February 2004 – Utah Court Rules

Posted: February 22, 2004

Rules of Appellate Procedure

URAP 5. Discretionary appeals from interlocutory orders. Require petition for review of interlocutory order be filed before court will consider request for stay.
URAP 8. Stay or injunction pending appeal. Modify procedural requirements for requesting a stay pending appeal.
URAP 10. Motion for summary disposition. Technical amendments.
URAP 22. Computation and enlargement of time. Technical amendments.
URAP 25. Brief of an amicus curiae or guardian ad litem. Provide to the court more direct control over whether to permit an amicus brief.
URAP 27. Form of briefs. Require notice of incarceration and Anders brief.
URAP 35. Petition for rehearing. Prohibit petition for rehearing by amicus.
URAP 38B. Qualifications for Appointed Appellate Counsel. Establish minimum qualifications for appointed counsel in appellate cases.

Posted: February 18, 2004

Rules of Civil Procedure

URCP 4. Process. Dispense with requirement that order allowing service by publication be published.
URCP 6. Time. Technical changes to conform with Rule 7.
URCP 7. Pleadings allowed, motions, memoranda, hearings, orders, objection to commissioner?s order. Removes motions to court commissioners from the scope of the rule. Establishes the maximum length of memoranda at 10 pages without leave of the court.
URCP 24. Intervention. Provides for notice to the attorney general, county attorney or municipal attorney when claiming that a statute or ordinance is unconstitutional.
URCP 62. Stay of proceedings to enforce a judgment. Clarify finality rule. This version does NOT contain the legislative amendments of HJR 16. See entry for 2004-03-02.
URCP 64D. Garnishment. Conform to statutory changes assigning collection responsibility to the Department of Workforce services.
URCP 68. Offer of judgment. Repeal and reenact. Limit liability of offeror for costs and attorney fees incurred by offeree after an offer. Establishes offeree?s responsibility for offeror?s costs.
URCP 74. Withdrawal of counsel. Replaces 4-506. Modifies content of notice/request to withdraw.
URCP 101. Domestic pretrial conferences and orders. Repeal.
URCP 106. Modification of divorce decrees. Replaces CJA 6-404. Requires petition, served as an initial complaint, to initiate action to modify divorce decree.

Posted: February 18, 2004

Rules of Criminal Procedure

URCrP 7. Proceedings before magistrate. Incorporate provisions from Code of Judicial Administration governing detention.
URCrP 38. Trials de novo of justice court proceedings. Replaces CJA 4-608. Regulates procedures for trial de novo.

Posted: February 18, 2004

Rules of Small Claims Procedure

URSCP 1. General provisions. Permit sanctions.
URSCP 2. Beginning the case. Technical amendments.
URSCP 3. Service of the affidavit. Adopt a general service and filing requirement.
URSCP 4. Counter affidavit. Conform small claims counter affidavit rule to permissive counter affidavit statute. Effect is that counter affidavits of more than the jurisdictional amount have to be filed as claims in the regular civil docket of the district court.
URSCP 6. Pretrial. Technical amendments.
URSCP 7. Trial. Technical amendments.
URSCP 8. Dismissal. Establishes presumption that dismissal is without prejudice to conform to civil rules.
URSCP 9. Default judgment. Technical amendments.
URSCP 10. Set aside of default judgments and dismissals. Incorporate provisions from Code of Judicial Administration governing small claims cases.
URSCP 11. Collection of judgments. Establishes procedure whereby debtor request satisfaction of judgment be entered.
URSCP 12. Appeals. Incorporate provisions from Code of Judicial Administration governing small claims cases.

Posted: February 18, 2004

Code of Judicial Administration

CJA 4-202.08. Fees for records, information, and services. Changes fee for on-line search from per minute to per search basis.
CJA 4-611. Probable cause determinations for purposes of detention. Repeal. Procedure governed by URCrP 7.
CJA 4-801. Transfer of small claims cases. Conform to small claims amendments.
CJA 4-802. Motion to reinstate small claims proceedings. Repeal. Procedures governed by Small Claims Rule 10.
CJA 4-803. Trials de novo in small claims cases. Repeal. Procedures governed by Small Claims Rule 12.
CJA 11-101. Supreme Court’s rulemaking process. Include rules regulating the Utah State Bar in the Supreme Court?s rule making process. Adopts notice of comment period by email.
CJA 11-203. Senior justice court judges. Repeal and reenact. Adopt for senior justice court judges the similar qualifications and procedures as for senior judges of the courts of record.

Posted: February 17, 2004

Rules of Civil Procedure

URCP 62. HJR 16 amends URCP 62, establishing the maximum allowable security to stay a judgment during appeal.

Posted: February 17, 2004

Rules governing admissions

Rule 1. Definitions. Clarifies definition of “Approved Law School”.

Posted: February 17, 2004

Rules governing admissions

Rule 5-4. Admission on motion. Changes MCLE requirement from 27 to 24 hours.

Posted: February 17, 2004

Rules governing MCLE

MCLE Rule 3. Establishes requirements and procedures for new members and members admitted by motion.
MCLE Regulation 3-104. Establishes requirements and procedures for active emeritus members.
MCLE Rule 4. Changes one hour of education from 50 to 60 minutes.
MCLE Regulation 4d-101. Changes one hour of education from 50 to 60 minutes.

Posted: February 17, 2004

Code of Judicial Administration

CJA 03-202. Court Referees. Amend. Permits court to hire full or part time referee by contract. Effective December 15, 2003 under Rule 2-205. Subject to change after comment period.