September 2008 – Utah Court Rules

Posted: September 17, 2008

Code of Judicial Administration

CJA 01-205. Standing and ad hoc committees. Amend. Adds an attorney with experience representing parents in abuse, neglect and dependency cases to the Committee on Children and Family Law.
CJA 01-305. Board of Senior Judges. Amend. Restrict membership to active senior judges.
CJA 02-103. Open and closed meetings. Amend. Prohibits those attending a closed meeting from discussing the topic except with others attending the meeting.
CJA 03-403. Judicial branch education. Amend. Establishes the minimum requirements for an active senior judge after a break in service.

Posted: September 3, 2008

Rules of Civil Procedure

URCP 009. Pleading special matters. Amend. Correct references to former Utah Code Title 78.
URCP 026. Advisory Committee Note. Amend. Correct references to former Utah Code Title 78.
URCP 057. Declaratory judgments. Amend. Correct references to former Utah Code Title 78.
URCP 064. Writs in general. Amend. Correct references to former Utah Code Title 78.
URCP 064A. Prejudgment writs in general. Amend. Correct references to former Utah Code Title 78.
URCP 064D. Writ of garnishment. Amend. Correct references to former Utah Code Title 78.
URCP 064E. Writ of execution. Amend. Correct references to former Utah Code Title 78.
URCP 065C. Post-conviction relief. Amend. Correct references to former Utah Code Title 78.
URCP 067. Deposit in court. Amend. Correct references to former Utah Code Title 78.
URCP 100. Coordination of cases pending in district court and juvenile court. Amend. Correct references to former Utah Code Title 78.

Posted: September 3, 2008

Rules of Criminal Procedure

URCrP 15.5. Out of court statement and testimony of child victims or child witnesses of sexual or physical abuse – Conditions of admissibility. Amend. The amendments are intended to help bring the rule into compliance with the requirements of Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004).
Supreme Court Order
URCrP 33. Regulation of conduct in the courtroom. Amend. The amendments will permit a judge to sanction an attorney or party for incivility in pleadings or courtroom conduct.
Supreme Court Order

Posted: September 3, 2008

Rules of Appellate Procedure

URAP 03. Appeal as of right: how taken. Amend. States that a trial court clerk shall accept a notice of appeal even if the filing fee is not paid at that time. The fee must be paid within a reasonable time or the case might be dismissed.
URAP 41. Certification of questions of law by United States courts. Amend. The proposed amendments state that, in certification cases, the rules of appellate procedure apply to the form of briefs and the proceedings on oral argument, except to the extent that the court notifies the parties differently.
Supreme Court Order

Posted: September 3, 2008

Rule of Court-Annexed Alternative Dispute Resolution

ADR 102. Conduct of nonbinding arbitration proceedings. Amend. Correct references to former Utah Code Title 78.
ADR 103. Confidentiality in nonbinding ADR proceedings. Amend. Correct references to former Utah Code Title 78.
ADR 104. Code of ethics for ADR providers. Amend. Correct references to former Utah Code Title 78.

Posted: September 3, 2008

Rules of Small Claims Procedure

URSCP 01. General provisions. Amend. Correct references to former Utah Code Title 78.
URSCP 02. Beginning the case. Amend. Correct references to former Utah Code Title 78.

Posted: September 3, 2008

Rules Governing the Utah State Bar

USB 14-0511. Proceedings subsequent to finding of probable cause. Amend. Correct references to former Utah Code Title 78.
USB 14-0531. Noncompliance with child support order, child visitation order, subpoena or order relating to paternity or child support proceeding. Amend. Correct references to former Utah Code Title 78.

Posted: September 3, 2008

Code of Judicial Conduct

CJC Applicability. Amend. Correct references to former Utah Code Title 78.
CJC Terminology. Amend. Correct references to former Utah Code Title 78.

