Posted: February 14, 2024
Rules of Appellate Procedure – Comment Period Closed March 30, 2024
URAP010. Procedures for summary disposition or simplified appeal process. The Committee proposes amending Rule 10 to: (1) add a provision to allow the appellate courts to dismiss an appeal for failure to prosecute if, after 150 days, the reasons the appeal was tolled under Rule 4(b) or Rule 4(c) are not resolved; and (2) clean-up for clarity and consistency.
URAP057. Record on appeal; transmission of record; supplementation of the record. The Committee proposes amending Rule 57 to modify the definition of the record on appeal for child welfare cases, and to make the rule consistent with Rule 11.
Posted: January 25, 2024
Code of Judicial Administration – Comment Period Closed March 10, 2024
CJA03-0201. Court commissioners (AMEND). Eliminates standing commissioner nominating committees. New nominating committees would be formed each time a commissioner vacancy occurs.
CJA01-0201. Judicial Council Membership – Election (AMEND). Adds a judicial member of the Business and Chancery Court to the Judicial Council.
Posted: January 25, 2024
Rules of Evidence – Comment Period Closed March 10, 2024
URE0106. Remainder of or Related Writings or Recorded Statements. Amend. The proposed amendments track recent changes to Federal Rule of Evidence 106, omitting language indicating that the statements covered by the rule are only those in “writing or recorded,” and adding a sentence affirming, “The adverse party may do so over a hearsay objection.”
Posted: January 24, 2024
Rules of Criminal Procedure – Comment Period Closed March 9, 2024
URCrP008. Appointment of Counsel. Amend. The Supreme Court’s Advisory Committee on the Rules of Criminal Procedure recently amended Rule 8 to clarify the responsibility of judges during a self-representation colloquy to waive the right to counsel. The Committee’s efforts aimed to emphasize the right to self-representation as a constitutional right directly related to the right to counsel and the right to appointed counsel for indigent defendants. Additional provisions to the Rule include amendments to the qualifications for appointment on capital cases to require that attorneys representing those defendants have sufficient criminal practice, experience, and training. The Rule is approved for a 45-day public comment period.
Posted: January 3, 2024
Rules of Appellate Procedure – Comment Period Closed February 17, 2024
URAP003. Appeal as of right – how taken.
URAP005. Discretionary appeals from interlocutory orders.
URAP014. Review of administrative orders: how obtained; intervention.
URAP019. Extraordinary relief.
URAP048. Time for petitioning.
The Committee proposes amending these rules to modify the fee provision language to direct parties to the requirements of Rule 21. Filing and service, regarding payment of filing fees. The intent is to ensure uniform requirements for payment of any filing fee under the rules. Additionally, in Rule 14, the committee proposes adding a provision for agencies to e-file the record within 21 days upon receiving a request from the appellate courts.
URAP021. Filing and service. The Committee proposes amending Rule 21 to: (1) notify parties that the appellate courts will be transitioning to an e-filing system; (2) specify the date when all licensed attorneys will be required to file using the e-filing system; (3) explain that filing fees will be required to be paid through the e-filing system when documents are e-filed; and (4) update the provisions regarding service for documents that are e-filed.
URAP026. Filing and serving briefs. The Committee proposes amending Rule 26 to: (1) update paragraph (b) Number of copies. to include a requirement for copies of briefs that are e-filed; and (2) clarify paragraph (d) Return of record to the clerk.
URAP027. Form of briefs, motions, and other documents. Rule 27 was previously published for public comment with the following proposed amendments: (1) provide more detailed guidance for preparing the caption for briefs and conform the rule to current practice; (2) remove the requirement that opposing counsel be listed on the cover, as this information will be included on a following page; and (3) clarify the requirements for captions on petitions and motions or other documents that are not a brief or petition. The Committee proposes an additional proposed amendment requiring hard copies of briefs to be submitted to the Appellate Courts using only a binder clip, rather than a velo or similar binding along the left edge.
Posted: December 20, 2023
Rules of Juvenile Procedure – Comment Period Closed February 3, 2024
URJP019C. Delinquency, traffic and adult criminal matters. Amend. The proposed amendments to Rule 19C include: (1) modifying the heading and the addition of a new paragraph (a) that provides the scope of this rule; (2) the addition of a new paragraph (f) to provide direction regarding motions on the justification of the use of force as a defense; and (3) stylistic and grammatical changes.
Posted: December 20, 2023
Code of Judicial Administration – Comment Period Closed February 3, 2024
CJA03-0108. Judicial assistance (AMEND). Authorizes the presiding officer of the Judicial Council to appoint a juvenile court presiding judge as the signing judge for automatic expungement orders in juvenile court cases within the presiding judge’s district.
CJA04-0202.02. Records classification (AMEND)
CJA04-0202.03. Records access (AMEND)
Posted: December 18, 2023
Code of Judicial Administration – Comment Period Closed February 1, 2024
CJA03-0104. Presiding judges (AMEND). The proposed amendments replace the definition of case under advisement with a reference to the criteria in CJA 3-101 and require state level administrators to report to the Management Committee if they determine a judge has willfully failed to submit a monthly case under advisement report.