April 2020 – Utah Court Rules

Posted: April 22, 2020

Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak – Effective April 21, 2020

The Utah Supreme Court issues the following Order. This Order modifies the Bar Examination passage requirement on an emergency basis for certain eligible law school graduates and attorneys from other jurisdictions in good standing, based upon the Utah Supreme Court’s constitutionally granted authority to regulate the practice of law in Utah, and in consideration of the public health threat currently posed by the novel infectious coronavirus (COVID-19).

Supreme Court Order

Posted: April 14, 2020

Rules of Juvenile Procedure – Effective May 1, 2020

URJP027A. Admission of statements given by minors. Amended. Revised to delete paragraph (a)(2) due to concerns that the language may unconstitutionally shift the burden to a juvenile to show that the juvenile did not knowingly and voluntarily waive his or her rights. Clarifies that the state retains the burden of proving that the waiver was knowing and voluntary regardless of the child or minor’s age. Also deletes the Advisory Committee Note.

Supreme Court Order

Posted: April 10, 2020

Rules of Appellate Procedure – Effective April 2, 2020

URAP002. Suspension of rules.

URAP003. Appeal as of right: how taken.

URAP004. Appeal as of right: when taken.

URAP009. Docketing statement.

URAP011. The record on appeal.

URAP012. Transmission of the record.

URAP014. Review of administrative orders: how obtained; intervention.

URAP020. Habeas corpus proceedings.

URAP021. Filing and service.

URAP022. Computation and enlargement of time.

URAP024. Principal and reply briefs.

URAP027. Form of briefs.

URAP029. Oral arguments.

URAP031. Expedited appeals decided after oral argument without written opinion.

URAP033. Damages for delay or frivolous appeal; recovery of attorney’s fees.

URAP037. Suggestion of mootness; voluntary dismissal.

URAP038B. Qualifications for appointed appellate counsel.

URAP040. Attorney’s or party’s signature; representations to the courts; sanctions and discipline.

URAP041. Certification of questions by law of United States courts.

URAP042. Transfer of case from Supreme Court to Court of Appeals.

URAP043. Certification by the Court of Appeals to the Supreme Court.

Supreme Court Order – Amending Advisory Committee Notes to rules 2, 3, 9, 21, 22, 24, 27, 38B, 40, 41, 42, and 43

Supreme Court Order – Removing Advisory Committee Notes to rules 4, 11, 12, 14, 20, 29, 31, 33, 37, and 41

Posted: April 10, 2020

Code of Judicial Conduct – Effective May 1, 2020

CJC02.11. Disqualification. Amended. The amendments clarify that a judge is disqualified from a case in which a lawyer in the proceeding supervises or is supervised by a judge’s family member, but the disqualification requirement is eliminated if the employing entity removes the family member from the lawyer’s line of supervision.

Supreme Court Order

Posted: April 6, 2020

Code of Judicial Administration – Expedited Adoption of CJA 1-205 – Effective March 13, 2020

CJA01-0205. Standing and ad hoc committees. Amended. Changes the composition of the Utah Judicial Council’s Standing Committee on Children and Family Law based, in part, on amendments to Utah law. Removes a legislative position, updates the mediator position, and adds a mental health professional.

Judicial Council Order