Utah Court Rules – Published for Comment
The Supreme Court and Judicial Council invite comments about amending these rules. To view the proposed amendment, click on the rule number.
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Posted: January 28, 2020
CJC03.7. Participation in Education, Religious, Charitable, Fraternal, or Civic Organizations and Activities. Amended. Amends the Code of Judicial Conduct to permit judges to directly engage in fundraising for court projects, as long as the potential donors do not regularly appear in the court the judge serves.
Posted: January 21, 2020
CJA01-0204. Executive Committees (AMEND). The Judicial Council formalized a new executive committee, the Budget and Fiscal Management Committee. Proposed amendments add the Budget and Fiscal Management Committee to the executive committee list, and define the Committee’s duties.
CJA01-0205. Standing and Ad Hoc Committees (AMEND). The Judicial Council’s Standing Committee on the Online Court Assistance Program (OCAP) no longer exists. Proposed amendments remove the OCAP member positions from the Committee on Resources for Self-Represented Parties and the Committee on Court Forms.
CJA03-0111. Performance Evaluation of Active Senior Judges and Court Commissioners (AMEND). The reporting standards for active judges versus senior judges and commissioners were different. Utah Code 78A-2-223 sets a standard of two months for trial judges. For consistency, the proposed amendments change the standard for senior judges and commissioners from “60 days” to “two months.”
CJA03-0406. Budget and Fiscal Management (AMEND). The proposed amendments reflect the Judicial Council’s policy change regarding its budget process.
CJA04-0905. CJA 4-905. Restraint of Minors in Juvenile Court (AMEND). The proposed amendment eliminates the subsection of the referenced statute to avoid outdated citations in the future.
CJA010-1-0202. Verifying Use of Jury (AMEND). The Second District Court requested that local supplemental rule CJA 10-1-202 be repealed
because it is no longer needed. The Second District follows practices set forth in general rules observed by all other judicial districts.
CJA Appendix F. Utah State Court Records Retention Schedule. The first proposed amendment eliminates the requirement that the enhancement forms previously required under Rule 9-301 be retained permanently. Because Rule 9-301 was
repealed, those records should now be destroyed at the same time as the file to which the record pertains. Eliminating the specific reference in the schedule will default to that result.
The second proposed amendment changes the retention for domestic violence cases to ten years to reflect the change in statute that makes those offenses enhanceable for ten years.
Posted: December 27, 2019
URCP086. Licensed paralegal practitioners. AMEND. The approved amendments remove the requirement to serve papers on both the party and the licensed paralegal practitioner, and instead require a licensed paralegal practitioner who has entered a general appearance to inform their client of any papers filed, regardless of whether the paper falls within the scope of the licensed paralegal practitioner’s representation.
Posted: December 26, 2019
CJA04-0403. Electronic Signature and Signature Stamp Use. Amended. In conjunction with new URCP 109, authorizes automatically affixing electronic judicial signatures on certain standardized domestic relations injunctions.
CJA04-0503. Mandatory Electronic Filing. Amended. Requires Licensed Paralegal Practitioners to file documents electronically.
Posted: December 20, 2019
CJC02.11. Disqualification. Amend. The amendments will clarify that a judge is disqualified from a case in which a lawyer in the proceeding supervises or is supervised by a judge’s family member, but the disqualification requirement is eliminated if the employing entity removes the family member from the lawyer’s line of supervision.
Posted: December 20, 2019
URCrP008. Appointment of Counsel. Amend. The amendments will change the requirements for capital case qualification, requiring experience to be as defense counsel and requiring education to be in-person training.
Posted: December 19, 2019
URAP021. Filing and Service. Amend. The proposed amendments to Rules 21 and 26 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email). Rule 21 amendments would allow parties to file and serve papers by email, with different requirements for briefs and papers other than briefs. Paragraph (f) directs the parties on electronic signatures. The amendments in proposed paragraph (b) incorporate the Standing Order’s timing for paying fees.
URAP026. Filing and Service of Briefs. Amend. The proposed amendments to Rule 26 address email service and number of paper copies required in the appellate courts.
Posted: December 9, 2019
CJA14-0721. Admission of undocumented immigrants. NEW RULE. This new rule will allow certain undocumented immigrants with deferred action status to be eligible for admission to the Utah Bar. The Utah Supreme Court has included a statement explaining the Court’s authority to create this rule.
Posted: November 20, 2019
URAP005. Discretionary appeals from interlocutory orders. Amend. The proposed amendments to Rules 5 and 10 incorporate substantial changes meant to streamline and modernize the appellate process. For example, the proposed addition of subsection (j) in Rule 5 defines the record on appeal and permits a party to submit an appendix to be filed separately with the party’s principal brief. The proposed amendments authorize citations to the record, to an appendix, or both.
URAP010. Procedures for summary disposition or simplified appeal process. Amend. The proposed amendments to Rule 10 allow specific classes of appeals to be designated for expedited review. The proposed amendments also narrow the grounds for parties to seek summary disposition by limiting such motions to jurisdictional objections. The Court retains its right to summarily dismiss, affirm, or reverse a case on its own initiative.
Posted: November 20, 2019
URCrP009. Proceedings for persons arrested without a warrant on suspicion of a crime. The approved amendments modify the times within which a defendant must appear in court after a warrantless arrest when the defendant has been unable to meet the release conditions set by the magistrate.
URCrP009A. Procedures for persons arrested pursuant to warrant. The approved amendments modify the times within which a defendant must appear in court when the defendant has been arrested pursuant to a warrant and has been unable to meet the release conditions set by the court.