Rules of Juvenile Procedure – Effective November 1, 2020
URJP009. Detention hearings; scheduling; hearing procedures. Amended. Contains technical changes to paragraph (m) to address statutory references, which were repealed and replaced in 2020.
Month: June 2020
Posted: June 25, 2020
Posted: June 24, 2020
Code of Judicial Administration – Effective June 22, 2020
CJA01-0201. Membership – Election. AMEND – Makes changes to general provisions regarding election of Judicial Council members to implement in rule SB0167 from the 2020 general session.
CJA06-0102. Election of District Court judges to the Judicial Council. AMEND – Makes changes to provisions regarding election of District Court members of the Judicial Council to implement in rule SB0167 from the 2020 general session.
CJA07-0101. Juvenile Court Board, Executive Committee and Council Representatives. AMEND – Makes changes to provisions regarding election of Juvenile Court members of the Judicial Council to implement in rule SB0167 from the 2020 general session.
Posted: June 22, 2020
Rules Governing the Utah State Bar – Effective November 1, 2020
USB14-0806. Admission pro hac vice. Amend. The amendments to Rule 14-806 exempt non-Utah licensed attorneys who are representing an Indian Tribe in a child custody proceeding pursuant to the Indian Child Welfare Act. The amendments also remove the requirement that original documents be submitted with the application and contain other clean up edits.
Posted: June 18, 2020
Rules of Appellate Procedure – Effective November 1, 2020
URAP035. Petition for rehearing. Amend. The amendments to Rule 35: (1) provide a mechanism for filing a letter for nonsubstantive/clerical errors, (2) incorporate Standing Order 11 (regarding filing documents by email), and (3) include general cleanup for clarity and consistency.
URAP036. Remittitur. Amend. The amendments to Rule 36 incorporate Standing Order 11 (regarding filing documents by email) and include general cleanup for clarity and consistency.
Posted: June 18, 2020
Rules of Appellate Procedure – Effective June 7, 2020
URAP037. Suggestion of mootness; voluntary dismissal. Amend. The amendments to Rule 37 update the statutory reference related to declarations. These amendments were expedited on June 9, 2020 under Rule 11-105.
Posted: June 12, 2020
Rules of Juvenile Procedure – Effective November 1, 2020
URJP009. Detention hearings; scheduling; hearing procedures. Amended. Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113 and brings rule in compliance with H.B. 384-Juvenile Justice Amendments (2020) and prior juvenile justice reforms. The revisions place restrictions on the amount of time and the conditions under which the minor may be held in detention. Requires a court determination of grounds for admission within 24 hours including weekends and holidays. Revises standard from reasonable basis to probable cause. Deletes the Advisory Committee Note.
URJP032. Initiation of ungovernability and runaway cases. Amended. Revised to reflect that petitions related to children who are ungovernable or are runaways may only be filed by the Division of Juvenile Justice Services pursuant to statutory changes contained in S.B.65-Child Welfare Amendments (2020).
Posted: June 10, 2020
Code of Judicial Administration – Effective May 12, 2020
CJA01-0205. Standing and ad hoc committees (AMEND)
Amends the title of the Uniform Fine and Bail Schedule Committee to the “Uniform Fine Committee.”
CJA04-0302. Uniform recommended fine/bail schedule (AMEND)
Amends the title of the rule to the “Recommended Uniform Fine Schedule,” deletes “bail” and/or replaces “bail” with “fine,” deletes “and a youth offender schedule” because the Uniform Fine Schedule no longer includes fines regarding youth, minors, or juvenile court, and in regard to presentence investigation reports, deletes “prepared by the Department of Corrections” and the “Juvenile Court Probation Department” because that is not always the case.
CJA04-0701. Failure to appear (AMEND)
Replaces “forfeit bail” with “remit a fine” and replaces “bail” with “fine.”
CJA04-0704. Authority of court clerks (AMEND)
Replaces “bail” with “fine,” replaces “forfeit bail” with “remit a fine,” and changes the name of the schedule to the “Uniform Fine Schedule.”
CJA06-0301. Authority of court commissioner as magistrate (AMEND)
Amends “bail” to “fines.”
Amends “bail” to “fines.”
Appendix B. Justice Court Standards (AMEND)
Amends “bail schedule” to “fine schedule.”
Amends “bail schedule” to “fine schedule.”
Appendix F. Utah State Courts Records Retention Schedule (AMEND)
Changes the name of the schedule to the “Uniform Fine Schedule.”
Changes the name of the schedule to the “Uniform Fine Schedule.”
Posted: June 4, 2020
Rules of Appellate Procedure – Effective November 1, 2020
URAP009. Docketing statement. Amend. The amendments to Rule 9 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.
URAP019. Extraordinary writs. Amend. The amendments to Rule 19 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.
URAP028A. Appellate Mediation Office. Amend. The amendments to Rule 28A incorporate the advisory committee note into the language of the rule and repeal the note.
URAP033. Damages for delay or frivolous appeal; recovery of attorney fees. Amend. The amendments allow the court to impose sanctions without a hearing or at the court’s discretion, so long as the party is provided with notice and an opportunity to respond.
URAP044. Transfer of improperly pursued appeals. Amend. The amendments to Rule 44 incorporate the advisory committee note into the language of the rule and repeal the note.
Posted: June 4, 2020
Rules Governing Licensed Paralegal Practitioner – Effective November 1, 2020
URGLPP15-0707. Application; deadlines; withdrawals; postponements and fees. Amend. The amendments to CJA Rule 15-707 allow Licensed Paralegal Practitioner (LPP) applicants to submit an application before completing the national certification requirement so long as that certification is completed within one year of passing the LPP exam. LPPs must complete the national certification before obtaining a license.