Author: Utah Courts

Rules of Evidence – Effective November 1, 2026

URE804. Exceptions to the Rule Against Hearsay – When the Declarant is Unavailable as a Witness. Amend. The amendments follow recent changes to Federal Rule of Evidence 804 clarifying that courts consider the totality of the circumstances to determine a statement’s trustworthiness, not just corroborating circumstances.

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Rules of Juvenile Procedure – Effective November 1, 2026

URJP020. Discovery generally. Amend. The approved changes to Rule 20 include: (a) renaming the rule to “Discovery and subpoenas in delinquency and criminal proceedings,” reflecting the expanded scope and applicability to delinquency and criminal proceedings in juvenile court; (b) removing language not related to discovery in delinquency or criminal proceedings; (c) explicitly requiring prosecutors in the county of occurrence to disclose discovery materials prior to arraignment; (d) adopting and clarifying that Rule 14 of the Utah Rules of Criminal Procedure governs subpoenas; and (e) articulating the timing and content requirements for notice of expert witnesses in trials and hearings, and potential sanctions for noncompliance.

URJP023A. Hearing on factors of Utah Code section 80-6-503; bind over to district court. Amend. The approved amendments to Rule 23A update statutory references while removing procedural provisions duplicative of Utah Code section 80-6-504. Additionally, the proposal simplifies the procedures for binding a minor over to district court following a probable cause determination.

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Rules of Appellate Procedure – Effective November 1, 2026

URAP001. Scope of rules. The amendments to Rule 1 include: 1) clarifying which rules do not apply to substantiation proceedings under Utah Code § 80-3-504; and 2) clean-up for clarity and consistency.

URAP019. Extraordinary relief.  The amendments to Rule 19 include: 1) clarifying that contents of the petition must include headings and be in order; and 2) adding a procedure for the clerk to reject a petition if all required contents are not included.

URAP027. Form of briefs, motions, and other documents. The amendments to Rule 27 adds a requirement that cases involving pretrial detention, parental rights and child custody, or capital charges must state that it is such a case on the cover of the brief. This expands on the already effective requirement that the cover must note if an individual is incarcerated.

URAP048. Time for petitioning. The amendment to Rule 48 puts into rule an internal process that states a rejected petition for writ of certiorari will be construed as an extension of time if filed prior to the admitted time expiring.

URAP049. Petition for writ of certiorari. The amendment to Rule 49 adds paragraph (f) and puts into rule an internal process that allows the clerk to reject a petition if it does not substantially comply with the content requirements of paragraph (a).

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Supreme Court Rules of Professional Practice – Effective November 1, 2026

SCRP01-501. Lawyer disciplinary and disability proceedings: purpose, authority, scope, and structure. Amend
SCRP01-502. Definitions. Amend
SCRP01-503. Oversight Committee for the office of Professional Conduct. Amend
SCRP01-510. Ethics and Discipline Committee composition. Amend
SCRP01-511. Screening panel composition; responsibilities. Amend
SCRP01-522. Ethics advisory opinions. Amend
SCRP01-523. OPC investigative subpoenas. Amend
SCRP01-530. Professional misconduct proceedings. Amend
SCRP01-531. Proceedings before Committee and screening panels. Amend
SCRP01-532. Exceptions to screening panel determinations and recommendations. Amend
SCRP01-535. Appealing a final Committee disposition to the Supreme Court. Amend
SCRP01-542. Additional rules of procedure. Amend
SCRP01-552. Diversion contract. Amend
SCRP01-553. Respondent’s participation in diversion. Amend
SCRP01-560. Grounds for discipline. Amend
SCRP01-561. Accessing disciplinary information. Amend
SCRP01-563. Interim discipline for threat of harm. Amend
SCRP01-567. Reciprocal discipline. Amend
SCRP01-570. Notice of disability or suspension; return of clients’ property; refund of unearned fees. Amend
SCRP01-580. Purpose and nature of sanctions. Amend
SCRP01-581. Sanctions. Amend
SCRP01-590. Reinstatement following a suspension of no more than six months or probation. Amend
SCRP01-591. Reinstatement following a suspension of more than six months; relicensure. Amend
The amendments to the rules listed above are intended for clarity and consistency and include: 1) creating a definition for sending documents and ensuring the usage is consistent throughout the rules; 2) removing most of the references to “licensed paralegal practitioners” as the definition of Lawyer was previously amended to include LPPs; 3) changing the definition of “Complainant” to no longer include the OPC; and 4) removing any inclusion of a hyphen in “vice chairs.”

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Rules of Civil Procedure – Effective November 1, 2026

URCP029. Stipulations regarding disclosure and discovery procedure. AMEND. The amendment corrects a cross-reference from Rule 26(b)(2) to Rule 26(b)(3) regarding proportionality standards.

