Author: Utah Courts

Posted: June 22, 2009

Rules of Appellate Procedure

URAP 19. Extraordinary writs. Amend. The amendment will require a petitioner seeking extraordinary relief to state whether interlocutory appeal was sought, and if so, the results of the petition.
URAP 25. Brief of an amicus curiae or guardian ad litem. Amend. The proposal establishes specific deadlines for filing a brief of an amicus curiae.
URAP 37. Suggestion of mootness; voluntary dismissal. Amend. The amendments clarify that a suggestion of mootness should be filed only when one or more, but less than all, of the issues have become moot. If all the issues are moot, a motion for voluntary dismissal must be filed. The amendments also establish a process for filing a request for dismissal. The request must be in the form of a motion and is subject to court approval.
URAP 38. Substitution of counsel. Amend. The amendments clarify the process for substituting a party when a party becomes incompetent or for other causes.
URAP 49. Petition for writ of certiorari. Amend. A petition of writ of certiorari shall include references to the record on appeal or to the opinion of the Court Appeals, rather than referring to both sources.
URAP 50. Brief in opposition; reply brief; brief of an amicus curiae. Amend. The proposal establishes a more detailed process for submitting a proposed amicus brief, including the contents of the brief and deadlines.
Supreme Court Order

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Posted: June 22, 2009

Code of Judicial Administration

CJA 02-0104. Recording meetings. Amend. Modify provisions about Judicial Council audio record and minutes to conform to amendments to the Open and Public Meetings Act.
CJA 03-0102. Assumption of judicial office. Amend. Make applicable to judges of courts of record and not of record.
CJA 03-0306. Court interpreters. Repeal and Reenact. Clarifies the standards for appointing a certified, approved or conditionally approved interpreter. Improves the initial training requirements. Adds Guardianship and Conservatorship appointments to cases requiring a certified interpreter. Identifies the discipline process. Simplifies translation of forms. Permits hiring an interpreter as an employee.
CJA 04-0202.02 Record classification. Amend Classifies business address, phone and email of a non-party as a public record. Residential and personal information of a non-party would remain private.
CJA 04-0409. Council approval of Problem Solving Courts. Amend. Delete reference to repealed section of the Utah Code.
CJA 04-0701. Failure to appear. Amend. Conforming to HB 292, eliminates the requirement for a ciminal information before issuing a warrant for failure to appear in an infraction.
CJA 04-0906. Guardian ad litem program. Amend. Provides that the Guardian ad Litem Oversight Committee appoints the director.

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Posted: June 22, 2009

Audio Record of Hearings

CJA 03-0304. Official court reporters. Renumber and amend. Eliminate provisions regulating the office of official court reporter. Retain transcript format. Renumber as 5-203.
CJA 03-0304.01. Substitute certified shorthand reporters. Repeal. Eliminate provisions for a substitute shorthand reporter.
CJA 03-0305. Official court transcribers. Renumber and amend. Eliminate provisions for assignment of transcript preparation. Renumber as 5-202.
CJA 04-0201. Record of proceedings. Amend. Eliminate requirements and standards for recording a court hearing by an official court reporter. Rely exclusively on audio video records.
URAP 11. The record on appeal. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court executive.
URAP 12. Transmission of the record. Amend. Shifts responsibilities from the official court reporter to a court transcriber.
URAP 54. Transcript of proceedings. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court clerk.
URCP 052. Findings by the court; correction of the record. Amend. Establishes a procedure for correcting the record of a hearing.
Supreme Court Order, Appellate Rules.
Supreme Court Order, Civil Rules.

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Posted: June 3, 2009

Code of Judicial Administration

CJA 04-0202.02 Record classification. Amend Classifies business address, phone and email of a non-party as a public record. Residential and personal information of a non-party would remain private. Effective May 27, 2009 under Rule 2-205. Subject to change after the comment period.

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Posted: June 3, 2009

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Posted: April 8, 2009

Rules Governing the Utah State Bar

USB 14-0103. Organization and management of the Bar. Amend. Standardize the requirements for a Commissioner to vacate his or her unexpired term when succeeding to the office of President.
USB 14-0205. Board. Amend. Shorten voting period for elections from 30 to 15 days. Standardize the requirements for a Commissioner to vacate his or her unexpired term when succeeding to the office of President.
USB 14-0206. Officers. Amend. Shorten voting period for elections from 30 to 15 days. Provide for the event that the Commission is unable to nominate two candidates for the office of President-elect to run in a contested election.
Supreme Court Order.

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Posted: February 18, 2009

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Posted: February 6, 2009

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Posted: February 6, 2009

Rules of Criminal Procedure

URCrP 27. Stays pending appeal from courts of record. Amend. The amendments remove courts not of record from the rule. The process for courts not of record will be in new rule 27A. The amendments also make structural changes to help clarify the process for seeking a stay.
URCrP 27A. Stays pending appeal from courts not of record. New. This is a new rule specifically directed at appellate stays in justice court proceedings. The rule creates 3 different processes depending on the type of judgment appealed. Judgments with no jail time are automatically stayed. A notice of appeal on a judgment of incarceration less than 30 days serves as an automatic motion for a stay. In cases involving a judgment of 30 days or more, a motion must be filed. A judgment for incarceration of 30 days are more. There is a presumption in favor of a stay.
URCrP 38. Appeals from Justice Court to District Court. Amend. The amendments provide more detail on the process for appealing justice court judgments. The amendments describe the contents of the notice of appeal, the duties of the justice court when transferring the case, and the duties of the district in handling the appeal.
Supreme Court Order.

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Posted: January 5, 2009

Code of Judicial Administration

CJA 04-202.02. Records classification. Amend. Classifies as private the records in guardianship and conservatorship cases, except the order and letter of appointment. Classifies some select data elements as public or private.
CJA 04-202.03. Records access. Amend. Permit access to juvenile court records by the Department of Human Services.
CJA 04-202.09. Miscellaneous. Amend. Prohibits including non-public information in an otherwise public document. Specifies substitutes for personal identifying information.
CJA 04-509. Court-appointed parent coordinator. New. Establishes the role, qualifications and procedures of the parent coordinator.
CJA 04-906. Guardian ad litem program. Amend. Establishes the relationship between the Director, the Oversight Committee, attorneys, staff and volunteers. Clarifies the complaint, discipline and appeal process.

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