Code of Judicial Administration – Effective May 1, 2017
CJA04-0202.02 Records Classification. Amend. Classifies court records associated with actions for disease testing as sealed.
Author: Utah Courts
Posted: March 27, 2017
Posted: March 24, 2017
Rules of Civil Procedure – Effective May 1, 2017
URCP007. Pleadings allowed; motions, memoranda, hearings, orders. Amend. Returns pre-2015 paragraph (b)(2) language addressing limits on orders to show cause to new paragraph (q).
URCP035. Physical and mental examination of persons. Amend. The 2017 amendments to Rule 35 clarify when there is overlap between a Rule 26(a)(4) expert report and when there is not. They also provide the shorter of a 60-day time frame or 7 days prior to the close of fact discovery in which the party requesting the Rule 35 examination must disclose the report to the person being examined.
URCP045. Subpoena. Amend. In conformity with Rule 84’s repeal, makes a technical amendment to paragraph (a)(1)(E). Also makes a technical amendment to paragraph (i) in anticipation of the prisoner mailbox rule’s adoption.
URCP065C. Post-conviction relief. Amend. Expressly makes all records in the criminal case under review, including the records in an appeal of that conviction, part of the trial court record in the petition for post-conviction relief.
URCP084. Forms. Repeal. Since the task of creating and updating court forms resides with the newly formed Judicial Council Standing Committee on Forms under UCJA Rules 1-205 and 3-117, the Supreme Court’s Advisory Committee on the Rules of Civil Procedure will no longer create forms.
Posted: January 9, 2017
Code of Judicial Administration – Effective December 19, 2016
CJA01-0205. Standing and ad hoc committees. Amend. Creates a new Judicial Council Standing Committee on Forms; provides committee composition.
CJA03-0117. Committee on Court Forms. New. Establishes the charge for the new Judicial Council Standing Committee on Forms.
Posted: January 5, 2017
Rules of Evidence – Effective May 1, 2017
URE0412 Amend. Changes the classification of records described in subparagraph (c)(3) from sealed to protected.
Posted: November 29, 2016
Rules of Civil Procedure – Effective May 1, 2017
URCP034 Production of documents and things and entry upon land for inspection and other purposes. Amend. The 2017 amendments to Rule 34(b)(2) adopt 1) the specificity requirement in the 2015 amendments to Federal Rule of Civil Procedure 34(b)(2)(B), 2) a portion of Federal Rule 34(b)(2)(C) dealing with the basis for an objection to production, and 3) some clarifying language from the federal note.
Posted: November 29, 2016
Rules of Criminal Procedure – Effective May 1, 2017
URCrP011 Amend. Clarifies the warning judges must give to defendants in domestic violence cases.
URCrP018 Amend. The proposed amendment replaces the current language on alternate jurors. The language is borrowed from the federal rules. The primary motivation behind the change is to eliminate the requirement that alternate jurors be discharged when the jury retires to deliberate.
URCrP022 Amend. The proposed changes to the rule will set out in more detail the circumstances under which a court may correct a sentence.
URCrP038 Amend. The proposed amendment clarifies that a defendant may withdraw an appeal prior to entry of a plea of guilt or prior to commencement of trial.
Posted: November 15, 2016
Rules of Appellate Procedure – Effective November 14, 2016
URAP022 Amended Appellate Rule 22 is a technical and conforming amendment to the changes to Appellate Rule 2, which took effect on November 1, 2016. The amendment to Rule 22 simply provides that it does not authorize the court to extend the jurisdictional deadlines specified by any of the rules listed in Rule 2.
Posted: October 31, 2016
Rules of Civil Procedure – Effective November 1, 2016
URCP004. Process. Amend. The proposed amendment eliminates the authority to serve a defendant any time before trial, see St. Jeor v. Kerr Corporation, 2015 UT 49, ¶2. It also allows for and describes acceptance of the summons and complaint, which replaces the section on waiver of service, and it requires proof of service to include a copy of the summons.
URCP015. Amended and supplemental pleadings. Amend. Adopts the federal rule governing relation-back of an amended pleading when the amended pleading adds a new party. See Wright v. P.K. Transport, 2014 UT App 93. ¶¶ 18-22, Voros concurring. Requires that the proposed amended pleading be attached to the motion for permission to file an amended pleading. Adopts many of the grammar and style amendments of the federal rule.
Posted: October 24, 2016
Code of Judicial Administration – Effective November 1, 2016
CJA11-0201 Senior judges. Amend. Provides that to be an active senior judge, a judge shall be both a current resident of Utah and be available to take cases. Also removes the reference to attorney survey results under the requirement that senior judges obtain results on their most recent judicial performance evaluation sufficient to have certified them for retention.
CJA11-0203 Senior justice court judges. Amend. Includes an allowance for judges who were laid off pursuant to Utah Code § 78A-7-203 to qualify as a senior justice court judge and adds an initial qualifying requirement that senior justice court judges obtain results on their most recent judicial performance evaluation sufficient to have certified them for retention.
Posted: October 12, 2016
Code of Judicial Administration – Effective November 1, 2016
CJA03-0104 Presiding judges. Amend. Affirms the authority of presiding judges to appoint senior judges to fill judicial vacancies for up to 14 judicial days without prior approval. Provides that if more than 14 judicial days of coverage is needed, the presiding judge will present to the State Court Administrator a plan for meeting the needs of the court and the budget needed to implement the plan. If any part of the plan is contested by the State Court Administrator, the plan will be reviewed by the Management Committee of the Judicial Council for final determination.