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Rule 40.Attorney?s or party?s signature; representations to the court; sanctions anddiscipline.

(a) Attorney?s orparty?s signature. Every motion, brief, and other document must be signedby at least one attorney of record who is an active member in good standing ofthe Bar of this state or by a party who is self‑represented. A person maysign a document using any form of signature recognized by law as binding.

(b) Representationsto court. The signature of an attorney or self‑represented partycertifies that to the best of the person?s knowledge formed after an inquiryreasonable under the circumstances:

(1) the filing is not beingpresented for any improper purpose, such as to harass or to cause unnecessarydelay or needless increase in the cost of litigation;

(2) the legal contentions arewarranted by existing law or by a nonfrivolous argument for the extension,modification, or reversal of existing law or the establishment of new law;

(3) the factual contentions aresupported by the record on appeal; and

(A) the filing contains noinformation or records classified as private, controlled, protected,safeguarded, sealed, juvenile court legal, or juvenile court social or anyother information or records to which the right of public access is restricted bystatute, rule, order, or case law; or

(B) a filing required by Rule 21(h) that doesnot contain information or records classified as private, controlled,protected, safeguarded, sealed, juvenile court legal, or juvenile court socialor any other information or records to which the right of public access isrestricted by statute, rule, order, or case law is being filed simultaneously.

(c) Sanctions anddiscipline of attorneys and parties. The court may, after reasonable noticeand an opportunity to show cause to the contrary, and upon hearing, ifrequested, take appropriate action against any attorney or person who practicesbefore it for inadequate representation of a client, conduct unbecoming amember of the Bar or a person allowed to appear before the court, or forfailure to comply with these rules or order of the court. Any action to suspendor disbar a member of the Utah State Bar shall be referred to the Office ofProfessional Conduct of the Utah State Bar.

(d) Rule does notaffect contempt power. This rule does not limit or impair the court?sinherent and statutory contempt powers.

(e) Appearance ofcounsel pro hac vice. An attorney who is licensed to practice before thebar of another state or a foreign country but who is not a member of the Bar ofthis state, may appear, pro hac vice upon motion, filed pursuant to Rule 14-806of the Rules Governing the Utah State Bar. A separate motion is not required inthe appellate court if the attorney has previously been admitted pro hac vicein the trial court or agency, but the attorney shall file in the appellatecourt a notice of appearance pro hac vice to that effect.

Effective May 1, 2016

AdvisoryCommittee Note

Court records are public unlessotherwise classified as private, controlled, protected, safeguarded, sealed,juvenile court legal, or juvenile court social by the Utah Code of JudicialAdministration. The right of public access may be restricted by statute(including the Government Records Access and Management Act), rule, case law,or court order. If a filing contains information or records that are notpublic, the filer must file an unredacted version for the court and a versionfor the public that does not contain the nonpublic information.

Adopted2020