Utah Court Rules – Published for Comment – Page 46 – 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: April 11, 2014

Rules Governing the Utah State Bar

USB 14-0808. New lawyer training program. Amend. Moves the responsibility for approving mentors from the Supreme Court to the Bar. Effective March 27, 2014 under CJA Rule 11-105(5). Subject to change after the comment period.

Posted: April 11, 2014

Rules of Civil Procedure

URCP 005. Service and filing of pleadings and other papers. Amend. Eliminates service by fax. Eliminates the requirement that a party must agree to service by email. Describes how to file an affidavit or declaration, given the requirements of e-filing. Makes numerous amendments intended to simplify the text.
URCP 030. Depositions upon oral questions. Amend. Deletes an incorrect reference to appellate transcripts of court hearings as the method for preparing a transcript of a deposition.
URCP 037. Discovery and disclosure motions; Sanctions. Amend. Replaces traditional discovery motions with the process of expedited statements of discovery issues currently found in Code of Judicial Administration Rule 4-502. If approved, the procedural provisions of Rule 4-502 will be deleted. Allows costs and attorney’s fees to be included as part of a statement of discovery issues, but requires a motion for sanctions.

Posted: March 17, 2014

Code of Judicial Administration

CJA 03-0306. Language access in the courts. Amend. Adds a Utah residency requirement for interpreters seeking to be credentialed as court-certified interpreters.
CJA 04-0202.02. Records classification. Amend. Classifies records from cases involving minors seeking judicial consent for abortion as sealed.
CJA 04-0405. Juror and witness fees and expenses. Amend. Increases the rate for jury snacks and breaks from $3.00 to $4.00 in accordance with the state rate.
CJA 04-0906. Guardian ad litem program. Amend. Allows the Office of Guardian ad Litem to remove a private guardian ad litem who has not met the continuing education requirements from their case assignment roster.

Posted: March 17, 2014

Rules of Appellate Procedure

URAP 005. Discretionary appeals from interlocutory orders. Amend. Sets a page limit for a petition for permission to appeal and describes how relevant documents may be referenced; provides that a response to a petition for permission to appeal will not be received unless requested by the court; and provides that cross-petitions for permission to appeal are not permitted.
URAP 023. Motions. Amend. Provides that a reply may be filed no later than five days after service of the response, but allows the court to rule on the motion without awaiting a reply.
URAP 035. Petition for rehearing. Amend. Provides the circumstances under which a party may petition for rehearing.
URAP 037. Suggestion of mootness; voluntary dismissal. Amend. Provides that an appellant’s personal affidavit demonstrating that the decision to dismiss is voluntary need only be filed on a motion to dismiss for reasons other than mootness.

Posted: March 17, 2014

Code of Judicial Administration

CJA 04-0403. Signature stamp use. Amend. Allows a clerk to use a judge’s signature stamp, with permission, on orders on unopposed motions requesting the Department of Workforce Services to release debtor information. The rule is effective March 14, 2014 under Utah Code of Judicial Administration, rule 2-205, and is subject to change after the comment period.

Posted: January 28, 2014

Code of Judicial Administration

CJA 10-1-602. Orders to show cause. New. 6th District local rule which describes the process for requesting an order to show cause when a commissioner is unavailable.

Posted: January 28, 2014

Rules of Evidence

URE 803. Hearsay exceptions; availability of declarant immaterial. Amend. Adopts changes made to Federal Rule of Evidence 803(10).

Posted: January 24, 2014

Rules Governing the Utah State Bar

USB 14-510. Prosecution and appeals. Amend. Provides the time in which the respondent to an ethics complaint may respond to an exception filed by OPC.

Posted: January 24, 2014

Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Conforms the rule to existing practices. Authorizes a magistrate to issue a material witness warrant at the same time bail is fixed. Clarifies that a material witness may not be detained if the person cannot post bail and that the witness’s testimony may be taken by deposition.
URCrP 038. Appeals from justice court to district court. Amend. Reflects that citations are now efiled and, therefore, that an abstract of a citation will be included in the record on appeal.
URCrP 040. Search warrants. Amend. Makes all sealed search warrants public after six months. The prosecutor or law enforcement officer may apply for additional six month sealing periods. If documents have been sealed for three years or more, an individual may seek to indefinitely seal the documents.

Posted: December 6, 2013

Code of Judicial Administration

CJA 04-0408.01. Responsibility for administration of trial courts. Amend. Makes Morgan District Court a state operation. Effective November 1, 2013 under Rule 2-205. Subject to change after the comment period.