Rules of Evidence – Effective May 1, 2018
URE1102 Amend. Amends the definition of reliable hearsay. Removes the requirement that a statement made by a child victim must be “promptly reported.”
Author: Utah Courts
Posted: December 7, 2017
Posted: August 3, 2017
Rules of Appellate Procedure – Effective November 1, 2017
URAP024 – Amend. The proposed amendment substantially changes the organization and content of briefs. An important objective of the amendment is to present the party’s case in logical order, in measured increments, and without unnecessary repetition. The principal brief of each party must meet the same requirements.
URAP024A – New. The proposed rule collects in one separate rule the briefing requirements in cross-appeals. The briefing requirements have also been clarified and simplified for ease of use.
Posted: June 16, 2017
Rules of Professional Conduct – Effective November 1, 2017
RPC01.00 Terminology. Amend. In conformity with amendments to Rule 3.3, adds the definition of “reckless or recklessly.”
RPC03.03. Candor toward the Tribunal. Amend. In response to In re Larsen, 2016 UT 26, adds a prohibition against a lawyer “recklessly” making false statements to a tribunal and repeals and reenacts Comment [3].
RPC01.04 Technical amendment only.
RPC01.06 Technical amendment only.
RPC01.07 Technical amendment only.
RPC01.08 Technical amendment only.
RPC01.09 Technical amendment only.
RPC01.10 Technical amendment only.
RPC01.11 Technical amendment only.
RPC01.12 Technical amendment only.
RPC01.17 Technical amendment only.
RPC01.18 Technical amendment only.
RPC02.03 Technical amendment only.
RPC02.04 Technical amendment only.
RPC03.05 Technical amendment only.
Posted: June 15, 2017
Code of Judicial Administration – Effective November 1, 2017
CJA11-0103. Amend. The amendments will require the Supreme Court’s rules advisory committees to submit rules to the Supreme Court before they are published for public comment.
CJA11-0201. Amend. The first set of amendments helps to distinguish between active senior judges and inactive senior judges. The second set of amendments creates a process for the Supreme Court to review senior judge applications and for the applicant to submit information directly to the Supreme Court.
CJA11-0203. Amend. The first set of amendments helps to distinguish between active senior judges and inactive senior judges. The second set of amendments creates a process for the Supreme Court to review senior judge applications and for the applicant to submit information directly to the Supreme Court.
Posted: June 13, 2017
Rules of Juvenile Procedure – Effective November 1, 2017
URJP018 Adds language regarding the ability to serve a pleading by email on an attorney who has an email account on file with the Utah State Bar. Clarifies that eFiling in the Juvenile Court’s Court and Agency Records Exchange (C.A.R.E.) does not constitute service upon a party and that an agreement to accept email service is not required to effectuate the provisions of Rule 18.
Posted: May 30, 2017
Code of Judicial Administration – Effective November 1, 2017
CJA04-103 Civil calendar management. Amend. Pursuant to Cannon v. Holmes, 2016 UT 42, and Civil Rule 41, requires that all orders of dismissal entered under the rule must contain the language “without prejudice.”
CJA4-202.09 Miscellaneous. Amend. Provides that records in property and use tax cases involving commercial information as that term is defined in Utah Code § 59-1-404 are protected. If a request is made to access a record or records, the records will be released within 14 days, except for specific records ordered by the court as sealed, private, protected, or safeguarded. 30 days after the court issues a non-appealable, final order, all records will be public, except as otherwise classified.
CJA09-301 Record of arraignment and conviction. Repeal. The Court of Appeals has determined that failure to follow this rule does not affect the validity of a plea or conviction with respect to enhancements. State v. Gonzales, 2005 UT App 538, 127 P.3d 1252. The rule is also redundant to other rules and statutes. See, e.g., URCrP Rule 11, CJA Rule 4-609, Utah Code § 53-10-208.1.
Posted: May 30, 2017
Code of Judicial Administration – Effective May 22, 2017
CJA01-0205 Standing and ad hoc committees. Amend. Expands committee composition to include one educator from a paralegal program or law school and one person skilled in linguistics or communication.
CJA03-0117 Committee on Court Forms. Amend. Expands the charge for the new Judicial Council Standing Committee on Forms to include procedures for eliminating obsolete and outdated forms and procedures for recommending which forms should be translated into other languages.
Posted: April 11, 2017
Code of Judicial Administration – Effective May 1, 2017
CJA11-0103. Amend. The amendments will require the Supreme Court’s rules advisory committees to submit rules to the Supreme Court before they are published for public comment.
Posted: March 28, 2017
Rules of Criminal Procedure – Effective May 1, 2017
URCrP004 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for filing informations.
URCrP004A New. The proposed new rule will address the process for prosecutions commenced by indictment.
URCrP004B New. The proposed new rule will address the process for prosecutions commenced by citation.
URCrP029 Amend. The proposed amendment will eliminate the presiding officer of the Judicial Council as a person to whom disqualification affidavits may be referred.