Posted: November 21, 2022
Code of Judicial Administration – Effective May 1, 2023
Appendix B. Justice Court Standards for Recertification (AMEND). Code of Judicial Administration Rule 9-108 requires that justice court standards be reviewed and updated every two years. The amendments streamline the appendix, provide clarity, and incorporate recent statutory amendments.
CJA01-0204. Judicial Council Membership – Election (AMEND)
CJA01-0302. Board of Judges – Membership – Officers – Secretariat (AMEND)
Clarifies that Council members may serve as non-voting members of a trial court board and continues to allow an exception for the appellate courts. Reflects the Judicial Council’s membership exception for the Standing Committee on Judicial Fairness and Accountability set forth in rule 1-205(1)(C).
CJA04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case (AMEND). Clarifies that requesters denied access to non-public court records associated with a case that they are not authorized to access under rule 4-202.03 must file a motion or petition to access the record.
Posted: November 21, 2022
Code of Judicial Administration – Effective January 1, 2023
CJA01-0204. Executive committees (AMEND). Creates court-level core teams and subcommittees of Policy, Planning, and Technology to assist the Committee in accomplishing its new technology responsibilities.
CJA04-0202.08. Fees for records, information, and services (AMEND). Allows the court to charge requesters for the first 15 minutes of personnel time. Changes “impecunious” to “indigent.” Indigent requesters are limited to one free copy of each record, after which they would be required to pay the standard rates. Exceptions can be made by the State Court Administrator. Removes references to outdated technology.
Posted: November 21, 2022
Code of Judicial Administration – Effective November 21, 2022
CJA04-0202.02. Records classification (AMEND). Records previously designated as sealed by another court remain sealed in the record on appeal. Records may be unsealed by court order.
Posted: November 1, 2022
Rules of Civil Procedure – Effective November 1, 2022
URCP004. Process. Amend. A community member recognized the slight difference in the language of the rule and the language in the form summons as it relates to default judgments. Based upon the regular practice with default judgments the Committee proposed a change of the word “will” to “may” in subsection (c)(1)(E). The rule now reads a “judgment by default may be entered against the defendant.”
URCP043. Evidence. Amend. A proposal was made to change the language of the remote hearing oath outlined in subsection (c) to remove the language “issue (or matter) pending between ___ and ___” to be replaced by the word “matter.” Particularly for cases in juvenile court where the caption is “State of Utah in the interest of …” the language in the oath is more encompassing if read “evidence you shall give in this matter” when administering the oath.
URCP076. Notice of contact information change. Amend. After review of the rule and publishing for comment twice, the amendments include what information must be provided when contact information changes and to whom notice should be sent.
Posted: October 31, 2022
Supreme Court Rules of Professional Practice – Effective November 1, 2022
CJA11-0581. Sanctions. The amendments clarify that if a lawyer is placed on probation the status of probation is public, but the terms of their probation may be private.
CJA11-0582. Factors to be considered in imposing sanctions. The amendments to Rule 11-582: (1) requires the factfinder to consider the presumptive sanctions set forth in the rules, along with any mitigating and aggravating factors; and (2) adds a section to provide guidance when multiple instances of misconduct are found.
CJA11-0583. Imposition of sanctions. The amendment to Rule 11-583 repeals existing rule 11-583 addressing appropriate sanctions and replaces it with four new rules (rules 11-583 through 11-586) that set forth presumptive sanctions based on the nature of the duty violated.
CJA11-0584. Presumptive sanctions for violating duties owed to the public. The new rule provides presumptive sanctions to be imposed upon finding that the lawyer failed to maintain personal integrity, generally, by committing a criminal act. Additionally, this new rule provides presumptive sanctions for violations of Rule 3.8, Special responsibilities of a prosecutor.
CJA11-0585. Presumptive sanctions for violating duties owed to the legal system. The new rule provides presumptive sanctions to be imposed upon finding that the lawyer has engaged in conduct prejudicial to the administration of justice. This rule relates to deceit, fraud, misrepresentation, improper communication with individuals in the legal system, and abuse of the legal process.
CJA11-0586. Presumptive sanctions for violating duties owed as a member of the legal profession. The new rule provides presumptive sanctions to be imposed upon finding that the lawyer has engaged in conduct involving misleading communications about a lawyer or a lawyer’s services, unreasonable or improper fees, unauthorized practice of law, failure to report professional misconduct, and failure to respond to a lawful request from disciplinary authority.
Supreme Court Order for Rules 11-581 and 11-582
Posted: October 13, 2022
Rules of Juvenile Procedure – Effective October 12, 2022
URJP025A. Withdrawal of plea. Amends. Removes subsections (a) and (b)(1) because they are substantive rules that are provided for in Utah Code section 80-6-306. Amends subsection (b)(2) to mirror Utah Code section 80-6-306, and removes the heading number (b)(2). Effective October 12, 2022.
Posted: October 13, 2022
Rules of Criminal Procedure – Effective October 12, 2022
URCrP016. Discovery. AMEND. Rule 16 is amended to incorporate an updated reference to Rule 26(b)(6) of the Rules of Civil Procedure, which was modified and became effective May 4th, 2022.
Posted: October 11, 2022
Rules of Evidence – Effective November 1, 2022
URE0412. Admissibility of Victim’s Sexual Behavior or Predisposition. AMEND. Rule 412 is amended to clarify that the Rule is applicable to juvenile delinquency proceedings as well as criminal proceedings.
URE0504. Legal Professional – Client. AMEND. Rule 504 is amended to expand the lawyer-client privilege to cover not only confidential client communications with lawyers, but also other legal professionals including licensed paralegal practitioners.
Posted: October 3, 2022
Rules of Appellate Procedure – Effective November 1, 2022
URAP008. Stay or injunction pending appeal.
URAP017. Stay pending review.
URAP023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim.
URAP029. Oral argument.
URAP037. Suggestion of mootness; voluntary dismissal.
The listed rules were amended to (1) add “or declaration” any time affidavit is mentioned; (2) add an Advisory Committee Note explaining that the term “declaration” refers to the unsworn declaration described in Title 78b, Chapter 18a, Uniform Unsworn Declarations Act; (3) move the reference to the statute in Rule 37 to an Advisory Committee Note so the rules will be consistent; and (4) remove language in Rules 8 and 17 regarding other sworn statements.