Utah Courts – Utah Court Rules

Posted: April 11, 2018

Rules of Civil Procedure – Effective May 8, 2018

URCP0101 Motion practice before court commissioners. Amend. Makes conforming amendments pursuant to SB 25 (2018), which reduced the 90-day waiting period for a divorce to 30 days. Effective May 8, 2018 pursuant to CJA rule 11-105(5).

URCP0105 Shortening 30 day waiting period in divorce actions. Amend. Makes conforming amendments pursuant to SB 25 (2018), which reduced the 90-day waiting period for a divorce to 30 days. Effective May 8, 2018 pursuant to CJA rule 11-105(5).

Supreme Court Order

Posted: March 29, 2018

Rules Governing the State Bar – Effective May 1, 2018

USB14-0701 Amend. Changes to Rule 14-701 clear up confusion regarding the definition of “bar examination” and make the definition of practice of law consistent with the definition used in 14-802.

USB14-0704 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0705 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0713 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0719 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0806 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0807 Amend. Changes to Rule 14-807 clarify language that has been a source of confusion for students seeking to practice under the rule.

USB14-0809 New. This new rule will allow lawyers admitted in other jurisdictions, who have submitted an application for admission to the Utah State Bar, to practice law in Utah under supervision while awaiting admission

USB14-0904 Amend. Changes to the rule clarify that any lawyer on whose behalf the Fund for Client Protection makes a payment can be administratively suspended for failure to reimburse the Fund.

Supreme Court Order

Posted: March 28, 2018

Rules of Criminal Procedure – Effective May 1, 2018

URCrP011 Amend. One amendment will require a court to notify a defendant at sentencing of the right to counsel for an appeal. Another amendment adds state law to the warning to be given in domestic violence cases.

URCrP022 Amend. One amendment will require a court to notify a defendant at sentencing of the right to counsel for an appeal. Another amendment adds state law to the warning to be given in domestic violence cases.

URCrP036 Amend. This amendment will allow defense counsel to be able to make an oral motion to withdraw from the case after judgment is entered.

Supreme Court Order

Posted: March 27, 2018

Code of Judicial Administration – Effective May 1, 2018

UCJA11-101. Creation and composition of advisory committees. Amend. The first proposed amendment will allow for emeritus members of the Supreme Court’s rules advisory committees. The second amendment will allow a member to serve up to four terms if any of those terms are as chair.

Supreme Court Order

Posted: March 27, 2018

Rules of Civil Procedure, Rules of Criminal Procedure, Code of Judicial Administration – Effective April 1, 2018

Utah Rules of Civil Procedure

URCP063. Disability or disqualification of a judge. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the reviewing or assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.

Utah Rules of Criminal Procedure

URCrP029. Disability and disqualification of a judge or change of venue. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.

Utah Code of Judicial Administration

UCJA09-0109. Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges, associate presiding judges, and education directors for justice courts. Effective April 1, 2018 pursuant to UCJA Rule 2-205.

Supreme Court Order – rule 63

Supreme Court Order – rule 29

Supreme Court Order – rule 9-109

Posted: March 26, 2018

Rules of Criminal Procedure – Effective May 1, 2018

URCrP007 Amend. The provisions in existing rule 7 are being divided into separate rules, each dealing with a different subject. Rule 7 will now address initial proceedings for class A misdemeanors and felonies.

URCrP007A New. The rule addresses procedures for class B & C misdemeanors and infractions. The rule also adds specific provisions on pretrial release conditions.

URCrP007B New. The rule addresses preliminary hearings. The rule generally reflects existing language.

URCrP007C New. The rule addresses the procedures for material witnesses. The rule generally follows existing language.

URCrP009 New. The new rule 9 will establish procedures for warrantless arrests. Of particular interest to practitioners may be the time-frames related to pretrial release decisions and deadlines for filing informations.

URCrP009A New. The rule creates procedures for arrests pursuant to a warrant and includes specific procedures on pretrial release decisions.

Supreme Court Order

Posted: March 16, 2018

Rules of Juvenile Procedure – Effective May 1, 2018

URJP007 Amend. Warrants. Contains revisions necessitated by new statute section 78A-6-106.5 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP015 Amend. Preliminary inquiry; informal adjustment without petition. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP016 Amend. Transfer of delinquency case for preliminary inquiry. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments. Clarifies applicability of certain rule provisions to a child (under the age of 18) and a minor (under the age of 21).

URJP023A Amend. Hearing on conditions of Section 78A-6-702. Changes burden of proof to preponderance to bring rule into conformity with 2015 statute change.

URJP033 Amend. Preliminary orders and summary proceedings. Deletes provisions related to the ability to place non-resident runaways into the custody of the Division of child and Family Services.

URJP037 Amend. Adds reference to the statutory provisions in Section 78A-6-1111 pertaining to limitations on the appointment of counsel for indigent parties.

Supreme Court Order

Posted: March 7, 2018

Code of Judicial Administration – Effective May 1, 2018

CJA011-0401 New Rule 11-401: To establish a standing committee to assist the Board of Appellate Court Judges to determine a roster of attorneys eligible for appointment to represent indigent parties on appeal to the Utah Supreme Court and the Utah Court of Appeals.

Supreme Court Order

Posted: March 1, 2018

Code of Judicial Administration – Effective May 1, 2018

CJA01-0205 Standing and ad hoc committees. Amend. Adds a justice court judge to the Standing Committee on Resources for Self-represented Parties.

CJA03-0104 Presiding judges. Amend. Moves and amends paragraph (c)(5) from Rule 7 of the Utah Rules of Criminal Procedure, which addresses the use of justice court judges as magistrates.

CJA03-0201 Court commissioners. Amend. Clarifies 1) how the districts and court levels that a commissioner will serve will be represented on the court commissioner nominating committee; 2) how a commissioner is selected if they will serve more than one judicial district or court level; 3) that the commissioner certification process addresses retention, not removal; 4) that when a commissioner serves two districts or court levels, the presiding judges will each prepare performance evaluations and performance plans; and 5) how the commissioner public comment period results are reviewed and used.

CJA06-0501 Reporting requirements for guardians and conservators. Amend. In conformity with H.B. 214 (2017), removes the requirement that a non-parent co-guardian report to the court when another co-guardian is the parent of the protected person.

Supreme Court Order for rules 1-205, 3-104, 6-501

Supreme Court Order for rule 3-201

Posted: February 8, 2018

Rules of Juvenile Procedure – Effective May 1, 2018

URJP014 Amend. Reception of referral, preliminary determination. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP017 Amend. The petition. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP034 Amend. Pretrial hearings in non-delinquency cases. Clarifies when the court may enter a default judgment.

URJP048 Amend. Post judgment motions. Renames rule from “New hearings” to “Post judgment motions” to more accurately reflect the full scope of the rule’s content. Reduces the time to file post judgment motions to 14 days from the 28 days provided by the Rules of Civil Procedure to avoid conflicts with the shorter time frames for filing expedited child welfare appeals.

Supreme Court Order