Posted: October 31, 2023
Rules of Evidence – Effective November 1, 2023
URE0101. Scope; Definitions. Amend. The amendments add certain definitions in subparagraph (b) to clarify the applicability of the Utah Rules of Evidence to juvenile court proceedings, and add subparagraph (c) to specify that in the event of conflict between these definitions and the Utah Rules of Juvenile Procedure, the latter rules govern.
URE0412. Admissibility of Victim’s Sexual Behavior of Predisposition. Amend. Subparagraph (a) is amended to omit the specific reference to “juvenile delinquency” proceedings. In view of the proposed amendments to URE 101 and 1101, the reference is unnecessary. The reference could also be confusing since other rules that likewise apply to juvenile delinquency proceedings do not include such specific references.
URE0615. Excluding Witnesses. Amend. Subparagraphs (d) and (e) are amended to omit the specific references to “juvenile delinquency” proceedings. In view of the proposed amendments to URE 101 and 1101, the references are unnecessary. The references could also be confusing since other rules that likewise apply to juvenile delinquency proceedings do not include such specific references.
URE1101. Applicability of Rules. Amend. Subparagraph (a) is amended to add a provision clarifying that the Utah Rules of Evidence apply to “all juvenile court proceedings unless stated otherwise in the Utah Rules of Juvenile Procedure.”
Posted: October 31, 2023
Code of Judicial Administration – Effective November 1, 2023
CJA06-0501. Reporting requirements for guardians and conservators (AMEND). In response to previous public comments, the amendments clarify filing requirements and the use of court forms for guardians and conservators.
Posted: October 31, 2023
Rules of Juvenile Procedure – Effective November 1, 2023 – CORRECTED
URJP022. Initial appearance and preliminary examination in cases under Section 80-6-503. Amend. The approved amendments to Rule 22 include: (1) adding reference to Utah Code section 80-6-504 to the title; (2) changing the term “preliminary examination” to “preliminary hearing”; (3) in paragraph (f), adding reference to subsection (3) of 80-6-504; (4) in paragraph (g), clarifying timelines for scheduling preliminary hearings based on whether a youth is in custody, removing reference to Utah Code section 80-6-503, and moving the language allowing extension to time periods to the end of the paragraph; (5) replacing the language in paragraph (h) and making reference to 80-6-504(11); (6) removing specific probable cause language in paragraph (j) and making reference to 80-6-504(2)(a) and 80-6-503(3) instead; and, (7) adding “may” to the second clause of paragraph (k) to mirror the language of Rule 7B of the Utah Rules of Criminal Procedure. The changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide. Lastly, a previous version of Rule 22 was circulated that unintentionally included the language “in whole or in part” in paragraph (k) that had been previously removed by the legislature on May 3, 2023. Effective November 1, 2023.
Posted: October 4, 2023
Rules of Civil Procedure – Effective November 1, 2023
URCP108. Objection to court commissioner’s recommendation. AMENDED. The rule has been amended in subparagraph (d)(2) for the referenced code sections to conform with the recodification of the applicable statutes after this past legislative session.
Posted: September 26, 2023
Rules of Appellate Procedure – Effective November 1, 2023
URAP005. Discretionary appeals from interlocutory orders. The approved amendments to Rule 5 include: (1) Make the process for preparing the record consistent with those in other types of appeals; and (2) remove the language requiring that ordering of transcripts be expedited (if parties require an expedited appeal, they may file a 23C motion for emergency relief).
URAP014. Review of administrative orders: how obtained, intervention. The approved amendments to Rule 14 include: (1) add a filing fee provision. This provision was inadvertently removed from the rule in 2016 as part of an effort to revise the rules to address efiling. The Committee is adding the provision back into the rule to make the filing fee requirement explicit, consistent with the fee requirements in Rules 3 and 5.
URAP050. Response; reply. The approved amendments to Rule 50 include: (1) add language which will allow a party to respond to a petition for writ of certiorari only when the Court requests one, as is the current practice for responses to petitions for interlocutory appeal (Rule 5(f)) and for rehearing (Rule 35(a)(4)); (2) remove language about the timing for a response when the filing fee is paid after the petition is served, because responses will no longer be permitted unless requested by the Court (additionally, Rule 48(a) addresses the filing fee requirement); and (3) clean up language for clarity and consistency.
Posted: September 25, 2023
Rules of Juvenile Procedure – Effective November 1, 2023
URJP022. Initial appearance and preliminary examination in cases under Section 80-6-503. Amend. The approved amendments to Rule 22 include: (1) adding reference to Utah Code section 80-6-504 to the title; (2) changing the term “preliminary examination” to “preliminary hearing”; (3) in paragraph (f), adding reference to subsection (3) of 80-6-504; (4) in paragraph (g), clarifying timelines for scheduling preliminary hearings based on whether a youth is in custody, removing reference to Utah Code section 80-6-503, and moving the language allowing extension to time periods to the end of the paragraph; (5) replacing the language in paragraph (h) and making reference to 80-6-504(11); (6) removing specific probable cause language in paragraph (j) and making reference to 80-6-504(2)(a) and 80-6-503(3) instead; and, (7) adding “may” to the second clause of paragraph (k) to mirror the language of Rule 7B of the Utah Rules of Criminal Procedure. Lastly, the changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.
Posted: September 21, 2023
Code of Judicial Administration – Effective November 1, 2023
CJA04-0202.11. Vexatious record requester (NEW). Establishes a process whereby an administrative unit in the judicial branch can petition for relief from a person the administrative unit believes to be a vexatious records requester. The rule is in response to S.B. 231 and 63G-2-702(5) passed during the 2023 legislative session.
Posted: August 29, 2023
Rules of Juvenile Procedure – Effective November 1, 2023
URJP037A. Visual recording of statement or testimony of child in abuse, neglect and dependency proceedings – Conditions of admissibility. Amend. The proposed amendments to Rule 37A include adding substantiation proceedings to the title and to paragraphs (b) and (c). The changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.
Posted: August 23, 2023
Rules of Civil Procedure – Effective November 1, 2023
URCP004. Process. FINAL. Amendments were made to subparagraph (d)(1)(D) after the suggestion proposed by Judge Orme in Jordan Credit Union v. Sullivan, 2022 UT App 120 (Orme, J. concurring) in order to allow for personal service of process on an incarcerated person.
URCP010. Form of pleadings and other papers. FINAL. Amendments were made to subparagraph (d) to modify the top margin from 1.5 inches to 1 inch, which is similar to the right, left and bottom margins.
URCP100A. Case management of domestic relations actions. FINAL. Amendments were made to subparagraph (a) to add a provision exempting the Office of Recovery Services from the case management conference requirement.