August 2007 – Utah Court Rules

Posted: August 16, 2007

Rules of Civil Procedure

URCP 016. Pretrial conferences, scheduling, and management conferences. Amend. Coordinates sanction provisions with those in Rule 35 and Rule 37. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 023A. Derivative actions by shareholders. Renumber and amend. Renumbers the rule to conform to Supreme Court protocol. Amends the rule to more clearly delineate the content of the petition. Effective Date: November 1, 2007.
URCP 026. General provisions governing discovery. Amend. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 033. Interrogatories to parties. Amend. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 034. Production of documents and things and entry upon land for inspection and other purposes. Amend. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 035. Physical and mental examination of persons. Amend. Coordinates sanction provisions with those in Rule 16 and Rule 37. Effective Date: November 1, 2007.
URCP 037. Failure to make or cooperate in discovery; sanctions. Amend. Creates sanctions for spoliation of evidence. Coordinates sanction provisions with those in Rule 16 and Rule 35. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 045. Subpoena. Amend. Require person scheduling deposition to give advance notice before serving subpoena. Permit person serving subpoena rather than recipient to decide whether records should be copied and delivered or delivered for inspection and copying. Requires advance pa Effective Date: November 1, 2007.
URCP 101. Motion practice before court commissioners. Amend. Permit motion for default judgment to be heard by the court commissioner. Technical amendments. Effective Date: November 1, 2007.
URCP 106. Modification of divorce decrees. Amend. Expand to include modification of any final domestic relations order. Effective Date: November 1, 2007.
URCP Form40. Subpoena. Repeal & Reenact. Subpoena, Notice of Rights, Objection. Effective Date: November 1, 2007.

Supreme Court Order.

Posted: August 16, 2007

Rules of Criminal Procedure

URCrP 14. Subpoenas. Amend. Creates a new process for gaining access to records of a victim. The court must approve any subpoena or order for confidential records related to a victim. The court conducts an in camera review of the records and may place restrictions on dissemination. Effective Date: November 1, 2007.
URCrP 18. Selection of the jury. Amend. Clarifies the standard for removing a juror for cause based on the juror’s views on capital punishment. Effective Date: November 1, 2007.

Supreme Court Order.

Posted: August 16, 2007

Rules of Appellate Procedure

URAP 55. Petition on appeal. Amend. Specifically describes the format of a petition for appeal in child welfare matters. The amendments incorporate specific provisions from Rule 27. Effective Date: November 1, 2007.

Supreme Court Order.

Posted: August 16, 2007

Rules of Evidence

URE 0702. Testimony by experts. Amend. Preserves and clarifies differences between the Utah and federal approaches to expert testimony. Effective Date: November 1, 2007.

Supreme Court Order.

Posted: August 16, 2007

Code of Judicial Administration

CJA 01-304. General authority and duties. Amend. Modify the authority of the Presiding judge. Effective Date: November 1, 2007.
CJA 02-106.04. Self improvement process. Amend. Modify the authority of the Presiding judge. Effective Date: November 1, 2007.
CJA 02-204. Local supplemental rules. Amend. Modify the authority of the Presiding judge. Effective Date: November 1, 2007.
CJA 03-104. Presiding judges. Amend. Modify the authority of the Presiding judge. Effective Date: November 1, 2007.
CJA 03-301. Court administrators. Amend. Modify the authority of the Presiding judge. Effective Date: November 1, 2007.
CJA 03-304. Official court reporters. Amend. Amendments to conform with Rule 4-201. Effective Date: November 1, 2007.
CJA 03-407. Accounting. Amend. Change composition of advisory committee. Effective Date: November 1, 2007.
CJA 04-201. Record of proceedings. Amend. Distinguishes between analogue and digital record keeping systems for minimum record keeping requirements. Effective Date: November 1, 2007.
CJA 06-501. Reporting requirements for guardians and conservators. New. Adopt procedural provisions of Rule 6-503, 6-504 and 6-505. Better conform to statute. Resolve ambiguities in the statute. Establish minimum reporting requirements. Effective Date: November 1, 2007.
CJA 06-503. Annual report of guardian. Repeal. Move procedural provisions to Rule 6-501. Effective Date: November 1, 2007.
CJA 06-504. Annual accounting of conservator. Repeal. Move procedural provisions to Rule 6-501. Effective Date: November 1, 2007.
CJA 06-505. Fiduciary accountings. Repeal. Move procedural provisions to Rule 6-501. Effective Date: November 1, 2007.

CJA 11-202. Judges pro tempore. Amend. Requires 4 years minimum experience to serve as a small claims judge pro tempore. Requires initial and continuing education in small claims cases. Expands background check. Permits the Supreme Court to appoint a justice court judge or a court commissioner Effective Date: November 1, 2007.

Supreme Court Order.

Posted: August 16, 2007

Rules Governing the Utah State Bar

USB 14-0802. Authorization to practice law. Amend. Permits assistance completing court forms by a non-lawyer. Effective Date: November 1, 2007.
Supreme Court Order.
USB 14-1101. Definitions. Amend. Changes title of Article 11. Changes name of Committee to Fee Dispute Resolution Committee. Effective Date: November 1, 2007.
USB 14-1102. Purpose and composition of the committee. Amend. Modifies the committee process to alternative dispute resolution rather than arbitration exclusively. Effective Date: November 1, 2007.
USB 14-1105. Selection of the arbitration panel; additional claims. Amend. Increases the maximum amount in controversy to $3,000. Effective Date: November 1, 2007.
Supreme Court Order
USB 14-0533. Diversion. New. Establishes a procedure for diversion of complaints. Effective Date: November 1, 2007.
Supreme Court Order.

Posted: August 16, 2007

Rules Governing the Utah State Bar

Petition Petition for modification of rules and regulations governing mandatory continuing legal education for the state of Utah. Amend.
USB 14-0414 Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. Amend. Increases compliance filing fees, late fees and reinstatement fees. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period. Effective Date: September 1, 2007.
USB 14-0417 Miscellaneous fees and expenses. Amend. Establishes a $25.00 fee to send certificates of CLE compliance to other states, for filing reciprocal certificates, for filing house counsel certificates, and for certificates of exemption. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period. Effective Date: September 1, 2007.

Supreme Court Order.

Posted: August 16, 2007

Rules of Juvenile Procedure

URJP 07A. Pick up orders. New. Authorizes telephonic pick up orders in juvenile court in exigent circumstances. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period. Effective Date: August 14, 2007.

Supreme Court Order.

Posted: August 16, 2007

Rules Governing the Utah State Bar

USBRPC Preamble. Attorney oath. Amend. Includes adherence to the Standards of Professionalism and Civility in the attorney oath. Effective Date: August 14, 2007.

Supreme Court Order

Posted: August 16, 2007

Rules of Juvenile Procedure

URJP 15. Preliminary inquiry; informal adjustment without petition. Amend. Increases the permitted duration of non-judicial adjustment efforts from 60 to 90 days to conform to statutes. Effective Date: August 8, 2007.