Posted: February 10, 2006
Rules of Evidence
URE 416. Violation of traffic code not admissible. New. Limits admissibility of violation of some traffic code provisions. Effective March 1, 2006. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after comment period.
Supreme Court Order.
Posted: October 6, 2005
Rules of Civil Procedure
URCP 004. Process. Amend. In conjunction with repealing Rule 71B, permit case to proceed against parties who are served.
URCP 006. Time Amend. Permit 3 additional days in which to respond if notice is served by mail, fax, or electronic service.
URCP 062. Stay of proceedings to enforce a judgment. Amend. Establishes an automatic 10-day stay on enforcing a judgment.
URCP 064C. Writ of attachment. Amend. Permits a writ of attachment when the writ is authorized by statute.
URCP 068. Offer of judgment. Amend. Changes name of rule to “Settlement offers.” Makes results of failure to improve bi-directional.
URCP 071A. Process in behalf of and against persons not parties. Renumber and Amend. In conjunction with repealing Rule 71B, renumber Rule 71A as Rule 71. Gender neutral text.
URCP 071B. Proceedings where parties not summoned. Repeal. Rule is contrary to due process.
Posted: October 6, 2005
Rules of Appellate Procedure
URAP 24. Briefs. Amend. The proposed amendment creates word and line limitations, in addition to a page limitation. Under the proposal, the principal brief would be either 30 pages, 14,000 words, or 1,300 lines of monospaced typeface. Another proposed amendment clarifies the process for seeking permission to file an over-length brief.
Posted: October 6, 2005
Code of Judicial Administration
CJA 03-414. Court security. Amend. Correct statutory references.
CJA 04-202.08. Fees for records, information, and services. Amend. Establishes the fee for delivery of documents by outgoing fax.
CJA 07-301. Intake. Amend. Delete erroneous reference to non-judicial adjustment as including a surcharge.
CJA 11-302. Admission pro hac vice. Amend. Exempts from the fee for admission pro hac vice attorneys representing the U.S. government and those representing indigent defendants on a pro bono basis.
CJA 11-304. Pro bono admission for law school faculty lawyers. New. Permits law school faculty member to perform pro bono legal services within this state. Establishes qualifications and procedures.
Posted: September 29, 2005
Code of Judicial Administration
CJA 09-107. Justice court technology, security, and training account. Amend. Changes timing of grant applications to fit the fiscal year rather than the calendar year. Effective September 6, 2005. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Posted: June 15, 2005
Rules of Small Claims Procedure
URSCP 13. Representation. New. Describes those who may represent a party in a small claims case. Effective June 7, 2005 Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Posted: May 3, 2005
Utah Rules of Evidence
URE 702. Testimony by experts. Repeal and Reenact. Adopts for Utah the federal rule of evidence governing testimony by expert witnesses.
Posted: April 5, 2005
Rules of Professional Conduct
The Ethics 2000 Commission was created by the American Bar Association to review and amend the Model Rules of Professional Conduct. The Ethics 2000 Commission ‘s revisions to the ABA Model Rules were completed in August 2003. The Utah Supreme Court requested its Advisory Committee on the Rules of Professional Conduct to consider the Ethics 2000 revisions and recommend which amendments, if any, should be made to the Utah Rules of Professional Conduct. The rules listed below include the Ethics 2000 revisions to the Utah Rules of Professional Conduct recommended by the court’s advisory committee. The Ethics 2000 revisions to the ABA Model Rules and explanations regarding the changes can be found at www.abanet.org/cpr/ethics2k.html.
Rules of Professional Conduct – All
RPC 00.00. Preamble: A Lawyer’s Responsibilities. Amend.
RPC 01.00. Terminology. Amend.
RPC 01.01. Competence. Amend.
RPC 01.02. Scope of Representation and Allocation of Authority Between Client and Lawyer. Amend.
RPC 01.03. Diligence. Amend.
RPC 01.04. Communication. Amend.
RPC 01.05. Fees. Amend.
RPC 01.06. Confidentiality of Information Amend.
RPC 01.07. Conflict of Interest: Current Clients. Amend.
RPC 01.08. Conflict of Interest: Current Clients: Specific Rules. Amend.
RPC 01.09. Duties to Former Clients Amend.
RPC 01.10. Imputation of Conflicts of Interest: General Rule. Amend.
RPC 01.11. Special Conflicts of Interest for Former and Current Government Employees. Amend.
RPC 01.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral. Amend.
RPC 01.13. Organization as a Client. Amend.
RPC 01.14. Client with Diminished Capacity. Amend.
RPC 01.15. Safekeeping Property. Amend.
RPC 01.17. Sale of Law Practice. Amend.
RPC 01.18. Duties to Prospective Client. New.
RPC 02.01. Advisor. Amend.
RPC 02.02. Intermediary. Repealed.
RPC 02.03. Evaluation for Use by Third Persons. Amend.
RPC 02.04. Lawyer Serving as Third-Party Neutral. New.
RPC 03.01. Meritorious Claims and Contentions. Amend.
RPC 03.02. Expediting Litigation. Amend.
RPC 03.03. Candor Toward the Tribunal. Amend.
RPC 03.04. Fairness to Opposing Party and Counsel. Amend.
RPC 03.05. Impartiality and Decorum of the Tribunal. Amend.
RPC 03.06. Trial Publicity. Amend.
RPC 03.07. Lawyer as Witness. Amend.
RPC 03.08. Special Responsibilities of a Prosecutor. Amend.
RPC 03.09. Advocate in Nonadjudicative Proceedings. Amend.
RPC 04.01. Truthfulness in Statements to Others. Amend.
RPC 04.02. Communication with Persons Represented by Counsel. Amend.
RPC 04.03. Dealing with Unrepresented Person. Amend.
RPC 04.04. Respect for Rights of Third Persons. Amend.
RPC 05.01. Responsibilities of Partners, Managers, and Supervisory Lawyers. Amend.
RPC 05.02. Responsibilities of a Subordinate Lawyer. Amend.
RPC 05.03. Responsibilities Regarding Nonlawyer Assistants. Amend.
RPC 05.04. Professional Independence of a Lawyer. Amend.
RPC 05.05. Unauthorized Practice of Law; Multijurisdictional Practice of Law. Repeal & Reenact.
RPC 05.06. Restrictions on Right to Practice. Amend.
RPC 05.07. Responsibilities Regarding Law-Related Services. New.
RPC 06.01. Voluntary Pro Bono Legal Service. Amend.
RPC 06.02. Accepting Appointments. Amend.
RPC 06.03. Membership in Legal Services Organization. Amend.
RPC 06.04. Law Reform Activities Affecting Client Interests. Amend.
RPC 06.05. Nonprofit and Court-Annexed Limited Legal Services Programs. New.
RPC 07.01. Communications Concerning a Lawyer’s Services. Amend.
RPC 07.02. Advertising. Amend.
RPC 07.03. Direct Contact with Prospective Clients. Amend.
RPC 07.04. Communication of Fields of Practice. Amend.
RPC 07.05. Firm Names and Letterheads. Amend.
RPC 08.01. Bar Admission and Disciplinary Matters. Amend.
RPC 08.02. Judicial Officials. Amend.
RPC 08.03. Reporting Professional Misconduct. Amend.
RPC 08.04. Misconduct. Amend.
RPC 08.05. Disciplinary Authority; Choice of Law. Repeal & Reenact.