Utah Court Rules – Published for Comment
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Posted: September 3, 2004
URJP 53. Appearance and withdrawal of counsel. Amend. Requires written motion for substitution of counsel at least ten days prior to the next scheduled hearing.
Posted: September 3, 2004
URCrP 07. Proceedings before magistrate. Amend. Conforms the rule to the statute which allows justice court judges to make probable cause determinations in first degree felonies. Also eliminates the requirement of a written bindover order.
URCrP 11. Pleas. Amend. States that compliance with the rule will be determined by reviewing the entire record and variances which do not affect substantial rights will be disregarded.
URCrP 12. Motions. Amend. Clarifies that motions for a reduction may be filed any time after sentencing.
Posted: September 3, 2004
URCP 051. Instructions to jury; objections. Amend. Permits the judge discretion to repeat earlier instructions as necessary.
URCP 073. Attorney fees. Amend. Requires a statement that attorney will not split fees in violation of Code of Professional Responsibility.
Posted: September 3, 2004
URAP 29. Oral argument. Amend. Limits the appellant’s reply argument to points made in the appellee’s argument.
URAP 48. Time for petitioning. Amend. Changes to 7 the number of copies to be filed on a petition for writ of certiorari.
URAP 50. Brief in opposition; reply brief; brief of amicus curiae. Amend. Changes to 7 the number of copies to be filed on a brief in opposition, reply brief and brief of amicus curiae.
Posted: September 3, 2004
CJA 01-205. Standing and ad hoc committees. Amend. Establishes the Committee on Self-represented Parties.
CJA 03-111.03. Standards of judicial performance Amend. Eliminates possibility of lawyer with trial experience being removed from respondent pool due to too few total appearances.
CJA 03-115.Committee on self-represented parties. New. Identifies the responsibilities of the committee.
CJA 03-408.Inventory. Amend. Changes minimum value for mandatory inventory control from $500 to $1,000.
CJA 03-411. Grant management. Amend. Adds approval by the legislature for large federal grants.
CJA 03-413. Judicial library resources. Amend. Eliminate mandatory subscription to Utah Advance Reports, an equivalent email notification service being offered by the Supreme Court and Court of Appeals.
CJA 09-105. Justice Court hours Amend. Establishes 5-day operation as the standard for justice courts. Permits waiver by the Judicial Council
CJA 10-1-203. Designation of video arraignment areas as courtroom. Amend. Update references to video arraignment courtrooms in Second District Court.
Posted: June 22, 2004
CJA 09-107. Justice Court Technology, Security, and Training Account. New. Establishes the process for allocation of funds from the Justice Court Technology, Security, and Training restricted account. Effective 24-May-04 under Rule 2-205 but subject to further amendment after comment period.
Posted: May 21, 2004
URCP 62. Stay of proceedings to enforce a judgment. Amend. Strikes from the rule the amendments made by HJR 16. Effective May 12, 2004 under Rule 11-101(6)(F). Subject to further change after comment period.
Posted: April 28, 2004
CJA 3-403. Judicial branch education. Amend. Eliminates mandatory attendance at annual judicial conference.
CJA 9-103. Certification of education requirements. Amend. Amend to conform to statutes.
CJA 11-303. Special admission exception for military lawyers. New. Permits qualified military lawyers on active duty who reside, but are not licensed in Utah, to provide uncompensated limited legal services to military personnel and their dependents who suffer substantial financial hardship. Effective May 4, 2004 under Rule 11-101(6)(F). Subject to further change after comment period.
Posted: March 25, 2004
URCrP 12. Motions. Amend. Describes the process for motions to suppress, including the contents of the motion and whether a written response is required.
URCrP 21A. Presentence investigation reports; Restitution. Renumber from URCrP 21.5 and amend. Changes designation of PSI report from “controlled” to “protected” to conform with statute.
URCrP 27. Stays pending appeal . Amend. Requires a party to serve the Attorney General when seeking a certificate of probable cause from appellate court in a felony case.
URCrP 38. Justice court appeals. Repeal and reenact. Repeals the existing rule and creates a different process for trial de novo. The most significant feature is that a justice court conviction will be automatically vacated upon the filing of a notice of appeal.