Utah Courts – Utah Court Rules

Posted: April 3, 2024

Rules of Appellate Procedure – Effective May 1, 2024

URAP003. Appeal as of right – how taken; URAP005. Discretionary appeals from interlocutory orders; URAP014. Review of administrative orders: how obtained; intervention; URAP019. Extraordinary relief; and URAP048. Time for petitioning. (Amend). The amendments to Rules 3, 5, 14, 19, and 48 modify the fee provision language in each rule to direct parties to the requirements of Rule 21, which addresses filing and service, and its provisions regarding payment of filing fees.

Additionally, the amendments to Rule 14 adds a provision for agencies to file the record within 21 days upon receiving a request from the appellate courts.

URAP021. Filing and service. (Amend). The amendments to Rule 21: (1) notify parties that the appellate courts are transitioning to an e-filing system; (2) specify the date when all licensed attorneys will be required to file using the e-filing system; (3) explain that filing fees will be required to be paid through the e-filing system when documents are e-filed; (4) clarify that failure to pay a filing fee may result in dismissal; and (5) update the provisions regarding service for documents that are e-filed.

URAP026. Filing and serving briefs. (Amend). The amendments to Rule 26: (1) update paragraph (b) to include a requirement for copies of briefs that are e-filed; and (2) clarify paragraph (d) to make clear that only physical records need be returned.

URAP027. Form of briefs, motions, and other documents. (Amend). The amendments to Rule 27: (1) provide more detailed guidance for preparing the caption for briefs and conform the rule to current practice; (2) remove the requirement that opposing counsel be listed on the cover, as this information will be included on a following page; (3) clarify the requirements for captions on petitions and motions or other documents that are not a brief or petition; and (4) require hard copies of briefs be submitted to the appellate courts using only a binder clip, rather than a velo or similar binding along the left edge.

Supreme Court Order

Posted: April 2, 2024

Rules of Juvenile Procedure – Effective May 1, 2024

URJP019C. Delinquency, traffic and adult criminal matters. Amend. The approved amendments to Rule 19C include: (1) modifying the heading and the addition of a new paragraph (a) that provides the scope of this rule; (2) the addition of a new paragraph (f) to provide direction regarding motions on the justification of the use of force as a defense; and (3) stylistic and grammatical changes.

Supreme Court Order

Posted: March 1, 2024

Rules of Evidence – Effective February 29, 2024

HJR013 (the joint resolution amending Rule 7B of the Utah Rules of Criminal Procedure and Rule 1102 of the Utah Rules of Evidence regarding admissibility of reliable hearsay in criminal preliminary examinations) became effective immediately yesterday after having passed both the House and the Senate by the required 2/3 majority vote (per Art. VIII, Sec. 4 of the Constitution).

As amended, Rule 7B(b) permits findings of probable cause to be based “in whole or in part, on reliable hearsay.” However, as amended, Rule 1102(d)(2)(e) conditions the admissibility of reliable hearsay on the presentation of testimony under Rule 7B(d)(2). In turn, Rule 7B(d)(2) permits a prosecutor to “present the testimony of any relevant witness,” including “of an investigating peace officer,” and permits either side to “introduce, through direct or cross examination, the testimony of an investigating peace officer,” including as to “the totality or details of an investigation of the crime for which the defendant is charged.” Additionally, Rule 1102(e) specifies that the prosecutor “is not required to introduce evidence” corroborating a declarant’s statement submitted under Rule 1102(b)(8), and “may, but is not required to, call the declarant” of such a statement at the preliminary examination. Further, Rule 1102(e) states that paragraph (e) “does not otherwise limit a defendant’s right to call witnesses under Rule 7B . . . .”

URE1102. Reliable Hearsay in Criminal Preliminary Examinations. Amend.

Posted: March 1, 2024

Rule of Criminal Procedure – Effective February 29, 2024

URCrP007B. Preliminary examinations. Amended. Having passed the Senate, HJR013 is now in effect, which amends Rule 7B of the Utah Rules of Criminal Procedure. The amendments to Rule 7B permit a court to find probable cause at a preliminary examination based on reasonable hearsay and control what witnesses a prosecutor may call, subject to direct and cross examination.

HJR013S01

Posted: February 27, 2024

Code of Judicial Administration – Effective February 27, 2024

CJA03-0306.02. Language Access Committee (AMEND). Removes the reference to rule Rule 3-306.05.

Judicial Council Order for CJA 3-306.02

CJA03-0306.03. Interpreter credentialing (AMEND). Clarifies that the rule does not apply to staff interpreters employed by the court and gives the Language Access Program Manager the discretion to grant a rare language exemption without approval from the Language Access Committee.

Judicial Council Order for CJA 3-306.03

CJA03-0306.04. Interpreter appointment, payment, and fees (AMEND). 1) Allows judicial officers to appoint “approved” interpreters in legal proceedings without exhausting the list of “certified” interpreters; 2) prevents court employees not hired as staff interpreters from interpreting legal proceedings; and 3) removes language regarding staff interpreter employee benefits.

Judicial Council Order for CJA 3-306.04

CJA03-0306.05. Interpreter removal, discipline, and formal complaints (REPEALED)

Judicial Council Order for CJA 3-306.05

Posted: February 21, 2024

Rules of Appellate Procedure – Effective May 1, 2024

URAP011. The Record on appeal. The amendments to Rule 11 clarify: (1) that exhibits will also be included in the record along with a list of all exhibits; and (2) how parties can access sealed records on appeal. The second change is in response to the Supreme Court’s opinion in State v. Chadwick, 2023 UT 12.

