Utah Courts – Page 39 – Utah Court Rules

Posted: October 26, 2011

Rules of Evidence

Utah Rules of Evidence Style Revision Project. Consistent with the restyling of the Federal Rules of Evidence, the language of these rules has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.
Comments are due November 16, 2011. The supreme court has approved an abbreviated comment period so that if the amendments ultimately are approved, they can be effective December 1, the same day as their federal counterparts.

Posted: October 26, 2011

Rules of Appellate Procedure

URAP 004. Appeal as of right: when taken. Amend. The amendment deletes the paragraph on notices of appeal filed by inmates, which provision is moved to Rule 21. The amendment also clarifies the time for filing a cross-appeal. The time begins from the date that the notice of appeal is docketed, rather than filed.
URAP 021. Filing and service. Amend. The amendment includes the provisions on filing notices of appeal by inmates. The amendments also clarify where filings are to be made and when filing is deemed accomplished.

Posted: October 26, 2011

Code of Judicial Administration

CJA 03-0101. Judicial performance standards. New. Establishes standards of performance for minimum education and cases under advisement for application by the Judicial Performance Evaluation Commission. Effective October 24, 2011 under Rule 2-205. Subject to change after the comment period.
CJA 04-0704. Authority of court clerks to extend payment schedule and dismiss citations. Amend. Allows clerks to dismiss citations as permitted in the Uniform Fine/Bail Schedule.
CJA 04-0907. Mandatory divorce education. Amend. Simplifies policy on access to divorce orientation courses and divorce education courses.

Posted: October 9, 2011

Rules of Civil Procedure

URCP 026.02 Disclosures in personal injury actions. New. Described special disclosures in personal injury actions.
URCP 083. Vexatious litigants. New. Establishes the standards and procedures for declaring a person to be a vexatious litigant. Establishes management of cases involving vexatious litigants.

Posted: October 9, 2011

Code of Judicial Administration

CJA 04-0202.02. Records classification. Amend. Modifies records to be classified as sealed, private or protected. Identifies record series by casetype to be classified as sealed or private.
CJA 04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. Amend. Moves from Rule 4-202.02 to this rule descriptions of records that require judicial approval to classify as non-public.
CJA 04-0202.09. Miscellaneous. Amend. Requires a person filing a record with the court to identify the record as non-public if it qualifies as non-public.
CJA Appendix I. Summary of Classification of Court Records. New. Summarizes the classification of record series by casetype.

Posted: August 3, 2011

Rules Governing the Utah State Bar

USB 14-0704. Qualifications for admission of attorney applicants. Amend. Establishes qualification requirements for applicants from non-approved law schools. Effective July 14, 2011 under Rule 11-105(5). Subject to change after the comment period.
USB 14-0720. Qualifications for admission of house counsel applicants. Amend. Expands house counsel qualifications to include graduation from an unapproved law school that is accredited in the jurisdiction where it exists and that is the substantial equivalent of the legal education provided by an approved law school. Effective July 14, 2011 under Rule 11-105(5). Subject to change after the comment period.
Supreme Court Order
Petition to amend law student assistance rule.
USB 14-0801. Definitions. Amend. Technical amendment.
USB 14-0807. Law student assistance. Amend. Permits certain law school graduates to practice law before admission to the bar under certain circumstances.

Posted: August 3, 2011

Rules of Criminal Procedure

URCrP 004. Prosecution of public offenses. Amend. Allows prosecutors to add or change charges before trial as long as the substantial rights of the defendant are not prejudiced.

Posted: August 3, 2011

Rules of Civil Procedure

URCP 004. Process. Amend. Deletes the requirement that a summons published in a newspaper must be in an English language newspaper.
URCP 065C. Post-conviction relief. Amend. Adds appointment of pro bono counsel in accordance with Sections 78B-9-109 and -202.

Posted: August 3, 2011

Rules of Appellate Procedure

URAP 023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Repeal. The committee proposes a repeal of rule 23B. The proposal is based on recommendations from both prosecutors and defense counsel. Rule 23B proceedings require significant resources and yet very few proceedings result in a decision being reversed. Repeal of the rule will not prohibit attorneys from raising ineffective assistance claims on appeal or on collateral attack.
URAP 029. Oral argument. Amend. Permits the court to deny oral argument if the appeal is inadequately briefed. If the appeal is inadequately briefed, the court may choose to resolve the appeal on that basis and oral argument would serve no purpose.
URAP 038A. Withdrawal of counsel. Amend. Places the burden on opposing counsel to file the notice to appoint or appear when an attorney withdraws from a case. This will make the practice similar to the practice in trial courts.

Posted: August 3, 2011

Code of Judicial Administration

CJA 03-0408. Inventory. Amend. Deletes procedures that are no longer required.
CJA 07-0307. Use of money in the restitution fund. Amend. Allows the trial court executive to spend up to $250 without approval by the juvenile court administrator.