Author: Utah Courts

Mandatory Continuing Legal Education Rule Changes – Comment Period Closed October 20, 2025

USB011-613. CLE Accreditation for qualified audio and video presentations, webcasts, computer interactive programs, writing, lecturing, teaching, public service, and verified attendance. AMEND. The proposed change to the MCLE Rule 11-613 would allow lawyers and Licensed Paralegal Practitioners to receive one hour of elective CLE credit for every 1,000 words up to a maximum of three elective CLE credit hours per compliance cycle.

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Rules of Professional Conduct – Comment Period Closed October 17, 2025

A new rule 5.8 is proposed that outlines requirements for fee sharing between lawyers. Along with this new rule, amendments are proposed to rule 1.0 to include definitions for fee sharing, legal fees, referral fees, and new comments for legal fees and referral fees. Furthermore, amendments are proposed to rules 1.5 and 5.4 to include language regarding fee sharing and referral fees.

RPC01.0. Terminology. AMEND.
RPC01.5. Fees. AMEND.
RPC05.4. Professional independence of a lawyer. AMEND.
RPC05.8. Fee sharing between lawyers. NEW.

 

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Rules of Appellate Procedure – Comment Period Closed October 6, 2025

URAP011. The record on appeal. Amend. The Committee proposes amending Rule 11 to remove paragraphs (d) and (e). Parties do not use paragraph (d) and paragraph (e) creates a difficult procedure with a short deadline for appellees served with an appellant’s prepared statement or recollection.

URAP038A. Withdrawal of counsel. Amend. The Committee proposes amending Rule 38A to: 1) add that an attorney may not withdraw from a case if there is a motion pending in the appellate court; and 2) clean up language for clarity and consistency.

URAP55A. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. New. The Committee proposes the creation of Rule 55A to add a procedure for filing a motion to remand for ineffective assistance of counsel claims in child welfare cases.

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Rules of Juvenile Procedure – Comment Period Closed October 6, 2025

URJP015. Preliminary inquiry; informal adjustment without petition. Amend. The proposed change to Rule 15(d) is in response to Senate Bill 157 (2025), which amended Utah Code section 80-6-304 to require probation officers to inform minors of their right to consult counsel and how to access counsel before declining a nonjudicial adjustment.

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Code of Judicial Administration – Comment Period Closed September 5, 2025

CJA03-407. Accounting (AMEND)
The Board of Justice Court Judges voted to adopt the Court’s Accounting Manual as the standard for all justice courts. The proposed amendments: 1) broaden the scope of the manual to include justice courts; 2) add two members of the Justice Court Education Committee to the Accounting Manual Review Committee; and 3) make non-substantive formatting changes.

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Rules of Juvenile Procedure – Comment Period Closed August 25, 2025

URJP034. Pre-trial hearing in non-delinquency cases. Amend. In response to In re J.M., 2024 UT App 147, the proposed amendments to Rule 34 include: (1) stylistic and grammatical changes that aim to provide clarity; (2) in paragraph (c), articulation of the court’s process in informing respondents of their rights and potential consequences upon adjudication of the petition; (3) a proposal to remove the language in (d)–this language is contained in Rule 19–and replace it with the capture of a respondent’s answer in open court; (4) in paragraph (e), when a respondent declines to admit or deny the allegations, the respondent can proceed with an “uncontested answer;” (5) paragraph (f) directs the court to find that admissions or uncontested answers and waiver of rights are knowing and voluntary; (6) and in paragraph (g), provide a mechanism to respondents seeking relief from admissions or uncontested answers.

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Code of Judicial Administration – Comment Period Closed August 7, 2025

CJA03-201.Court commissioners (AMEND)
The proposed amendments delegate the authority to approve court commissioner selections to the Management Committee.

CJA03-413.Judicial library resources (AMEND)
The proposed amendments modify which print publications are provided to each district and juvenile courtroom. The amendments are necessary due to significant price increases for print publications and the discontinuation of statewide bulk ordering by Legislative Services.

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Rules of Appellate Procedure – Comment Period Closed July 17, 2025

URAP003. Appeal as of right: how taken. The Committee proposes amending Rule 3 to remove language that may cause parties to limit the issues on appeal inadvertently.

URAP029. Oral Argument. The Committee proposes amending Rule 29 to: 1) add a procedure for parties to request to appear remotely in the Supreme Court; 2) add a procedure for parties to request to appear remotely in the Court of Appeals; 3) change the time to file a motion to continue oral argument from 14 days to 7 days; and 4) clean up language and format for clarity and consistency.

 

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