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Posted: May 1, 2012

Rules of Criminal Procedure

URCrP 027A. Stays pending appeal from a court not of record- appeals for a trial de novo. New. Governs the procedures for stays pending the appeal of a final decision in a justice court. Does not apply to DUI cases. Includes circumstances in which a stay may be denied. Sets forth the conditions that a justice court may impose as a part of the stay. Effective on the same day as S.B. 214, the legislation that prompted this rule. Effective May 7, 2012 under Rule 11-105(5).
URCrP 027B. Stays pending appeal from a court not of record- hearings de novo, DUI, and reckless driving cases. Renumber Rule 27A and amend. Applies in DUI cases and appeals of hearings de novo. Contains essentially the same criteria that existed in previous Rule 27A. Effective on the same day as S.B. 214, the legislation that prompted this rule. Effective May 7, 2012 under Rule 11-105(5). Subject to change after the comment period.
Supreme Court Order

Posted: May 1, 2012

Rules of Juvenile Procedure

URJP 020A. Discovery in non-delinquency proceedings. Amend. Changes comport with the new civil discovery rules and to clarify that the Rule of Civil Procedure regarding subpoenas applies generally in juvenile court and is not limited to depositions on oral questions.
URJP 023. Hearing to waive jurisdiction and certify under Section 78A-6-703; bind over to district court. Amend. Technical change.
URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Technical change.

Posted: May 1, 2012

Code of Judicial Administration

CJA 04-0409. Council approval of Problem Solving Courts. Amend. Regulates ex parte communication in problem solving courts, as recognized by the Code of Judicial Conduct and consistent with the signed agreement.

Posted: April 3, 2012

Rules Governing the Utah State Bar

USB 14-0510. Prosecution and appeals. Amend. Allows OPC to refer matters to the Professionalism Counseling Board established pursuant to Supreme Court Standing Order No. 7. Allows OPC to appeal screening panel determinations and recommendations. Authorizes the chair of the Ethics & Discipline Committee to increase a sanction imposed by a screening panel.
USB 14-0515. Access to disciplinary information. Amend. Allows direct communication between OPC, members of the Ethics and Discipline Committee and the Professionalism Counseling Board.

Petition to Adopt the Uniform Bar Exam Substantive and technical amendments to multiple rules to adopt the Uniform Bar Exam in Utah.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
USB 14-0701. Definitions.
USB 14-0702. Board – general powers.
USB 14-0703. Qualifications for admission of Student and Foreign Law School Applicants.
USB 14-0704. Qualifications for admission of Attorney Applicants.
USB 14-0705. Admission by Motion.
USB 14-0706. Test accommodations.
USB 14-0707. Application; deadlines; withdrawals; postponements and fees.
USB 14-0708. Character and fitness.
USB 14-0709. Application denial.
USB 14-0710. Administration of the Bar Examination.
USB 14-0711. Grading and passing of the Bar Examination.
USB 14-0712. Qualifications for admission based on UBE.
USB 14-0713. MPRE.
USB 14-0714. Unsuccessful Applicants: disclosure and right of inspection.
USB 14-0715. Bar Examination appeals.
USB 14-0716. License fees; enrollment fees; oath and admission.
USB 14-0717. Readmission after resignation or disbarment of Utah attorneys.
USB 14-0718. Licensing of Foreign Legal Consultants. Renumber from 14-805 and amend.
USB 14-0719. Qualifications for admission of House Counsel Applicants. Renumber from 14-720 and amend.
USB 14-0720. Confidentiality. Renumber from 14-719 and amend.
USB 14-0805. Reserved.

Posted: April 3, 2012

Rules of Civil Procedure

URCP 005. Service and filing of pleadings and other papers. Amend. Requires a certificate of service appended to each document that has to be served. Permits the court to serve documents by email.

Posted: April 3, 2012

Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Creates a process for review by the court when someone is arrested on a material witness warrant.
URCrP 029. Disability and disqualification of a judge or change of venue. Amend. Clarifies that a request to submit for decision is not required on a motion to disqualify. The amendment also states that other parties may not file a response to the motion.

Posted: April 3, 2012

Rules of Appellate Procedure

URAP 029. Oral argument. Amend. The proposed amendment will allow for oral argument if the court determines that oral argument will significantly aid the decisional process. The amendment reflects current court practice.

Posted: April 3, 2012

Code of Judicial Administration

CJA 03-0301. Court administrators. Amend. Modifies responsibilities to reflect duties.
CJA 03-0410. Automated information resource management. Amend. Modifies responsibilities to reflect duties.
CJA 04-0202.08. Fees for records, information, and services. Amend. Establishes a fee of $5.00 to email a document. Prohibits the court from emailing a document available on Xchange.
CJA 04-0501. Expedited jury trial. New. Implements the pilot program as directed by HB 349 (2011) and HB 204 (2012).
CJA 04-0502. Expedited procedures for resolving discovery issues. Renumber 10-1-306 and 10-1-406 and amend. Describes a process for resolving discovery disputes quickly to minimize the impact on time to complete discovery.
CJA 04-0503. Mandatory electronic filing. New. Requires that documents in district court civil cases be filed electronically effective January 1, 2013. Provides for exceptions.

Posted: December 20, 2011

Rules Governing the Utah State Bar

USB 14-0503. Ethics and Discipline Committee. Amend. Adds a vice chair to the Ethics and Discipline Committee and establishes a screening panel member removal process.
USB 14-0510. Prosecution and appeals. Amend. Provides that a judicial officer’s failure to address or report alleged attorney misconduct is not evidence that misconduct has or has not occurred. Establishes that a screening panel’s involvement in the diversion process ceases once the material terms of a diversion contract have been agreed to.
USB 14-0533. Diversion. Amend. Provides that OPC, as secretary to the screening panel, memorializes the diversion contract.

Petition to Create Ethics Advisory Opinion Safe Harbor.
USB 14-0504. OPC counsel. Amend. Prohibits OPC from prosecuting a lawyer for an act expressly authorized by an ethics advisory opinion. Provides that a court is not bound by an the interpretation of an ethics advisory opinion. Permits OPC to request that the ethics advisory opinion committee review, modify or withdraw an ethics advisory opinion. Permits OPC to request that the supreme court review, affirm, reverse or modify an ethics advisory opinion.

Posted: December 2, 2011

Rules of Civil Procedure

URCP 025. Substitution of parties. Amend. Clarifies that the notice of hearing on a motion to substitute parties must be served with the motion if the hearing has been scheduled by the time the motion is served.