URCP030. Depositions upon oral questions. AMEND. The amendments to paragraph (f) remove outdated requirements for deposition officers to physically seal and label deposition records, eliminating unnecessary procedures and costs associated with the delivery of deposition records.

URCP037. Statement of discovery issues; Sanctions; Failure to admit, to attend deposition or to preserve evidence. AMEND. The amendments align paragraph (a)(2) with Rule 7(q) by allowing statements of discovery issues to be limited to either four pages or 1,500 words, and correct a cross-reference in paragraph (a)(7) from Rule 26(b)(2) to Rule 26(b)(3) regarding proportionality standards.

URCP074. Withdrawal of counsel. AMEND. The amendment to paragraph (e) removes the requirement that former counsel sign a notice of substitution of counsel, allowing clients to obtain new representation without requiring their former counsel’s signature or approval.

URCP105. Shortening 30 day waiting period in divorce actions. AMEND. The amendments replace references to a “motion for a hearing” with a “request to enter a decree of divorce” to reflect the modern practice of submitting stipulated proposed findings rather than holding hearings, and include minor plain-language and stylistic revisions.

URCP110. Judicial interview of a minor child. NEW. This new rule establishes procedures for judicial interviews of minor children in district court proceedings, excluding child testimony and interviews conducted by individuals other than judges or commissioners. Adapted from the Uniform Judicial Interview of Children Act, the rule addresses the criteria for conducting interviews, required judicial training, recording procedures, attorney guardian ad litem attendance, and access to interview records.

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Rules of Professional Conduct – Effective November 1, 2026

RPC01.00. Terminology. Amend. The amendments to a group of rules (1.0, 1.5, and 5.4) coincide with the new proposed rule 5.8 to address fee sharing between lawyers. The amendments to this rule include the definition of fee sharing, legal fees, referral fees and new comments for legal fees and referral fees.

RPC01.5. Fees. Amend. The amendments to a group of rules (1.0, 1.5, and 5.4) coincide with the new proposed rule 5.8 to address fee sharing between lawyers. The amendments to this rule include adding language regarding fee sharing and referral fees.

RPC05.4. Professional independence of a lawyer. Amend. The amendments to a group of rules (1.0, 1.5, and 5.4) coincide with the new proposed rule 5.8 to address fee sharing between lawyers. The amendments to this rule include adding language regarding fee sharing and referral fees.

RPC05.8. Fee sharing between lawyers. New. The amendments to a group of rules (1.0, 1.5, and 5.4) coincide with this new proposed rule 5.8 to address fee sharing between lawyers.

RPC01.4. Communication. Amend. The amendment to this rule in subparagraph (a)(1) reflects the correct subparagraph in rule 1.0, along amendments to conform to the rules style guide.

RPC08.4. Misconduct. Amend. The proposed amendment to this rule adds a new comment [3b] regarding the conditioning of a resolution to a legal dispute upon a promise to withdraw or not file a complaint for misconduct.

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Rules of Court-Annexed Alternative Dispute Resolution Effective November 1, 2026

URCADR104. Utah Rules of Court-Annexed Alternative Dispute Resolution, Rule 104. Code of Ethics for ADR Providers. FINAL.  The proposed amendments include language that adds the facilitators who conduct Online Dispute Resolution for the Justice Courts to the ethical requirements found in this rule, along with amendments to update the rule and to conform to the Supreme Court’s style guide for the rules.

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Code of Judicial Administration – Effective November 1, 2026

CJA03-201.01. Commissioners for divisions within the district court (NEW)
CJA03-201.02. Court Commissioner Conduct Committee (AMEND)
CJA06-701. Debt Collection and Housing Action Division (NEW)
CJA06-702. Debt Collection and Housing Action Division Commissioners (NEW)
CJA03-111. Performance evaluation of court commissioners (AMEND)
CJA03-202. Court referees prohibited (AMEND)
CJA04-403. Electronic signature and signature stamp use (AMEND)

The proposed amendments and new rules establish an administrative and operational framework for court commissioners serving the newly created Debt Collection and Housing Action Division, defining their duties, hearing authority, and supervisory structure. Further proposed amendments to Rule 3-201.02 allow the Court Commissioner Conduct Committee to issue a private warning when dismissing a complaint against a commissioner for unprofessional behavior that does not rise to the level of misconduct.

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Rules of Juvenile Procedure – Effective September 23, 2026

URJP016. Transfer of delinquency case and venue. Amend. The approved amendments reorganize transfer procedures by establishing the minor’s county of residence as the primary venue for preliminary inquiries, detention hearings (with two exceptions), and arraignments. If a petition is not resolved at arraignment, venue transfers to the county of occurrence for pretrial proceedings and adjudication before returning to the minor’s county of residence for disposition and further proceedings. The rule permits competency motions to be heard in either court following mutual consultation between the two courts.

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