Posted: December 20, 2019
Rules of Criminal Procedures – Comment Period Closed February 3, 2020
URCrP008. Appointment of Counsel. Amend. The amendments will change the requirements for capital case qualification, requiring experience to be as defense counsel and requiring education to be in-person training.
Posted: December 19, 2019
Rules of Appellate Procedure – Comment Period Closed February 2, 2020
URAP021. Filing and Service. Amend. The proposed amendments to Rules 21 and 26 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email). Rule 21 amendments would allow parties to file and serve papers by email, with different requirements for briefs and papers other than briefs. Paragraph (f) directs the parties on electronic signatures. The amendments in proposed paragraph (b) incorporate the Standing Order’s timing for paying fees.
URAP026. Filing and Service of Briefs. Amend. The proposed amendments to Rule 26 address email service and number of paper copies required in the appellate courts.
Posted: December 9, 2019
Rule Governing the Utah State Bar, Supreme Court Rules of Professional Practice – Comment Period Closed January 23, 2020
CJA14-0721. Admission of undocumented immigrants. NEW RULE. This new rule will allow certain undocumented immigrants with deferred action status to be eligible for admission to the Utah Bar. The Utah Supreme Court has included a statement explaining the Court’s authority to create this rule.
Posted: November 20, 2019
Rules of Appellate Procedure – Comment Period Closed January 4, 2020
URAP005. Discretionary appeals from interlocutory orders. Amend. The proposed amendments to Rules 5 and 10 incorporate substantial changes meant to streamline and modernize the appellate process. For example, the proposed addition of subsection (j) in Rule 5 defines the record on appeal and permits a party to submit an appendix to be filed separately with the party’s principal brief. The proposed amendments authorize citations to the record, to an appendix, or both.
URAP010. Procedures for summary disposition or simplified appeal process. Amend. The proposed amendments to Rule 10 allow specific classes of appeals to be designated for expedited review. The proposed amendments also narrow the grounds for parties to seek summary disposition by limiting such motions to jurisdictional objections. The Court retains its right to summarily dismiss, affirm, or reverse a case on its own initiative.
Posted: November 20, 2019
Rules of Criminal Procedure – Comment Period Closed January 4, 2020
URCrP009. Proceedings for persons arrested without a warrant on suspicion of a crime. The approved amendments modify the times within which a defendant must appear in court after a warrantless arrest when the defendant has been unable to meet the release conditions set by the magistrate.
URCrP009A. Procedures for persons arrested pursuant to warrant. The approved amendments modify the times within which a defendant must appear in court when the defendant has been arrested pursuant to a warrant and has been unable to meet the release conditions set by the court.
Posted: November 19, 2019
Rules of Juvenile Procedure – Comment Period Closed January 3, 2020
URJP009. Detention hearings; scheduling; hearing procedures. Amended. Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113. The revisions place restrictions on the amount of time and the conditions under which the minor may be held in detention. Requires a court determination of grounds for admission within 24 hours including weekends and holidays. Deletes the Advisory Committee Note. [Note: The Advisory Committee is continuing its discussion on whether the appropriate standard in the rule should be reasonable basis, reasonable grounds or probable cause and may address this question in a separate rule revision at a later date.]
Posted: October 22, 2019
Rules of Civil Procedure – Comment Period Closed December 6, 2019
URCP086. Licensed Paralegal Practitioners. NEW. Addresses applicability of Utah Rules of Civil Procedure to Licensed Paralegal Practitioners.
URCP065C. Post-conviction relief. AMEND. Addresses service of post-conviction petitions and the underlying court record.
Posted: October 22, 2019
Rules of Criminal Procedure – Comment Period Closed December 6, 2019
URCrP004. Prosecution by information.
URCrP006. Warrant of arrest or summons.
Posted: October 9, 2019
Code of Judicial Administration and Rules of Appellate Procedure – Comment Period Closes November 23, 2019
CJA11-0401.Standing Committee on Appellate Representation and the Appellate Roster. Amend.
URAP038B. Qualifications for Appointed Appellate Counsel. Amend.
URAP058. Ruling. Amend.
The following is a brief summary of the rule amendments:
- Updates terminology in Rule 11-401 to address legislative changes;
- Addresses in Rule 11-401 the addition to the Appellate Roster of appeals of private parental termination cases from the district court;
- Adds a mentoring provision to Rule 11-401;
- Adds a rolling admissions provision to Rule 11-401;
- Addresses in Rule 11-401 the Indigent Defense Commission’s role with the committee;
- Merges the provisions of Appellate Rule 38B into Rule 11-401;
- Addresses in Rules 38B and 11-401 the role of attorneys’ contracts with government entities to represent indigent individuals on appeal prior to Rule 11-401’s adoption;
- Addresses the tension between Rule 55 and the child welfare appellate roster in Rule 58;
- Adds transparency to the Appellate Roster vetting process; and
- Amends the Appellate Roster reconsideration process.
Posted: September 5, 2019
Code of Judicial Administration – Comment Period Closed October 20, 2019
CJA04-0410. Courthouse closure. NEW RULE – Outlines procedure for closure of a courthouse, including responsibilities of presiding judges and court management.