Posted: June 21, 2018
Rules of Criminal Procedure – Comment Period Closed August 5, 2018
URCrP007C. Amend. The amendments to rule 7C will bring the rule in line with current practices. The rule clarifies the processes for securing a material witness’s testimony.
URCrP008. Amend. The amendments to rule 8 will make the rule consistent with developments in the law. The amendments will also require trial courts of record to appoint counsel on appeal from the roster maintained by the Board of Appellate Court Judges.
Posted: June 20, 2018
Rules of Juvenile Procedure – Comment Period Closed August 4, 2018
URJP053. Appearance and withdrawal of counsel. Amended. Clarifies standards by which both retained and court-appointed counsel may withdraw as counsel of record in juvenile court proceedings.
Posted: June 7, 2018
Rules of Juvenile Procedure – Comment Period Closed July 22, 2018
URJP005. Amended. Makes revisions to the definition of “ungovernability” to comply with statutory changes, which become effective July 1, 2018. Corrects references to “child” rather than “minor.”
URJP09. Amended. Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113, which will become effective July 1, 2018. The revisions place restrictions on the amount of time and the conditions under which the minor may be held in detention.
URJP011. Amended. Clarifies that a request to extend the time period for filing a petition related to a detention order shall be made specifically by motion rather than merely “a separate written request.” Eliminates outdated language regarding court forms.
URJP018. Amended. Adds the term “parents” to make the language of the rule consistent with 78A-6-109.
URJP058. Amended. Adds a reference to Chapter 37 to the statement “the court shall honor the rights and procedures accorded to victims pursuant to Title 77, Chapters 37 and 38, Victims Rights.”
Posted: June 4, 2018
Rules of Civil Procedure – Comment Period Closed July 19, 2018
URCP0005. Service and filing of pleadings and other papers. Amend. Paragraph (b)(3)(B) is amended to remove the requirement that a person must agree to accept service by email in order to be served by email. If a person provides an email address pursuant to Rule 10(a)(3) or Rule 76, the person may be served Rule 5 papers at that address.
URCP0109. Automatic injunction in certain domestic relations cases. New. Provides that in certain domestic relations cases, an automatic injunction will enter upon the filing of the case. Its provisions address areas such as disposing of property, disturbing the peace of the other party, committing domestic violence, using the other party’s identification to obtain credit, interfering with telephone or utility service, modifying insurance, and behavior around the minor children. The injunction is binding on the petitioner upon filing the initial petition and on the respondent after the filing of the initial petition and upon receipt of a signed copy of the injunction.
Posted: May 7, 2018
Rules of Civil Procedure – Comment Period Closed June 21, 2018
URCP004. Process. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.
URCP011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.
URCP055. Default. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5) expedited rulemaking.
URCP063. Disability or disqualification of a judge. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5).
Posted: April 19, 2018
Rules of Criminal Procedure – comment period closed June 3, 2018
URCrP022 Amend. The proposed amendment will emphasize that the trial court should appoint appoint appellate counsel upon request from an indigent defendant.
Posted: April 13, 2018
Rules of Juvenile Procedure – Comment Period Closed May 28, 2018
URJP004 Rule 4 is revised to include weekends and holidays in the computation of time to bring the juvenile rule into conformity with computation of time rules contained in civil and criminal rules. It also eliminates provisions related to motions, which were previously moved to Utah R. Juv. P. 19A.
Posted: April 11, 2018
Rules of Civil Procedure – Comment Period Closed May 26, 2018
URCP0101 Motion practice before court commissioners. Amend. Makes conforming amendments pursuant to SB 25 (2018), which reduced the 90-day waiting period for a divorce to 30 days. Effective May 8, 2018 pursuant to CJA rule 11-105(5).
URCP0105 Shortening 30 day waiting period in divorce actions. Amend. Makes conforming amendments pursuant to SB 25 (2018), which reduced the 90-day waiting period for a divorce to 30 days. Effective May 8, 2018 pursuant to CJA rule 11-105(5).
Posted: April 9, 2018
Rules of Civil Procedure – Comment Period Closed May 24, 2018
URCP073 Attorney Fees. Amend. An overwhelming number of cases filed in the courts, especially debt collection cases, result in the entry of an uncontested judgment. The work required in most cases to obtain an uncontested judgment does not typically depend on the amount at issue. The amendments eliminate the schedule of fees based on the amount of damages and replace it with a single fee upon entry of an uncontested judgment and a larger fee in contested cases. Where additional work is required to collect on the judgment, the amendments provide a default amount for writs and certain motions, and eliminate the “considerable additional efforts” limitation of the prior rule. The rule remains flexible so that when attorney fees exceed the scheduled amounts, a party remains free to file an affidavit requesting appropriate fees in accordance with the rule.
Posted: April 6, 2018
Licensed Paralegal Practitioners Rules of Professional Conduct and Rules Governing Licensed Paralegal Practitioner – Comment Period Closed May 21, 2018
LPP1.03 Diligence. The proposed rule applies to Licensed Paralegal Practitioners and is part of the new chapter for Licensed Paralegal Practitioners’ Rules of Professional Conduct which was published for comment on August 31, 2017.
RGLPP15-0908 Conflict of Interest. The proposed rule applies to Licensed Paralegal Practitioners and is part of the new chapter for Licensed Paralegal Practitioners’ Fund for Client Protection which was published for comment on August 31, 2017.