Utah Court Rules – Published for Comment – Page 35 – 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: January 31, 2018

Rules Governing the State Bar – Comment Period Closed March 17, 2018

USB14-0701 Amend. Changes to Rule 14-701 clear up confusion regarding the definition of “bar examination” and make the definition of practice of law consistent with the definition used in 14-802.

USB14-0807 Amend. Changes to Rule 14-807 clarify language that has been a source of confusion for students seeking to practice under the rule.

USB14-0809 New. This new rule will allow lawyers admitted in other jurisdictions, who have submitted an application for admission to the Utah State Bar, to practice law in Utah under supervision while awaiting admission

USB14-0704 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0705 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0713 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0719 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0806 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0904 Amend. Changes to the rule clarify that any lawyer on whose behalf the Fund for Client Protection makes a payment can be administratively suspended for failure to reimburse the Fund.

Posted: December 1, 2017

Rules of Criminal Procedure – Comment Period Closed January 14, 2018

URCrP012 Amend. The proposed amendment will require service of pleadings on the Attorney General’s Office or the county or city attorney’s office when a party challenges the constitutionality of a statute or ordinance.

URCrP022 Amend. One amendment will require a court to notify a defendant at sentencing of the right to counsel for an appeal. Another amendment adds state law to the warning to be given in domestic violence cases.

URCrP036 Amend. This amendment will allow defense counsel to be able to make an oral motion to withdraw from the case after judgment is entered.

Posted: November 30, 2017

Code of Judicial Administration – Comment Period Closed January 14, 2018

CJA11-101 Amend. The first proposed amendment will allow for emeritus members of the Supreme Court’s rules advisory committees. The second amendment will allow a member to serve up to four terms if any of those terms are as chair.

Posted: November 27, 2017

Rules of Civil Procedure, Criminal Procedure, Code of Judicial Administration – Comment Period Closed January 11, 2018

Utah Rules of Civil Procedure

URCP063 Disability or disqualification of a judge. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the reviewing or assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.

Utah Rules of Criminal Procedure

URCrP029 Disability or disqualification of a judge or change of venue. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.

Utah Code of Judicial Administration

CJA09-0109 Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges and associate presiding judges for justice courts.

Posted: November 22, 2017

Code of Judicial Administration – Comment Period Closed January 6, 2018

CJA011-0401 New Rule 11-401: To establish a standing committee to assist the Board of Appellate Court Judges to determine a roster of attorneys eligible for appointment to represent indigent parties on appeal to the Utah Supreme Court and the Utah Court of Appeals.

Posted: November 16, 2017

Rules of Juvenile Procedure – Comment Period Closed December 31, 2017

URJP007 Warrants. Contains revisions necessitated by new statute section 78A-6-106.5 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP015 Preliminary inquiry; informal adjustment without petition. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP016 Transfer of delinquency case for preliminary inquiry. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments. Clarifies applicability of certain rule provisions to a child (under the age of 18) and a minor (under the age of 21).

URJP023A Hearing on conditions of Section 78A-6-702. Changes burden of proof to preponderance to bring rule into conformity with 2015 statute change.

URJP031 Initiation of truancy proceedings. Repeals Rule 31 due to statutory changes removing juvenile court jurisdiction over habitual truants.

URJP033 Preliminary orders and summary proceedings. Deletes provisions related to the ability to place non-resident runaways into the custody of the Division of child and Family Services.

Posted: October 13, 2017

Rules of Juvenile Procedure – Comment Period Closed November 27, 2017

URJP014 Reception of referral, preliminary determination. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP017 The petition. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP034 Pretrial hearings in non-delinquency cases. Clarifies when the court may enter a default judgment.

URJP048 Post judgment motions. Renames rule from “New hearings” to “Post judgment motions” to more accurately reflect the full scope of the rule’s content. Reduces the time to file post judgment motions to 14 days from the 28 days provided by the Rules of Civil Procedure to avoid conflicts with the shorter time frames for filing expedited child welfare appeals.

Posted: October 10, 2017