Posted: September 3, 2008

Code of Judicial Administration

CJA 01-304. General authority and duties. Amend. Correct references to former Utah Code Title 78.
CJA 03-104. Presiding judges. Amend. Correct references to former Utah Code Title 78.
CJA 03-201. Court commissioners. Amend. Correct references to former Utah Code Title 78.
CJA 03-306. Court Interpreters. Amend. Correct references to former Utah Code Title 78.
CJA 03-412. Procurement of goods and services. Amend. Correct references to former Utah Code Title 78.
CJA 03-413. Judicial library resources. Amend. Deletes references to materials no longer published.
CJA 03-414. Court security. Amend. Correct references to former Utah Code Title 78.
CJA 04-201. Record of proceedings. Amend. Correct references to former Utah Code Title 78.
CJA 04-203. Designating a case as historically significant. New. Establishes a process by which a person can request that a case be designated as historically significant. Records in historically significant cases will be retained permanently.
CJA 04-301. Trust Accounts. Amend. Correct references to former Utah Code Title 78.
CJA 04-302. Uniform recommended fine/bail schedule. Amend. Correct references to former Utah Code Title 78.
CJA 04-401. Media in the courtroom. Amend. Permits audio and video transmissions from the courtroom. Prohibits photographing documents and exhibits not in the public record. Clarifies that the judge can control areas adjacent to the courtroom without automatic restrictions.
CJA 04-404. Jury selection and service. Amend. Correct references to former Utah Code Title 78.
CJA 04-405. Juror and witness fees and expenses. Amend. Correct references to former Utah Code Title 78.
CJA 04-408.01. Responsibility for administration of trial courts. Amend. Correct references to former Utah Code Title 78.
CJA 04-510. Alternative dispute resolution. Amend. Correct references to former Utah Code Title 78.
CJA 04-801. Transfer of small claims cases. Amend. Correct references to former Utah Code Title 78.
CJA 06-101. The Board of District Court Judges. Amend. Prohibits a judge who is substituting for a Board member from making or voting on motions.
CJA 06-401. Domestic relations commissioners. Amend. Correct references to former Utah Code Title 78.
CJA 07-102. Duties and authority of Juvenile Court Commissioners. Amend. Correct references to former Utah Code Title 78.
CJA 07-302. Social studies. Amend. Correct references to former Utah Code Title 78.
CJA 07-305. Reviews. Amend. Correct references to former Utah Code Title 78.
CJA 09-103. Certification of educational requirements. Amend. Correct references to former Utah Code Title 78.
CJA 09-104. Salary recommendations. Amend. Correct references to former Utah Code Title 78.
CJA 10-1-304. Blanket bonds. Amend. Correct references to former Utah Code Title 78.
Chapter 11. Article 1. Advisory Committees and the Rulemaking Process. Amend. Creates from Rule 11-101 a series of rules. Each rule regulates a particular topic in the rulemaking process.
CJA 11-101. Creation and Composition of Advisory Committees. Amend. Adds a provision that committee members are officers of the court and not representatives of any interest.
CJA 11-102. Advisory Committee Procedures. New. Adds quorum and voting requirements.
CJA 11-103. Rulemaking Procedures. New. Recognizes reliance on written comments.
CJA 11-104. Procedures Pertaining to the Practice of Law. New. Technical amendments.
CJA 11-105. Supreme Court Action on Rule Modifications. New. Adds distribution and comment provisions to rule amendments initiated by the Supreme Court.
CJA 11-106. Rule Distribution Process. New. Adds a distribution and publication provision.
CJA Appx A. Manual of Procedures for Judicial Nominating Commissions. Amend.
CJA Appx F. Utah State Court Records Retention Schedule. Amend. Establishes a retention period for email.

Posted: September 3, 2008

Code of Judicial Administration

CJA 04-403. Signature stamp use. Amend. Deletes “orders prepared by the court” from the list of documents for which a judge may give blanket authority to stamp his or her signature.