Utah Court Rules – Published for Comment – Page 14 – The Supreme Court and Judicial Council invite comments about amending these rules. To view the proposed amendment, click on the rule number. To submit a comment or view the comments of others, click on “Continue Reading.” To submit a comment, scroll down to the “Leave a Reply” section, and type your comment in the “Comment” field. Type your name and email address in the designated fields and click “Post Comment.” Comments cannot be acknowledged, but all will be considered. Comments are saved to a buffer for review before publication.

Posted: December 20, 2022

Code of Judicial Administration – Comment Period Closed February 3, 2023

Amendments clarify that attorneys and licensed paralegal practitioners must file cases electronically and allow self-represented litigants to file by email.

CJA04-0503. Mandatory electronic filing in civil and probate cases (AMEND)

CJA04-0603. Mandatory electronic filing in criminal cases (AMEND)

CJA04-0801. Filing small claims cases (AMEND)

CJA04-0901. Mandatory electronic filing in juvenile court (AMEND)

CJA09-0302. Mandatory electronic filing in justice court (AMEND)

Posted: December 15, 2022

Rules of Appellate Procedure – Comment Period Closed January 29, 2023

URAP004. Appeal as of right: when taken. The Committee had previously sent the rule out for comment in regards to the following proposed changes: (1) add to the rule the standard governing motion to reinstate the time for appeal; (2) restructure the section to be consistent with subsection 4(g) (addressing reinstating the right to appeal in civil cases); (3) included a one-year deadline from discovery of facts giving rise to the claim; and (4) clean up language for clarity and consistency. The Committee is proposing sending out for public comment; (1) new restructured language in regards to the one-year timeframe; and (2) clarifying what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday.

URAP005. Discretionary appeals from interlocutory orders. The Committee proposes amending Rule 5 to: (1) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; and (2) clean up language for clarity and consistency.

URAP011. The record on appeal. The Committee proposes amending Rule 11 to: (1) add a requirement that parties include the position of all other parties when filing a motion; and (2) change the reference to Rule 11(e)(1) to (c)(1).

URAP022. Computation and enlargement of time. The Committee proposes amending Rule 22 to: (1) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; (2) clarify “legal holiday” and provide a web link to the Utah Courts website that lists the holidays in which the Utah State Courts are closed; (3) add a requirement that parties include the position of all other parties when filing a motion; and (4) clean up language for clarity and consistency.

URAP052. Child welfare appeals. The Committee proposes amending Rule 52 to: (1) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; (2) clean up format for consistency.

URAP057. Record on appeal; transmission of record. The Committee proposes amending Rule 57 to clarify that the record on appeal consists of the juvenile’s entire legal file, but only those parts of the juvenile’s social file that the juvenile court actually considered.

Posted: December 12, 2022

Rules Governing the Utah State Bar – Comment Period Closed January 26, 2023

USB14-0701. Definitions. Amended as of December 9, 2022, pursuant to UCJA Rule 11-105(5). The amendments add as a defined term “UBE Transfer Applicant.”

USB14-0809. Practice Pending Admission. Amended as of December 9, 2022, pursuant to UCJA Rule 11-105(5).The amendments add UBE Transfer Applicants to the list of applicants that may practice while their admissions application is pending.

Posted: December 7, 2022

Utah Rules of Civil Procedure – Comment Period Closed January 21, 2023

URCP059. New trial; altering or amending a judgment. (Amend). The Committee proposes amending the language of subparagraph (e) to include “unless otherwise provided for by statute or rule” because as written the rule may conflict with Utah Code section 78B-6-811(5)(b), which states a court may modify a judgment for additional amounts owed if a motion is submitted within 180 days.

Posted: November 21, 2022

Code of Judicial Administration – Comment Period Closed January 5, 2023

CJA06-0501. Reporting requirements for guardians and conservators. Proposed amendments clarify that a corporate fiduciary must attach its own internal reports and accountings to court approved forms.

CJA03-0406. Budget and fiscal management. Proposed amendments incorporate the role of the Budget and Fiscal Management Committee and make other improvements to clarify the budget process.

CJA03-0104. Presiding judges. Proposed amendments require presiding judges to notify the appropriate state level administrator when a judge fails to submit a required case under advisement statement. If a judge fails to submit a required statement for two consecutive months, the state level administrator must notify the Management Committee.

Posted: November 9, 2022

Rules Governing the Utah State Bar – Mandatory Continuing Education – Comment Period Closed December 24, 2022

The Utah Supreme Court’s Board of Mandatory Continuing Legal Education (MCLE Board) proposes amending the MCLE rules listed below. On the whole, these amendments update terminology, replacing “Live CLE” with “Verified CLE” and “Self-Study CLE” with “Elective CLE.” Rule 14-404 also clarifies some issues around the New Lawyer Training Program. And Rule 14-419 offers a new avenue for Bar licensees to obtain CLE credit: pro bono work.

Pro bono cases inherently contain an educational component because they often fall outside the licensee’s normal practice area. And there is always a large need for volunteers. As such, the Judicial Council’s Standing Committee on Resources for Self-represented Parties and the Bar’s Access to Justice Commission proposed allowing CLE credit to be given for pro bono service under the conditions identified in Rule 14-419.

The MCLE Board has, in turn, proposed a two-year pilot project to test whether the purposes for which CLE credit is given—providing education that contributes directly to a licensee’s competence, skills, professionalism, and civility—will be realized in Rule 14-419, and also whether such a rule will incentivize licensees to perform more pro bono services.

USB14-0402. Definitions. AMEND. Terminology amendments.

USB14-0404. Active status lawyers MCLE, NLTP, admission on motion, multi-state compliance reciprocity, house counsel and UBE requirements; MCLE requirements for Paralegal Practitioners. AMEND. Terminology amendments; clarifications around the New Lawyer Training Program.

