Utah Courts – Page 4 – Utah Court Rules

Posted: October 12, 2016

Rules of Appellate Procedure – Effective November 1, 2016

URAP002 Adds Rule 14(a) to the list of rules that the court cannot suspend.

URAP014 Amend. Requires a party seeking review in the Supreme Court or Court of Appeals of an administrative agency order to file a petition for review even if a statute describing the review describes it as an appeal. Removes provisions governed by statute or other rules.

URAP025A New. Describes the requirement and procedures for serving briefs on the attorney general or county or municipal attorney when challenging the constitutionality of a statute or ordinance. Establishes penalties for failure to do so. Allows the attorney general or county or municipal attorney to file an amicus brief when the constitutionality of a statute or ordinance is challenged. Allows the appellate court to request an amicus brief.

URAP052 Describes the effect of post-trial motions in child welfare proceedings using language similar to Rule 4.

Supreme Court Order

Posted: September 15, 2016

Rules of Civil Procedure – Effective November 1, 2016

URCP009 Pleading special matters. Amend. Removes the paragraph regarding a petition to renew a judgment. The process to renew a judgment is governed by proposed Rule 58C and the Judgment Renewal Act. Adopts much of the style and grammar of the federal rule.
URCP013 Counterclaim and cross-claim. Amend. Deletes paragraphs (e), (i) and (j). Amending a pleading to add a counterclaim, regardless of the reason it was omitted, is properly governed by Rule 15. Adopts many of the grammar and style amendments of the federal rule.
URCP026.01 Disclosure and discovery in domestic relations actions. Amend. Amends the disclosure deadlines to conform to Rule 26.
URCP 026.03 Disclosure in unlawful detainer actions. New. Regulates disclosures in an action for eviction or damages arising out an unlawful detainer by a residential tenant.
URCP 041 Dismissal of actions. Amend. Removes the provision for ruling against a plaintiff for failure to prove a right to relief, a similar but broader provision having been added to Rule 52, as in the federal rules. Adopts much of the style and grammar of the federal rule.
URCP058C Motion to renew judgment. New. In conjunction with the Judgment Renewal Act and the amendment to Rule 9, describes the process for renewing a judgment.

Supreme Court Order

Posted: August 29, 2016

Code of Judicial Administration – Effective May 10, 2016

CJA04-0401.03 Notice to Public of Recording. New. Establishes uniform standards and procedures for notifying the public when court proceedings are being recorded, consistent with Utah Code section 78A-2-208. Effective May 10, 2016 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.

Approved minutes

Posted: August 16, 2016

Rules of Criminal Procedure – Effective July 1, 2016

URCrP005 Repealed.

URCrP006 The proposed changes create a presumption in favor of summonses over warrants. The rule establishes the requirements for issuing a warrant. The rule also describes the required content of summonses and warrants.

Supreme Court Order

Posted: July 29, 2016

Rules of Small Claims Procedure – Effective July 18, 2016

URSCP001 General provisions. Amend. The Utah Rules of Small Claims Procedure will not apply to cases removed from small claims court to district court, except as outlined in Rule 12.

URSCP002 Plaintiff beginning the case. Amend. Title changed to include “Plaintiff.”

URSCP002A Defendant’s removal from district court. New. Prescribes the procedures outlined in Utah Code Section 78A-8-102, authorizing a defendant to remove a case from district court to small claims court with the plaintiff’s stipulation.

URSCP003 Service of the affidavit and summons. Amend. Requires language in the summons sufficient to notify a defendant of his/her removal rights.

URSCP004 Counter affidavit. Amend. Provides an exception to the time limit for filing a counter affidavit when a defendant is removing the case pursuant to Rule 2A.

URSCP004A Defendant’s removal to district court. New. Provides defendants with the ability to remove a case filed in small claims court to district court for proceedings in accordance with the Utah Rules of Civil Procedure, including the option for a jury trial in the first instance.

URSCP012 Appeals. Amend. Provides parties the option of electing a jury trial de novo in the district court for cases tried in small claims without a jury and allows district court judges the option of requiring parties to exchange information prior to a de novo trial (with or without a jury). Notifies parties of their appellate rights when a case is removed to district court pursuant to Rule 4A.

Supreme Court Order

Posted: July 14, 2016

Remote Hearings Rules – Effective November 1, 2016

URCrP017.5 New. Hearings with contemporaneous transmission from a different location.

URCP043 Amend. Evidence.

URJP029B New. Hearings with contemporaneous transmission from a different location.

URJP037B New. Hearings with contemporaneous transmission from a different location.

Supreme Court Order (Rule 17.5)

Supreme Court Order (Rule 43)

Supreme Court Order (Rules 29B and 37B)

Posted: July 13, 2016

Rules of Criminal Procedure – Effective November 1, 2016

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.

Supreme Court Order

Posted: July 1, 2016

Rules of Evidence – Effective July 1, 2016

URE0511 :Insurance Regulators. New. Creates a privilege for insurance regulators.

Supreme Court Order

Posted: June 29, 2016

Code of Judicial Administration – Effective November 1, 2016

CJA03-0403 Judicial branch education. Amend. Gives the Management Committee authority to excuse an active senior judge applying for reappointment from completing the annual 30 hour education requirement based on good cause. To be eligible, the senior judge must have completed at least 60 total education hours in the two years preceding the effective date of reappointment.

CJA04-0202.02 Records classification. Amend. Classifies jail booking sheets and nonresident violator notices of compliance as private. Deletes language addressing appellate brief addenda as they are governed by other rules.

CJA04-0404 Jury selection and service. Amend. Incorporates recent amendments to the statute regarding a juror’s term of service.

CJA04-0903 Uniform custody evaluations. Amend. Clarifies the list of professionals who may perform custody evaluations. Eliminates the provision allowing two custody evaluators to be appointed if one party resides out of state. Adds additional factors for a custody evaluator to consider when conducting an evaluation.

Approved minutes

Posted: May 12, 2016

Rules of Civil Procedure – Effective November 1, 2016

URCP054 Judgment; costs. Amend. Establishes a process to add attorney fees and costs to a judgment.

URCP054 Advisory Committee Notes

URCP058A Entry of judgment; abstract of judgment. Amend. In conjunction with amendments to rule 4 of the Utah Rules of Appellate Procedure, establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under rules 50, 52, and 59 of the Rules of Civil Procedure, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.

URCP058A Advisory Committee Note

URCP073 Attorney fees. Amend. Modifies the process for claiming attorney fees. Adopts many features of FRCP 54(d).

Supreme Court Order