The Supreme Court or Judicial Council has approved and adopted the following rules, which rules are effective on the date indicated. To view the newly adopted rules, click on any rule number.
Under circumstances described in CJA Rules 2-205 or 11-105, certain rules may have been adopted prior to a public comment period. The public is provided the opportunity to provide comment on those rules during the 45 days following the adoption of any such rule. To review and comment, click on the “LINKS” tab directly below. Then click on “Proposed Rule Amendments Published for Comment” to be taken to the page where links to rules subject to public comment are located.
Posted: January 27, 2005
URCrP 40. Remotely communicated search warrants. New. Establishes procedures for obtaining a search warrant other than personally before the magistrate. Effective May 2, 2005. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Supreme Court Order.
Posted: January 27, 2005
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.
Supreme Court Order.
Posted: January 27, 2005
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.
Supreme Court Order.
Posted: January 27, 2005
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.
Supreme Court Order.
Posted: January 27, 2005
CJA 01-205. Standing and ad hoc committees. Amend. Establishes the Committee on Resources for 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 resources for 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.
CJA 04-105. Designation of arraignment area as courtroom. New. Designate arraignment areas as courtrooms so that rules regulating procedure and decorum apply.
CJA 09-105. Justice Court hours Amend. Establishes 5-day operation as the standard for justice courts. Permits waiver by the Judicial Council.
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.
CJA 10-1-203. Designation of video arraignment areas as courtroom. Repeal. Replace Second District rule with 4-105 applicable statewide.
Judicial Council Minutes
Posted: January 25, 2005
URAP 11. The record on appeal. Amend. Technical change. Effective April 1, 2005. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period. Supreme Court Order.
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.
Supreme Court Order.
Posted: January 25, 2005
URCP 062. Stay of proceedings to enforce a judgment. Amend. Establishes guidelines for determining the amount of a supersedeas bond. Establishes a maximum supersedeas bond. Effective February 4, 2005. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Supreme Court Order.