Code of Judicial Administration
CJA 03-202. Court Referees. Amend. Permits court to hire full or part time referee by contract.
Month: August 2004
Posted: August 27, 2004
Posted: August 27, 2004
Utah Rules of Appellate Procedure
URAP 01. Scope of rules. Amend. Recognizes the new rules governing appeals in child welfare cases.
URAP 02. Suspension of rules. Amend. Adds a reference to two of the new child welfare rules.
URAP 52. Child Welfare Appeals. New. A notice of appeal must be filed within 15 days from the order to be appealed. Cross-appeals must be filed within 15 days.
URAP 53. Notice of Appeal. New. Describes the contents and service requirements of the notice of appeal.
URAP 54. Transcript of Proceedings. New. Any necessary transcripts must be requested within 4 days after an appeal is filed.
URAP 55. Petition on Appeal. New. The appellant must file a petition on appeal within 15 days from the notice of appeal. The rule describes the format and contents of the petition.
URAP 56. Response to Petition on Appeal. New. A response to the petition on appeal must be filed with 15 days.
URAP 57. Record on Appeal; transmission of record. New. Establishes what is considered to be the record on appeal and when it must be transmitted.
URAP 58. Ruling. New. The court will issue a ruling based on the record on appeal, the petition, and the response, or the court can order that the case be fully briefed.
URAP 59. Extensions of time. New. The rule describes the procedure and circumstances for extensions of time to file the appeal, the petition, or the response.
Posted: August 27, 2004
Utah Rules of Small Claims Procedure
URSCP 10. Set aside of default judgments and dismissals. Amend. Reduce time to move to set aside from 30 to 15 days.
URSCP 12. Appeals. Amend. Conform time to appeal to statute (30 days).
Posted: August 27, 2004
Code of Judicial Administration
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.
Posted: August 27, 2004
Utah Rules of Civil Procedure
URCP 62. Stay of proceedings to enforce a judgment. Amend. Strikes from the rule the amendments made by HJR 16.
Posted: August 27, 2004
Standards of Professionalism and Civility.
Supreme Court Rules of Professional Practice Chapter 23. Standards of Professionalism and Civility. New. Establishes standards of professionalism and civility.
Posted: August 27, 2004
Utah Rules of Juvenile Procedure
URJP 44. Findings and conclusions. Amend. Clarifies requirement to review proposed order prior to signing.
URJP 45. Pre disposition reports and social studies. Amend. Identifies the official responsible for delivery of the pre-disposition report.
URJP 46. Disposition hearing. Amend. Clarifies requirement to prepare proposed order and review it prior to signing.
URJP 53. Appearance and withdrawal of counsel. Amend. Modifies certification of counsel for withdrawal after final order.
Posted: August 27, 2004
Utah Rules of Evidence
URE 608. Evidence of character and conduct of witness. Amend. Changes rule to be consistent with changes to the Federal Rule.
URE 803. Hearsay exceptions; availability of declarant immaterial. Amend. Transfers Rule 803(24) and Rule 804(b)(5) to a new Rule 807 to reflect changes to the Federal Rules of Evidence.
URE 804. Hearsay exceptions; declarant unavailable. Amend. Transfers Rule 803(24) and Rule 804(b)(5) to a new Rule 807 to reflect changes to the Federal Rules of Evidence.
URE 807. Other Exceptions. Amend. Transfers Rule 803(24) and Rule 804(b)(5) to a new Rule 807 to reflect changes to the Federal Rules of Evidence.
Posted: August 27, 2004
Utah Rules of Criminal Procedure
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.
Posted: August 27, 2004
Utah Rules of Civil Procedure
URCP 45. Subpoena. Amend. Correct reference to Rule 4 regarding methods of serving subpoena.
URCP 47. Jurors. Amend. Conforms rule regulating conversing with jurors to caselaw.
URCP 56. Summary judgment. Amend. Corrects reference to URCP 7. Technical amendments.
URCP 64. Writs in general. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64A. Prejudgment writs in general. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64B. Writ of replevin. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64C. Writ of attachment. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64D. Writ of garnishment. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64E. Writ of execution. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64F. Waiver of bond or undertaking. Repeal. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 66. Receivers. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 69. Execution and proceedings supplemental thereto. Repeal. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69A. Seizure of property. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69B. Sale of property; delivery of property. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69C. Redemption of real property after sale. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.