Utah Courts – Page 3 – Utah Court Rules

Posted: October 31, 2023

Rules of Juvenile Procedure – Effective November 1, 2023 – CORRECTED

URJP022. Initial appearance and preliminary examination in cases under Section 80-6-503. Amend. The approved amendments to Rule 22 include: (1) adding reference to Utah Code section 80-6-504 to the title; (2) changing the term “preliminary examination” to “preliminary hearing”; (3) in paragraph (f), adding reference to subsection (3) of 80-6-504; (4) in paragraph (g), clarifying timelines for scheduling preliminary hearings based on whether a youth is in custody, removing reference to Utah Code section 80-6-503, and moving the language allowing extension to time periods to the end of the paragraph; (5) replacing the language in paragraph (h) and making reference to 80-6-504(11); (6) removing specific probable cause language in paragraph (j) and making reference to 80-6-504(2)(a) and 80-6-503(3) instead; and, (7) adding “may” to the second clause of paragraph (k) to mirror the language of Rule 7B of the Utah Rules of Criminal Procedure. The changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide. Lastly, a previous version of Rule 22 was circulated that unintentionally included the language “in whole or in part” in paragraph (k) that had been previously removed by the legislature on May 3, 2023. Effective November 1, 2023.

Supreme Court Order

Posted: October 30, 2023

Rules Governing the Utah State Bar and Rules of Professional Practice – Effective November 1, 2023

USB14-0207. Finances. Approved. This rule amendment requires the Utah State Bar to annually submit to the Supreme Court recommendations on increasing, decreasing, or maintaining current licensing fees.

Supreme Court Order for USB 14-207

RPP11-0107. Open and Public Meetings. Approved. This rule amendment adds the newly established Advisory Committee on the Rule of Business and Chancery Procedure to this rule as a committee that must only hold open meetings.

Supreme Court Order for RPP 11-107

Posted: October 4, 2023

Rules of Civil Procedure – Effective November 1, 2023

URCP108. Objection to court commissioner’s recommendation. AMENDED. The rule has been amended in subparagraph (d)(2) for the referenced code sections to conform with the recodification of the applicable statutes after this past legislative session.

Supreme Court Order

Posted: September 26, 2023

Rules of Appellate Procedure – Effective November 1, 2023

URAP005. Discretionary appeals from interlocutory orders. The approved amendments to Rule 5 include: (1) Make the process for preparing the record consistent with those in other types of appeals; and (2) remove the language requiring that ordering of transcripts be expedited (if parties require an expedited appeal, they may file a 23C motion for emergency relief).

URAP014. Review of administrative orders: how obtained, intervention. The approved amendments to Rule 14 include: (1) add a filing fee provision. This provision was inadvertently removed from the rule in 2016 as part of an effort to revise the rules to address efiling. The Committee is adding the provision back into the rule to make the filing fee requirement explicit, consistent with the fee requirements in Rules 3 and 5.

URAP050. Response; reply. The approved amendments to Rule 50 include: (1) add language which will allow a party to respond to a petition for writ of certiorari only when the Court requests one, as is the current practice for responses to petitions for interlocutory appeal (Rule 5(f)) and for rehearing (Rule 35(a)(4)); (2) remove language about the timing for a response when the filing fee is paid after the petition is served, because responses will no longer be permitted unless requested by the Court (additionally, Rule 48(a) addresses the filing fee requirement); and (3) clean up language for clarity and consistency.

Supreme Court Order

Posted: September 25, 2023

Rules of Juvenile Procedure – Effective November 1, 2023

URJP022. Initial appearance and preliminary examination in cases under Section 80-6-503. Amend. The approved amendments to Rule 22 include: (1) adding reference to Utah Code section 80-6-504 to the title; (2) changing the term “preliminary examination” to “preliminary hearing”; (3) in paragraph (f), adding reference to subsection (3) of 80-6-504; (4) in paragraph (g), clarifying timelines for scheduling preliminary hearings based on whether a youth is in custody, removing reference to Utah Code section 80-6-503, and moving the language allowing extension to time periods to the end of the paragraph; (5) replacing the language in paragraph (h) and making reference to 80-6-504(11); (6) removing specific probable cause language in paragraph (j) and making reference to 80-6-504(2)(a) and 80-6-503(3) instead; and, (7) adding “may” to the second clause of paragraph (k) to mirror the language of Rule 7B of the Utah Rules of Criminal Procedure. Lastly, the changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.

Supreme Court Order

Posted: September 21, 2023

Code of Judicial Administration – Effective November 1, 2023

CJA04-0202.11. Vexatious record requester (NEW). Establishes a process whereby an administrative unit in the judicial branch can petition for relief from a person the administrative unit believes to be a vexatious records requester. The rule is in response to S.B. 231 and 63G-2-702(5) passed during the 2023 legislative session.

Supreme Court Order

Posted: August 29, 2023

Rules of Juvenile Procedure – Effective November 1, 2023

URJP037A. Visual recording of statement or testimony of child in abuse, neglect and dependency proceedings – Conditions of admissibility. Amend. The proposed amendments to Rule 37A include adding substantiation proceedings to the title and to paragraphs (b) and (c). The changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.

Supreme Court Order

Posted: August 23, 2023

Rules of Civil Procedure – Effective November 1, 2023

URCP004. Process. FINAL. Amendments were made to subparagraph (d)(1)(D) after the suggestion proposed by Judge Orme in Jordan Credit Union v. Sullivan, 2022 UT App 120 (Orme, J. concurring) in order to allow for personal service of process on an incarcerated person.

URCP010. Form of pleadings and other papers. FINAL. Amendments were made to subparagraph (d) to modify the top margin from 1.5 inches to 1 inch, which is similar to the right, left and bottom margins.

URCP100A. Case management of domestic relations actions. FINAL. Amendments were made to subparagraph (a) to add a provision exempting the Office of Recovery Services from the case management conference requirement.

Supreme Court Order

Posted: July 17, 2023

Code of Judicial Administration – Effective November 1, 2023

CJA04-0202.03. Records access (AMEND).

CJA04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index (AMEND).

The proposed amendments align the rules with Utah Code Sections 77-40a-403(2)(b) and 77-40a-404, identifying individuals and entities who may access expunged records. Other amendments are non-substantive and intended to streamline the rules.

CJA04-0404. Jury selection and service (AMEND). The proposed amendments add the option to email juror qualification forms and summonses to prospective jurors.

Judicial Council Order

Posted: June 29, 2023

Rules of Professional Practice – Effective June 28, 2023

RPP11-0101. Creation and Composition of Supreme Court Committees. (AMENDED). This amendment allows the Supreme Court to appointment new members to committees for terms of less than three years where appropriate for the needs of the committee.

Supreme Court Order