Utah Courts – Page 11 – Utah Court Rules

Posted: December 8, 2021

Rules of Criminal Procedure – Effective May 1, 2022

URCrP011. Pleas. Amend. The adopted changes to URCrP 11 ensure that both parties of a negotiated plea agreement, approved by the court pursuant to (i)(2), are provided a genuine opportunity to either affirm or withdraw from the agreement if any court generated changes at the time of plea do not conform with the terms the Court had previously approved. Also included are grammatical changes, related to the use of the word “shall,” to comply with the court’s language modernization policy.

Supreme Court Order

Posted: November 30, 2021

Supreme Court Rules of Professional Practice – Effective November 1, 2021

CJA11-0401. Standing Committee on Appellate Representation and the Appellate Roster. The amendments to Rule 11-401 simplify committee composition, clarify roster application requirements, increase roster term limits, and address the creation of the Indigent Appellate Defense Division.

Supreme Court Order

Posted: November 30, 2021

Rules of Appellate Procedure – Effective November 1, 2021

URAP023. Motions. The amendments to Rule 23 are intended to: (1) remove all language regarding form requirements in 23(f) and incorporate that language into Rule 27; and (2) clean up other language for clarity and consistency.

URAP027. Form of briefs, notions, and other documents. The amendments to Rule 27 are intended to: (1) combine form requirements for briefs, motions, and other documents into one rule; (2) incorporate language regarding form requirements from Rule 23(f); and (3) clean up other language for clarity and consistency.

URAP030. Decision of the court; notice of decision. The amendments to Rule 30 are intended to: (1) clarify what constitutes the entry of a decision in 30 (d) and (e); and (2) clean up other language for clarity and consistency.

URAP031. Expedited decisions. The amendments to Rule 31 are intended to: (1) include language in 31(b)(1)allowing the court to consider expedited decision upon stipulation of parties; (2) remove the language in (d) regarding appeals ineligible for expedited decision; and (3) clean up other language for clarity and consistency.

URAP054. Transcripts. The amendments to Rule 54 are intended to: (1) update instructions for ordering transcripts in 54(a); and (2) clean up other language for clarity and consistency.

URAP055. Petition on appeal. The amendments to Rule 55 are intended to: (1) change the deadline in Rule 55(a) for filing the petition on appeal to 15 days from transmission of the record, rather than from filing the notice of appeal; (2) modify 55(b) to allow appointed appellate counsel to file the petition on appeal; (3) include a requirement that appellate counsel be appointed within 21 days of the notice of appeal in 55(b); and (4) clean up other language for clarity and consistency.

URAP056. Response to petition on appeal. The amendments to Rule 56 are intended to: (1) replace the page requirement with a word requirement in 56(b); (2) comport the rule with Standing Order 11; and (3) clean up other language for clarity and consistency.

URAP057. Record on appeal; transmission of record. The amendments to Rule 57 are intended to update language regarding record transmission in 57(b).

URAP058. Ruling. The amendments to Rule 58 are intended to remove the language in 58(b) regarding the remand to juvenile court to appoint appellate counsel.

Supreme Court Order

Posted: November 29, 2021

Code of Judicial Administration – Effective November 22, 2021

CJA03-0411. Grant Management. AMEND. The approved amendments outlines significant changes to the courts’ grant management program.

Judicial Council Order

Posted: November 24, 2021

Rules of Juvenile Procedure – Effective November 18, 2021

URJP044. Findings and Conclusions. Amended. Clarified which case proceedings the court shall enter findings of fact and conclusions of law as well as updated the outdated term “permanent deprivation” to “termination of parental rights.” Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021).

Supreme Court Order

Posted: October 25, 2021

Rules of Civil Procedure – Effective November 1, 2021

URCP024. Intervention. AMEND. Under the Indian Child Welfare Act (ICWA), an Indian Tribe is permitted to intervene in a child custody proceeding involving an Indian child. These cases arise in both district and juvenile court. Amendments to Rule 24, which track those already adopted in Juvenile Rule 50, allow the adoption of a uniform approach to ICWA in both juvenile and district court.

URCP062. Stay of proceedings to enforce a judgment or order. AMEND. Among other amendments intended to streamline and improve Rule 62’s efficacy, the amendments extend the time for an automatic stay from 14 days to 28 days and provide that a party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security.

Supreme Court Order

Posted: October 25, 2021

Rules of Juvenile Procedure – Effective October 19, 2021

URJP017. The petition. Amended. Revised paragraph (c)(2) to add language previously contained in it and inadvertently deleted when Rule 17 was updated on September 1, 2021, due to H.B. 285 Juvenile Code Recodification (2021).

Supreme Court Order

Posted: October 21, 2021

Rules of Civil Procedure – Effective May 1, 2022

The Utah Supreme Court voted to delay the implementation of Utah Rule of Civil Procedure 100A until May 1, 2022.

Supreme Court Order

Posted: September 29, 2021

Rules of Juvenile Procedure – Effective September 27, 2021

URJP005. Definitions. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and updated the definition of “ungovernability” to align with H.B. 285.

URJP007. Warrants. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modified the language in subsection (b)(6) regarding runaway minors to align with H.B. 285, added a statutory reference to the authority a probation officer has to take into custody a minor who violates a condition of probation, and clarified that “custody” is “temporary custody.”

URJP050. Presence at hearings. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modified the language in subsection (f) to conform with proposed changes the Advisory Committee on the Rules of Civil Procedure made to Civil Rule 24 involving tribal intervention and participation in Indian Child Welfare Act cases.

URJP060. Judicial bypass procedure to authorize minor to consent to an abortion. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021).

Supreme Court Order

Posted: September 28, 2021

Code of Judicial Administration – Effective November 1, 2021

CJA01-0205. Standing and ad hoc committees (AMEND)

The approved amendments changed the membership of the Standing Committee on Pretrial Release and Supervision.

CJA03-0415. Auditing (AMEND)

The approved amendments more clearly define the types of audits conducted by the Audit Department, clarify audit procedures, and identify the individuals involved at critical points.

CJA03-0419. Office of Fairness and Accountability (NEW)

Identifies the objectives of the Office of Fairness and Accountability and the duties of the Director of the Office of Fairness and Accountability.

CJA04-0206. Exhibits (AMEND)

The approved amendments address custody, disposal, and storage of physical and electronic evidence.

CJA04-0401.02. Possession and use of portable electronic devices (AMEND)

The approved amendments allow JPEC to continue to use recordings to evaluate the performance of justice court judges subject to a basic evaluation.

CJA07-0302. Court reports prepared for delinquency cases (AMEND)

The Sentencing Commission released a new Juvenile Disposition Guide that does not provide specific recommendations for disposition, only factors that should be considered. The approved amendments align the rule with the statute regarding probation’s role in victim restitution (78A-6-117(j)(ix-x)) and the new Juvenile Disposition Guidelines.

Judicial Council Order