URAP022. Computation and enlargement of time. Rule 22 paragraph (b)(4)(D) was amended so the rule will match the long-standing procedure used in the appellate clerk’s office. The advisory committee note was also updated to remove the same language that was removed from paragraph (b)(4(D).

URAP052. Child welfare appeals. In accordance with the Supreme Court’s opinion in A.S. v. State, 2023 UT 11, Rule 52 was amended to: (1) modify the title of paragraph (c) to mirror the title used in paragraph (d) of Rule 4; and (2) add a procedure for a parent to file a motion to reinstate the period for filing a direct appeal if the parent demonstrates that they were deprived of the right to appeal.

Supreme Court Order

Posted: February 16, 2024

Rules of Juvenile Procedure – Effective May 1, 2024

URJP017. The petition. Amend. The approved amendments to Rule 17 include: updating references to statute as a result of changes enacted by House Bill 60 of the 2023 Legislative Session; changing the proper noun County Attorney or District Attorney to “the office of the county attorney” or “the office of the district attorney”; changing the proper noun Clerk of Court to “court clerk”; and replacing the language “shall” with “must” according to the Supreme Court Style Guide.

URJP018. Summons; service of process; notice. Amend. The approved amendments to Rule 18 include: (1) adding language that requires a bilingual notice in abuse, neglect, dependency, and termination of parental rights cases; (2) adding a subsection to 18(a)(2) to include termination of parental rights cases; and, (3) replacing the language “shall” with “must,” “will,” or “is” to conform with the Utah Supreme Court stylistic guidelines.

URJP052. Appeals. Amend. The approved amendments to Rule 52 include an overall restructure of the rule to provide clarity regarding juvenile court appeals timeframes. The amendments also include the addition of restoration of parental rights cases as cases that may be subject to appeal.

URJP056. Expungement. Amend. The approved amendments to Rule 56 include: (1) updates to the referenced statute; (2) a simpler and clearer paragraph (b) regarding adjudication expungements that aligns with the statute, while removing language that places requirements not found in the statute; (3) removal of the language in paragraph (d) as the statute now places the responsibility of serving an expungement order on the juvenile court; and (4) the addition of three new expungement categories created by House Bill 60 of the 2023 Legislative Session.

Supreme Court Order

Posted: February 16, 2024

Rules of Civil Procedure – Effective May 1, 2024

URCP006. Time. AMEND. The amendment adds the “Juneteenth National Freedom Day” to the list of legal holidays in subparagraph (a)(6)(E).

URCP012. Defenses and objections. AMEND. The amendments reflect the need to file and serve an answer, and clarify the use of terminology in domestic relations actions.

URCP064. Writs in general. AMEND. The amendments substitute the word “file” with the word “record” as it relates to recording with the county recorder. Other non-substantive changes to the rule were made to adhere to the Utah Supreme Court style guide for the rules.

URCP066. Receivers. AMEND. The amendments substitute the word “file” with the word “record” as it relates to recording with the county recorder. Other non-substantive changes to the rule were made to adhere to the Utah Supreme Court style guide for the rules.

URCP069A. Seizure of property. AMEND. The amendments substitute the word “file” with the word “record” as it relates to recording with the county recorder. Other non-substantive changes to the rule were made to adhere to the Utah Supreme Court style guide for the rules.

URCP069B. Sale of property; delivery of property. AMEND. The amendments substitute the word “file” with the word “record” as it relates to recording with the county recorder. Other non-substantive changes to the rule were made to adhere to the Utah Supreme Court style guide for the rules.

URCP069C. Redemption of real property after sale. AMEND. The amendments substitute the word “file” with the word “record” as it relates to recording with the county recorder. Other non-substantive changes to the rule were made to adhere to the Utah Supreme Court style guide for the rules.

URCP083. Vexatious litigants. AMEND. The amendments clarify the ability to file a notice of or petition for permission to appeal, as well as, the notice and opportunity to be heard when the court is entering orders.

Supreme Court Order

Posted: January 30, 2024

Rules Governing Licensed Paralegal Practitioners – Effective January 25, 2024

URGLPP15-0707. Application; deadlines; withdrawals; postponements and fees. Amend. The amendments to CJA Rule 15-707 in Paragraphs (b) and (d) are updated to reflect (i) removing “February” and “July” from exam dates since the LPP exams have consistently occurred in March and August, (ii) the initial application deadline for the August exam changing from March 1 to April 1, and (iii) adding a second late/final deadline for applications, which is November 1 for the March LLP exam and May 1 for the August LLP exam. Paragraph (b)(2) is amended to reflect an updated reference. Other changes include changing language from plural to singular and removing gender pronouns, as well as removing passive language to clarify where the applicant needs to take action and who they need to contact in Paragraphs (c) and (e)(2).

URGLPP15-0717. Relicensure after resignation or delicensure of Utah licensed paralegal practitioners. Amend. The amendments to CJA Rule 15-717 are to update references within the rule and creating a section heading for Paragraph (c).

Supreme Court Order

Posted: January 25, 2024

Code of Judicial Administration – Effective May 1, 2024

CJA03-0101. Judicial performance standards (AMEND). Simplifies case under advisement standards by clarifying reporting requirements and removing “average” calculations.

Supreme Court Order