Utah Court Rules – Published for Comment – Page 38 – 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: November 17, 2016

Rules of Criminal Procedure – Comment Period Closed January 1, 2017

URCrP004 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for filing informations.

URCrP004a New. The proposed new rule will address the process for prosecutions commenced by indictment.

URCrP004b New. The proposed new rule will address the process for prosecutions commenced by citation.

URCrP004, 4a, 4b Committee Note The note explains the changes that are made in response to comments received.

URCrP006 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for issuing warrants and summones.

URCrP029 Amend. The proposed amendment will eliminate the presiding officer of the Judicial Council as a person to whom disqualification affidavits may be referred.

Posted: November 16, 2016

Rules of Civil Procedure – Comment Period Closed December 31, 2016

URCP035 Physical and mental examination of persons. Amend. The 2016 amendments to Rule 35 clarify when there is overlap between a Rule 26(a)(4) expert report and when there is not. It also provides for the shorter of a 60-day time frame or 7 days prior to the close of fact discovery in which the party requesting the Rule 35 examination must disclose the report to the person being examined. This is the second request for comment.

Posted: November 10, 2016

Rules of Appellate Procedure – Comment Period Closed December 25, 2016

URAP024 – The proposed amendment substantially changes the organization and content of briefs. An important objective of the amendment is to present the party’s case in logical order, in measured increments, and without unnecessary repetition. The principal brief of each party must meet the same requirements.

URAP024A – The proposed amendment collects in one separate rule the briefing requirements in cross-appeals. The briefing requirements have also been clarified and simplified for ease of use.

Posted: October 20, 2016

Rules of Civil Procedure – Comment Period Closed December 4, 2016

URCP007 Pleadings allowed; motions, memoranda, hearings, orders. Amend. Returns pre-2015 paragraph (b)(2) language addressing limits on orders to show cause to new paragraph (q).

URCP065C Post-conviction relief. Amend. Expressly makes all records in the criminal case under review, including the records in an appeal of that conviction, part of the trial court record in the petition for post-conviction relief.

Posted: September 6, 2016

Code of Judicial Administration – Comment Period Closed October 21, 2016

CJA 04-202.02 Amend. Classifies court records associated with actions for disease testing as sealed.

Posted: August 29, 2016

Rules of Civil Procedure – Comment Period Closed October 13, 2016

Rule 034 Production of documents and things and entry upon land for inspection and other purposes. Amend. The 2016 amendments to Rule 34(b)(2) adopt 1) the specificity requirement in the 2015 amendments to Federal Rule of Civil Procedure 34(b)(2)(B), 2) a portion of Federal Rule 34(b)(2)(C) dealing with the basis for an objection to production, and 3) some clarifying language from the federal note.

Rule 035 Physical and mental examination of persons. Amend. The 2016 amendments to Rule 35 clarify when there is overlap between a Rule 26(a)(4) expert report and when there is not. It also provides a 28-day time frame in which the party requesting the Rule 35 examination must disclose the report to the person being examined.

Posted: August 19, 2016

Rules of Evidence – Comment Period Closed October 3, 2016

URE 0412 Amend. Changes the classification of records described in subparagraph (c)(3) from sealed to protected.

URE 0504 Amend. The definition of “Representative of the client” has been revised to be more grammatically correct, and to clarify the application of the term “specifically authorized” in subparagraph (a)(4).

Posted: July 29, 2016

Rules of Small Claims Procedure – Comment Period Closed September 12, 2016

URSCP 001 General provisions. Amend. The Utah Rules of Small Claims Procedure will not apply to cases removed from small claims court to district court, except as outlined in Rule 12.

URSCP 002 Plaintiff beginning the case. Amend. Title changed to include “Plaintiff.”

URSCP 002A Defendant’s removal from district court. New. Prescribes the procedures outlined in Utah Code Section 78A-8-102, authorizing a defendant to remove a case from district court to small claims court with the plaintiff’s stipulation.

URSCP 003 Service of the affidavit and summons. Amend. Requires language in the summons sufficient to notify a defendant of his/her removal rights.

URSCP 004 Counter affidavit. Amend. Provides an exception to the time limit for filing a counter affidavit when a defendant is removing the case pursuant to Rule 2A.

URSCP 004A Defendant’s removal to district court. New. Provides defendants with the ability to remove a case filed in small claims court to district court for proceedings in accordance with the Utah Rules of Civil Procedure, including the option for a jury trial in the first instance.

URSCP 012 Appeals. Amend. Provides parties the option of electing a jury trial de novo in the district court for cases tried in small claims without a jury and allows district court judges the option of requiring parties to exchange information prior to a de novo trial (with or without a jury). Notifies parties of their appellate rights when a case is removed to district court pursuant to Rule 4A.

Posted: July 27, 2016

Code of Judicial Administration – Comment Period Closed September 10, 2016

CJA 11-0201 Senior judges. Amend. Removes the reference to attorney survey results under the requirement that senior judges obtain results on their most recent judicial performance evaluation sufficient to have certified them for retention.

CJA 11-0203 Senior justice court judges. Amend. Includes an allowance for judges who were laid off pursuant to Utah Code 78A-7-203 to qualify as a senior justice court judge and adds an initial qualifying requirement that senior justice court judges obtain results on their most recent judicial performance evaluation sufficient to have certified them for retention.

Posted: July 14, 2016

Fourth District Local Rule – Comment Period Closed August 28, 2016

Rule 10-1-407 Time to charge. New. Fourth District local rule that governs the time and conditions between arrest and first appearance in all felony and Class A misdemeanor offenses when the defendant is arrested without a warrant and remains in custody.