USB14-0408. Credit hour defined; application for approval. AMEND. Terminology amendments.

USB14-0409. Categories of Elective CLE defined. AMEND. Terminology amendments.

USB14-0410. Accreditation of CLE; undue hardship and special Accreditation. AMEND. Terminology amendments.

USB14-0411. Board Accreditation of CLE. AMEND. Terminology amendments.

USB14-0412. Presumptively approved CLE providers; presumptive CLE Accreditation. AMEND. Terminology amendments.

USB14-0413. CLE Accreditation for qualified audio and video presentations, webcasts, computer interactive telephonic programs, writing, lecturing, teaching, public service, and live attendance. AMEND. Terminology amendments.

USB14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. AMEND. Terminology amendments.

USB14-0418. Remote group CLE. AMEND. Terminology amendments.

USB14-0419. CLE Credit for Pro Bono Legal Services. NEW. Proposes a two-year pilot project that would provide CLE credit for pro bono services performed under the auspices of a Utah court, the Utah State Bar, or a sponsoring entity.

Posted: November 8, 2022

Rules of Professional Conduct and Rules Governing the Utah State Bar – Comment Period Closed December 23, 2022

RULES OF PROFESSIONAL CONDUCT

RPC08.03. Reporting Professional Misconduct. Amend. Clarifies that a lawyer or judge participating in a Utah State Bar-sponsored fee dispute resolution program is not required to disclose information gained in that program to the Office of Professional Conduct.

RULES GOVERNING THE UTAH STATE BAR

USB14-0111. Exemption from future testimony and confidentiality of records and information. Amend. Clarifies when the Bar may disclose confidential information and what information it may disclose; also clarifies that a Fee Dispute Resolution Committee member who participates in a fee dispute arbitration may not be called as a witness in any subsequent legal proceeding related to the fee dispute.

USB14-0116. Conduct of the mediation. Amend. Permits the fee dispute mediator to serve notice of the mediation by email on the mediating parties.

Posted: November 8, 2022

Rules Governing the Utah State Bar – Comment Period Closed December 23, 2022

USB14-0705. Admission by motion. Amended as of November 7, 2022, pursuant to UCJA Rule 11-105(5). The amendments restore reciprocity language to the rule.

Since the August 1, 2022 amendments, the Utah State Bar’s Office of Admissions has fielded several inquiries about whether an attorney who is primarily licensed and practicing in a non-reciprocal jurisdiction would now be eligible for admission by motion. These questions appear to arise from the deletion of a reciprocity provision in Rule 14-705. Removing reciprocity requirements was never the intention behind the August amendments. Rather, the intention was to simply recognize that the pandemic created opportunities for remote work. As such, these amendments clarify that a reciprocal admission applicant must have been engaged in the Full-time Practice of Law in the reciprocal jurisdiction, whether remotely or in-person, during the relevant time period.

Posted: October 31, 2022

Rules of Civil Procedure – Comment Period Closed December 15, 2022

URCP041. Dismissal of Actions. This rule was previously published for public comment after changes to subparagraphs (a)(1)(A), (a)(1)(A)(i), and (a)(2). The issue of dismissing an action as to a particular party was brought to the Committee. The example posed included a multi-defendant case where a settlement agreement may have been reached as to some, but not all defendants, and the plaintiff sought to dismiss the action as to those particular defendants, but not all of the defendants. Rule 41 currently addresses the dismissal of an “action.” The Committee is proposing a change to subsections (a)(1)(A) and (a)(2) that would permit a plaintiff to dismiss an action, “a claim, or a party… .” Which is a slight language change from the previous amendment for the same purpose to make the language more clear.

Posted: October 27, 2022

Rules of Appellate Procedure – Comment Period Closed December 11, 2022

URAP020. Habeas corpus proceedings. Repeal/Add Advisory Committee Note. The Committee is posting for public comment the addition of an Advisory Committee Note to the repealed rule. This note is intended to alleviate concerns in regards to repealing Rule 20. The Committee previously proposed repealing Rule 20 because it is superfluous and confusing, and could prejudice a criminal defendant’s opportunity to seek relief under the Post-Conviction Remedies Act (PCRA). Rules 65B and 65C of the civil rules, together with the PCRA, Utah Code § 78B-9-101 to -110, already provide mechanisms to challenge the lawfulness of any official detention.

URAP019. Extraordinary writs. The Committee proposes amending Rule 19 to: (1) incorporate a page and word limit, and a certificate of compliance, similar to the requirements in Rule 24 regarding briefs; (2) add the ability for the petitioner to file a reply after service of a response; (3) increase the amount of time to file a response from 7 days to 30; (4) add an Advisory Committee Note advising parties that although Rule 20 has been repealed, they still have the ability to file directly to the Supreme Court under Rule 19 under appropriate circumstances; and (5) clean up language for clarity and consistency.

URAP023. Motions. The Committee proposes substituting “discussion” for “memorandum.” The Committee believes that the word “memorandum” can lead individuals to file unnecessarily a separate document containing the facts and arguments supporting their requests, rather than merely including those facts and arguments in the original petition or motion.

URAP023C. Motion for emergency relief. The Committee proposes amending Rule 23C to (1) change the reference to Rule 19; (2) change the rule reference in paragraph (e) concerning form of papers from Rule 23(f) to Rule 27, as paragraph 23(f) was relocated to Rule 27 effective November 1, 2021; and (3) correct formatting for consistency. The rule currently refers to a specific subparagraph in Rule 19 that will be renumbered under the proposed amendments. To avoid cross-referencing problems that future amendments may create, the Committee recommends directing parties to the general rule rather than a specific paragraph.