People often come into court thinking they can game or “outsmart the system.” They’ve read something online, talked to a friend who claims to have “pulled one over on the judge,” or just feel that “common sense” should override whatever the rules provide. But here’s the blunt truth: you cannot be a law unto yourself and succeed in court. Courts are built on rules—rules that exist not to inconvenience or trap you, but to keep things fair, orderly, and predictable. Ignore the rules, and you’ll pay for it one way or another.
The Rules Exist for a Reason
Utah’s civil court system doesn’t run on whim or personality. It runs on structure; specifically, the Utah Rules of Civil Procedure, the Utah Rules of Evidence, and the Utah Code of Judicial Administration. The very first rule of civil procedure sets the tone: the rules “shall be construed and administered to achieve the just, speedy, and inexpensive determination of every action.” That means efficiency, fairness, and clarity are the goal.
It doesn’t mean “do whatever you subjectively feel is fair.” It means following the process that makes fairness possible. When both sides play by the same set of rules, the judge can more easily and clearly get to the truth and make a decision that holds up under scrutiny.
Judges Can Set Case-Specific Rules Too
On top of the formal, written rules, courts have authority to manage their own dockets through standing orders and case-specific orders. A standing order might govern how discovery works in every domestic case in a judicial district. A case-specific order might tell you how to exchange exhibits before a hearing in your particular case or how long trial will take.
These orders aren’t “suggestions.” They have the same force as any other court rule or order. You can’t say, “Well, that’s not in the Utah Code” and blow them off. The court has discretion to manage its cases, so long as it stays within the limits of that discretion.
What Happens When You Don’t Follow the Rules
What most people don’t realize is that failing to follow the rules hurts you whether the judge catches you red-handed or not.
Example: you don’t file your disclosures because “you’ll bring them to trial.” Result? You may be barred from using your own evidence because you didn’t comply with the disclosure deadlines.
Or you think you can serve a subpoena by email instead of the way Rule 45 requires. Result? Your subpoena gets ignored and you don’t gather the evidence from that witness.
The court doesn’t have to “punish” you for breaking the rules; often, the natural consequence of noncompliance is punishment enough—you lose credibility, lose evidence, or lose your chance to be heard.
You Don’t Get to Make Up Your Own System
People sometimes believe they’re clever for “interpreting” the rules their own way. That’s not clever, it’s counterproductive. Courts aren’t bound by what you want to do; they’re bound by what the law requires you to do.
While you can be creative within the rules to a point, you can’t invent your own rules. If the rules say file a motion, don’t send the judge a letter. If the rules say produce documents, don’t decide unilaterally which ones are “relevant.” Courts must respect your lawful actions—but only if they’re actually lawful.
“Better to Ask Forgiveness than Permission”? No.
This is another losing move. Such a “strategy” almost always backfires. Courts view it as sloppy and/or disrespectful, not initiative.
If you take an action the rules prohibit (or that lies in a gray area), you’re not seen as bold; you’re seen as reckless and insolent. Maybe even contemptuous. The odds that you’ll “get away with it” are slim, and the price of getting caught can include sanctions, attorney’s fees, or worse (fines and jail—yes, really).
Winning within the rules takes more patience and discipline than trying to act as a law unto yourself, but it also means your win stands. Cheating—or bending the rules under the guise of “being practical”—only undermines your credibility and your case.
“Ignorance of the Law” Is Not an Excuse
Judges have heard every version of “I didn’t know I couldn’t do that.” They don’t buy it. Nor should they. If you’re involved in litigation, you’re expected to learn the basics of how it works—or to hire someone who does.
Understanding the procedural rules isn’t optional; it’s survival. Once you grasp how the system works, you can actually utilize it more successfully. For example, knowing disclosure and discovery timelines lets you compel information instead of waiting helplessly for it. Knowing how to make an objection can protect you from unfair evidence. Knowing the limits of a court’s discretion can stop an overreach before it harms you.
It’s not about memorizing the entire rule book; it’s about respecting the framework that keeps the process from descending into chaos.
Don’t Ask Your Lawyer to “Just See What Happens”
Clients sometimes tell their lawyers, “Let’s just try this and see if the judge says anything.” That’s asking your lawyer to gamble with your credibility and his/hers. Courts respect attorneys who operate by the book, even when fighting hard. They don’t respect those who cut corners or test the limits just to see how much they and their clients can get away with.
Remember: the court’s purpose is to ensure a just, speedy, and inexpensive determination—not a free-for-all. Judges appreciate lawyers and litigants who make their jobs easier by working within the rules, not those who make the job harder by ignoring or flouting them.
The Rules of Court Aren’t Shackles; They’re the Boundaries of Fair Play
Learn the rules, follow them. Work within the rules, not against them. You don’t have to like the rules, but you have to live by them if you have any hope of prevailing in your case. When you operate inside the rules, you protect yourself and you more easily advance your cause. Every time you step outside the rules, you stop fighting your opponent and start fighting the court. Break the rules, and you don’t hurt the other side—you hurt your own case. The moment you violate the rules, you forfeit the fairness that could have protected you.
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