rules apply, as long as doing so doesn't collide with a statute or constitutional requirement. On the appellate side, they govern how a party appeals or seeks review of an administrative board or agency decision, except where a specific statute for that kind of appeal conflicts with them.
Three carve-outs matter just as much as what's included. Uncontested probate and guardianship matters sit outside the civil rules entirely — but once an issue is joined (a will contest, for example), the rules apply from that point forward, including enforcing whatever judgment or order eventually comes out of it. Small claims cases are off-limits except to the extent the Small Claims Rules specifically borrow from them. And in the business and chancery court, the civil rules apply by default, but yield whenever the Utah Rules of Business and Chancery Procedure has a same-numbered rule on point or expressly excludes a civil rule by number.
Frequently Asked Questions
Do the civil rules apply in small claims court?
No, not unless the Small Claims Rules specifically adopt a particular civil rule. Small claims runs on its own set of rules.
Do the civil rules apply to a probate case?
Not to routine, uncontested probate or guardianship matters. Once the matter becomes contested — an issue is joined — the civil rules take over, including for enforcing the resulting judgment or order.
Do the civil rules apply in criminal cases?
Yes, but only as a gap-filler. They govern any aspect of a criminal case that isn't already covered by another statute or rule, and only if applying them wouldn't conflict with a statute or constitutional requirement.
What happens in business and chancery court if a civil rule and a business court rule overlap?
The business and chancery rule wins. The civil rules apply in that court by default, but a Utah Rule of Business and Chancery Procedure with the same rule number, or one that specifically excludes a civil rule, controls instead.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
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