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: October 30, 2018
CJA11-0401. Standing Committee on Appellate Representation. Amend. Updates the definition of “legal defender’s office.” Effective October 29, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.
Posted: October 29, 2018
CJA03-0401. Office of General Counsel. Amend. Deletes certain unnecessary and outdated provisions. Removal of the language in lines 39-42 does not abdicate Judges’ responsibility to make their own decisions pursuant to the Code of Judicial Conduct.
CJA03-0414. Court Security. Amend. Allows the Court Security Director to possess a firearm and ammunition in a courthouse when qualified.
CJA04-0202.03. Records Access. Amend. Allows for access to certain records for Licensed Paralegal Practitioners. Allows access to juvenile court social records by entities or individuals providing services to juveniles.
CJA04-202.09. Miscellaneous. Amend. Adds specific requirements for records access requests for email correspondence. Corrects previous publication error regarding Tax-related Records and removal of language requiring certification of omitting / redacting all non-public information from the record.
CJA04-0403. Electronic Signature and Signature Stamp Use. Amend. Adds “orders appointing a court visitor” to the list of documents on which a clerk may use a judge’s signature stamp, with prior approval from a judge or commissioner.
CJA04-0701. Failure to Appear. Amend. Deletes the reference to failures to appear as a separate offense pursuant to S.B. 58, which eliminated the crime of failure to appear on a citation.
Posted: October 4, 2018
URCP073. Attorney Fees. Amend. An overwhelming number of cases filed in the courts, especially debt collection cases, result in the entry of an uncontested judgment. The work required in most cases to obtain an uncontested judgment does not typically depend on the amount at issue. The amendments eliminate the schedule of fees based on the amount of damages and replace it with a single fee upon entry of an uncontested judgment and a larger fee in contested cases. Where additional work is required to collect on the judgment, the amendments provide a default amount for writs and certain motions, and eliminate the “considerable additional efforts” limitation of the prior rule. The rule remains flexible so that when attorney fees exceed the scheduled amounts, a party remains free to file an affidavit requesting appropriate fees in accordance with the rule.
URCP073. Advisory Committee Notes.