Posted: May 14, 2015
Rules of Professional Conduct
RPC 08.04. Misconduct. Amend. The added comment puts attorneys on notice that an egregious violation or a pattern of repeated violations of the Standards of Professionalism and Civility can result in a violation of this rule.
Posted: May 14, 2015
Code of Judicial Administration
CJA 01-0205. Standing and ad hoc committees. Amend. Adds a criminal law professor to the Model Criminal Jury Instructions Committee.
CJA 03-0201. Court commissioners. Amend. Provides a public comment process for commissioner nominations and reappointments.
CJA 04-0502. Expedited procedures for resolving discovery issues. Repeal. Repeals rules 4-502 as expedited procedures for resolving discovery issues are now covered by rules 26, 30, 37, and 45 of the Utah Rules of Civil Procedure.
CJA 04-0603. Mandatory electronic filing. Amend. Provides that a person seeking a hardship exemption may do so by filing a written request in lieu of a form provided by the AOC.
Posted: May 14, 2015
Rules of Civil Procedure
URCP 008. General rules of pleadings. Amend. Changes the phrase “contributory negligence” to “comparative fault,” in keeping with Utah Code sections 78B-5-817 through 78B-5-823.
Posted: May 14, 2015
Rules of Criminal Procedure
URCrP 038. Appeals from justice court to district court. Amend. The proposed amendment creates a process for justice court defendants to file a motion reinstating the time for appeal, consistent with Manning v. State. The proposed amendment also eliminates the requirement for justice courts to send copies of documents to the district court when an appeal is filed.
Posted: March 31, 2015
Rules of Appellate Procedure
URAP 038A. Withdrawal of counsel. Amend. Requires that appointed appellate counsel represent a client through the first appeal as of right.
Posted: March 31, 2015
Code of Judicial Administration
CJA 01-0205. Standing and ad hoc committees. Amend. Eliminates the Justice Court Standards Committee. Provides that the Judicial Council’s Management Committee shall review standing and ad hoc committees every six years and make a recommendation to the Judicial Council as to whether the committee should continue. Allows the committees to meet as needed.
CJA 03-0109. Ethics Advisory Committee. Amend. Gives the committee 60 days to issue an opinion. Allows the committee chair to extend the time for deliberations on an opinion when necessary. Allows the boards of judges to request reconsideration of an opinion.
CJA 03-0112. Justice Court Standards Committee. Repeal. Eliminates the Justice Court Standards Committee in conjunction with the responsibility for justice court standards being moved to the Board of Justice Court Judges.
CJA 03-0418. Model Utah Jury Instructions. New. Provides direction on developing jury instructions to the committees on the Model Utah Jury Instructions.
CJA 04-0202.02. Records classification. Amend. Classifies affidavits supporting motions to waive fees as private records.
CJA 06-0501. Reporting requirements for guardians and conservators. Amend. Requires a guardian or conservator to file a verified Private Information Record with the AOC within 7 days of appointment.
CJA 09-0101. Board of Justice Court Judges. Amend. Gives the Board of Justice Court Judges responsibility for overseeing justice court standards.
CJA 09-0108. New. Outlines the justice court standards as previously provided in rule 3-112.
Posted: February 24, 2015
Code of Judicial Administration
CJA 04-0401.01. Electronic media coverage of court proceedings. Amend. Provides a presumption of electronic media coverage in court proceedings where the predominant purpose of the coverage is journalism or dissemination of news to the public. Provides that all requests for electronic media coverage must come through the court’s public information office. Requires that news reporters providing pool coverage shall promptly share their files with other news reporters and that news reporters must be willing and able to share their files to be approved to provide coverage.
Posted: January 27, 2015
Rules of Evidence
URE 0616. Statements Made During Custodial Interrogations. New. Outlines the requirements for admissibility of statements made during custodial interrogations and provides exceptions.
Posted: December 15, 2014
Rules of Civil Procedure
URCP 056. Summary judgment. Amend. Moves the special requirements for motions for summary judgment from Rule 7 to Rule 56. Conforms more closely to FRCP 56, but retains the requirement under Utah law that the party with the burden of proof on an issue must meet its initial burden to present materials in the record establishing that no genuine issue of material fact exists and that the party with the burden of proof is entitled to judgment as a matter of law.