Month: March 2017

Rules of Criminal Procedure – Effective May 1, 2017

URCrP004 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for filing informations.

URCrP004A New. The proposed new rule will address the process for prosecutions commenced by indictment.

URCrP004B New. The proposed new rule will address the process for prosecutions commenced by citation.

URCrP029 Amend. The proposed amendment will eliminate the presiding officer of the Judicial Council as a person to whom disqualification affidavits may be referred.

Supreme Court Order

Continue Reading
Continue Reading

Rules of Civil Procedure – Effective May 1, 2017

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. Amend. Returns pre-2015 paragraph (b)(2) language addressing limits on orders to show cause to new paragraph (q).
 
URCP035. Physical and mental examination of persons. Amend. The 2017 amendments to Rule 35 clarify when there is overlap between a Rule 26(a)(4) expert report and when there is not. They also provide the shorter of a 60-day time frame or 7 days prior to the close of fact discovery in which the party requesting the Rule 35 examination must disclose the report to the person being examined.
 
URCP045. Subpoena. Amend. In conformity with Rule 84’s repeal, makes a technical amendment to paragraph (a)(1)(E). Also makes a technical amendment to paragraph (i) in anticipation of the prisoner mailbox rule’s adoption.
 
URCP065C. Post-conviction relief. Amend. Expressly makes all records in the criminal case under review, including the records in an appeal of that conviction, part of the trial court record in the petition for post-conviction relief.
URCP084. Forms. Repeal. Since the task of creating and updating court forms resides with the newly formed Judicial Council Standing Committee on Forms under UCJA Rules 1-205 and 3-117, the Supreme Court’s Advisory Committee on the Rules of Civil Procedure will no longer create forms.
Continue Reading