Utah Courts – Page 24 – Utah Court Rules

Posted: August 27, 2004

Utah Rules of Criminal Procedure

URCrP 12. Motions. Amend. Describes the process for motions to suppress, including the contents of the motion and whether a written response is required.
URCrP 21A. Presentence investigation reports; Restitution. Renumber from URCrP 21.5 and amend. Changes designation of PSI report from “controlled” to “protected” to conform with statute.
URCrP 27. Stays pending appeal . Amend. Requires a party to serve the Attorney General when seeking a certificate of probable cause from appellate court in a felony case.

Posted: August 27, 2004

Utah Rules of Civil Procedure

URCP 45. Subpoena. Amend. Correct reference to Rule 4 regarding methods of serving subpoena.
URCP 47. Jurors. Amend. Conforms rule regulating conversing with jurors to caselaw.
URCP 56. Summary judgment. Amend. Corrects reference to URCP 7. Technical amendments.
URCP 64. Writs in general. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64A. Prejudgment writs in general. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64B. Writ of replevin. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64C. Writ of attachment. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64D. Writ of garnishment. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64E. Writ of execution. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64F. Waiver of bond or undertaking. Repeal. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 66. Receivers. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 69. Execution and proceedings supplemental thereto. Repeal. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69A. Seizure of property. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69B. Sale of property; delivery of property. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69C. Redemption of real property after sale. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.

Posted: August 27, 2004

Utah Rules of Appellate Procedure

URAP 11. The record on appeal. Amend. Requires the trial court to include any presentence investigation report as a part of the record on appeal, and clarifies the manner in which the record should be paginated.
URAP 12. Transmission of the record. Amend. Requires a certified court reporter to prepare and file a transcript index.
URAP 24. Briefs. Amend. Requires parties who are seeking attorney fees to explicitly state the basis for the request.

Posted: August 27, 2004

Code of Judicial Administration

CJA 01-205. Standing and ad hoc committees. Amend. Establishes the Judicial Outreach Committee. Technical amendments.
CJA 03-111.03. Standards of judicial performance. Amend. Establishes 30 hours per year as the minimum standard for certification.
CJA 03-114. Judicial outreach. Amend. Identifies the responsibilities of the Judicial Outreach Committee.
CJA 03-201.02. Court Commissioner Conduct Committee. Amend. Changes composition of Court Commissioner Conduct Committee.
CJA 03-403. Judicial branch education. Amend. Eliminates mandatory attendance at annual judicial conference.
CJA 03-412. Procurement of goods and services. Amend. Increases the amount of contracts within the discretion of the TCE from $1000 to $5000.
CJA 04-202.02. Records classification. Amend. Changes designation of PSI report from “controlled” to “protected” to conform with statute.
CJA 04-402. Clerical resources. Repeal and reenact. Establishes process for clerical weighted caseload.
CJA 04-701. Failure to appear. Amend. Increases bail for failure to appear.
CJA 09-101. Board of Justice Court Judges. Amend. Changes justice court representative on the Education Committee.
CJA 09-103. Certification of education requirements. Amend. Amend to conform to statutes.

Posted: June 22, 2004

Code of Judicial Administration

CJA 09-107. Justice Court Technology, Security, and Training Account. New. Establishes the process for allocation of funds from the Justice Court Technology, Security, and Training restricted account. Effective 24-May-04 under Rule 2-205 but subject to further amendment after comment period.

Posted: May 21, 2004

Rules of Civil Procedure

The following Rules of Civil Procedure have been adopted by the Supreme Court effective May 12, 2004 under the Court’s emergency rulemaking authority. CJA 11-101(4)(E). The rules are being published for comment, are subject to further change after the comment period, and are in effect during the comment period.
URCP 62. Stay of proceedings to enforce a judgment. Amend. Strikes from the rule the amendments made by HJR 16. Effective May 12, 2004 under Rule 11-101(6)(F). Subject to further change after comment period.
Order approving amendment.

Posted: May 4, 2004

Code of Judicial Administration

CJA 11-303. Special admission exception for military lawyers. New. Permits qualified military lawyers on active duty who reside, but are not licensed in Utah, to provide uncompensated limited legal services to military personnel and their dependents who suffer substantial financial hardship.
Order approving amendment.

Posted: March 25, 2004

Rules of Small Claims Procedure

The following Rules of Small Claims Procedure have been adopted by the Supreme Court effective May 3, 2004 under the Court’s emergency rulemaking authority. CJA 11-101(4)(E). The rules are being published for comment, are subject to further change after the comment period, and are in effect during the comment period.
URSCP 10. Set aside of default judgments and dismissals. Reduce time to move to set aside from 30 to 15 days.
URSCP 12. Appeals. Conform time to appeal to statute (30 days).

Posted: March 25, 2004

Rules of Appellate Procedure

The following Rules of Appellate Procedure have been adopted by the Supreme Court effective May 3, 2004 under the Court’s emergency rulemaking authority. CJA 11-101(4)(E). The rules are being published for comment, are subject to further change after the comment period, and are in effect during the comment period.
URAP 1. Scope of rules. Recognizes the new rules governing appeals in child welfare cases.
URAP 2. Suspension of rules. Adds a reference to two of the new child welfare rules.
URAP 52. Child Welfare Appeals. A notice of appeal must be filed within 15 days from the order to be appealed. Cross-appeals must be filed within 15 days.
URAP 53. Notice of Appeal. Describes the contents and service requirements of the notice of appeal.
URAP 54. Transcript of Proceedings. Any necessary transcripts must be requested within 4 days after an appeal is filed.
URAP 55. Petition on Appeal. The appellant must file a petition on appeal within 15 days from the notice of appeal. The rule describes the format and contents of the petition.
URAP 56. Response to Petition on Appeal. A response to the petition on appeal must be filed with 15 days.
URAP 57. Record on Appeal; transmission of record. Establishes what is considered to be the record on appeal and when it must be transmitted.
URAP 58. Ruling. The court will issue a ruling based on the record on appeal, the petition, and the response, or the court can order that the case be fully briefed.
URAP 59. Extensions of time. The rule describes the procedure and circumstances for extensions of time to file the appeal, the petition, or the response.

Posted: February 22, 2004

Rules of Appellate Procedure

URAP 5. Discretionary appeals from interlocutory orders. Require petition for review of interlocutory order be filed before court will consider request for stay.
URAP 8. Stay or injunction pending appeal. Modify procedural requirements for requesting a stay pending appeal.
URAP 10. Motion for summary disposition. Technical amendments.
URAP 22. Computation and enlargement of time. Technical amendments.
URAP 25. Brief of an amicus curiae or guardian ad litem. Provide to the court more direct control over whether to permit an amicus brief.
URAP 27. Form of briefs. Require notice of incarceration and Anders brief.
URAP 35. Petition for rehearing. Prohibit petition for rehearing by amicus.
URAP 38B. Qualifications for Appointed Appellate Counsel. Establish minimum qualifications for appointed counsel in appellate cases.