October 2014 – Utah Court Rules

Posted: October 31, 2014

Rules of Appellate Procedure

URAP 005. Discretionary appeals from interlocutory orders. Amend. Sets a page limit for a petition for permission to appeal and describes how relevant documents may be referenced; provides that a response to a petition for permission to appeal will not be received unless requested by the court; and provides that cross-petitions for permission to appeal are not permitted.
URAP 023. Motions. Amend. Provides that a reply may be filed no later than five days after service of the response, but allows the court to rule on the motion without awaiting a reply.
URAP 035. Petition for rehearing. Amend. Provides the circumstances under which a party may petition for rehearing.
URAP 037. Suggestion of mootness; voluntary dismissal. Amend. Provides that an appellant’s personal affidavit demonstrating that the decision to dismiss is voluntary need only be filed on a motion to dismiss for reasons other than mootness.
Supreme Court Order.

Posted: October 31, 2014

Rules of Criminal Procedure

URCrP 40. Search warrants. Amend. Provides a process for extending the sealing of search warrant records.
Supreme Court Order.

Posted: October 28, 2014

Code of Judicial Administration

CJA 04-0405. Juror and witness fees and expenses. Amend. Makes an attorney issuing the subpoena responsible for reimbursing a civil witness for necessary and reasonable parking expenses as required by statute.
CJA 04-0510.03. Qualification of ADR providers. Amend. Corrects an incorrect reference to another rule.
CJA 04-0907. Divorce education and divorce orientation courses. Amend. Provides an option to take the divorce orientation course online, and reflects changes to the fees for the course as required by statute.
Judicial Council Minutes.

Posted: October 28, 2014

Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Makes the Committee on Model Utah Civil Jury Instructions and the Committee on Model Utah Criminal Jury Instructions standing committees of the Judicial Council. Outlines the membership makeup of each committee. Makes technical corrections. Effective October 27, 2014 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.
Judicial Council Minutes.

Posted: October 1, 2014

Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Changes the time for probable cause from 48 hours to 24 hours after the arrest. Requires that the magistrate release the arrestee after 24 hours unless the officer is able to establish that the delay was caused by a bona fide emergency or other extraordinary circumstances.
Supreme Court Order.