Utah Court Rules – Published for Comment – Page 56 – 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: March 31, 2009

Rules Governing the Utah State Bar

Petition to refine definition of lawyers “active under 3” licensing status. Specify that to qualify for the “active, under 3 years” category means to have practiced less than 3 years in any jurisdiction.
Exhibit 1.
Exhibit 2. USB14-0203.License categories.
Petition to amend RLDD 14-507 to provide mandatory collection of lawyers’ email addresses. Require the Bar to collect, maintain and have ready access to a lawyer’s e-mail address. Lawyer could still designate the e-mail address as private.
Exhibit 1.
Exhibit 2.
Exhibit 3. USB14-0507.Roster of lawyers and current record information.

Posted: February 23, 2009

Audio Records of Hearings; Transcripts

The Judicial Council proposes the following amendments to the Code of Judicial Administration as part of its responsibility under Section 78A-2-405 to govern the manner in which the courts maintain the verbatim record of hearings. The Supreme Court proposes the following amendments to the Rules of Civil and Appellate Procedure governing the preparation of transcripts.
CJA 04-201. Record of proceedings. Amend. Eliminate requirements and standards for recording a court hearing by an official court reporter. Rely exclusively on audio video records.
CJA 03-305. Official court transcribers. Renumber and amend. Eliminate provisions for assignment of transcript preparation. Renumber as 5-202.
CJA 03-304. Official court reporters. Renumber and amend. Eliminate provisions regulating the office of official court reporter. Retain transcript format. Renumber as 5-203.
CJA 03-304.01. Substitute certified shorthand reporters. Repeal. Eliminate provisions for a substitute shorthand reporter.
URAP 11. The record on appeal. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court executive.
URAP 12. Transmission of the record. Amend. Shifts responsibilities from the official court reporter to a court transcriber.
URAP 54. Transcript of proceedings. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court clerk.
URCP 052. Findings by the court; correction of the record. Amend. Establishes a procedure for correcting the record of a hearing.

Posted: February 23, 2009

Code of Judicial Administration

CJA 03-102. Assumption of judicial office. Amend. Make applicable to judges of courts of record and not of record.
CJA 03-306. Court Interpreters. Repeal and Reenact. Clarifies the standards for appointing a certified, approved or conditionally approved interpreter. Improves the initial training requirements. Adds Guardianship and Conservatorship appointments to cases requiring a certified interpreter. Identifies the discipline process. Simplifies translation of forms. Permits hiring an interpreter as an employee.
CJA 04-801. Filing of small claims cases. Amend. Provide that the district court redirect small claims plaintiffs to justice court.

Posted: February 23, 2009

Rules Governing the Utah State Bar

USB 14-0510. Prosecution and appeals. Amend. The proposed amendments provide a right of appeal from an informal disciplinary proceeding, specify the rights of the complainant and respondent at the screening panel proceeding, and detail the exceptions and appeal procedures.

Posted: February 23, 2009

Rules of Evidence

URE 0701. Opinion testimony by lay witnesses. Amend. Adds to the required grounds for opinion testimony by a lay witness that the opinion is not based on specialized knowledge within the scope of Rule 702.
URE 0703 Bases of opinion testimony by experts. Amend. Prohibits inadmissible data used to form an expert opinion from being disclosed to the jury unless the probative value substantially outweighs the prejudicial effect.

Posted: February 23, 2009

Rules of Civil Procedure

URCP 076. Notice of contact information change. New. Requires attorneys and parties to inform the court of changes to contact information.

Posted: January 7, 2009

Rules Governing the Utah State Bar

Petition. Petition to shorten voting period for commission elections from 30 to 15 days.
USB 14-0205. Board. Exhibit A.
USB 14-0206. Officers. Exhibit B.

Posted: January 5, 2009

Rules Governing the Utah State Bar

Petition. Petition to modify rules governing mandatory continuing legal education. To adjust the MCLE compliance periods to conform to the Utah State Bar’s licensing renewal periods.
USB 14-0404. Active status lawyers: MCLE, NLTP and admission on motion requirements. Amend. Approved effective January 1, 2009 as an expedited amendment under Rule 11-101(6)(F). Subject to change after the comment period.
USB 14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. Amend. Approved effective January 1, 2009 as an expedited amendment under Rule 11-101(6)(F). Subject to change after the comment period.
Supreme Court Order

Posted: January 5, 2009

Rules Governing the Utah State Bar

Petition. Petition to modify bar rules relating to the offices of president and president-elect. Standardize the requirements for a Commissioner to vacate his or her unexpired term when succeeding to the office of President. Provide for the event that the Commission is unable to nominate two candidates for the office of President-elect to run in a contested election.
USB 14-0103. Organization and management of the Bar. Amend. Exhibit 1.
USB 14-0205. Board. Amend. Exhibit 2.
Exhibit 3.
Exhibit 4.
Exhibit 5.
USB 14-0206. Officers. Amend. Exhibit 6.

Posted: January 5, 2009

Rules of Civil Procedure

URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner’s order. Amend. Move process for objecting to a commissioner’s recommendation from Rule 7 to Rule 101.
URCP 101. Motion practice before court commissioners. Amend. Move process for objecting to a commissioner’s recommendation from Rule 7 to Rule 101.