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: March 24, 2021
Due to the incorporation of Licensed Paralegal Practitioners in the fee dispute rules in Article 14 of the RULES GOVERNING THE UTAH STATE BAR, IT IS HEREBY ORDERED that Rule 15-1101 through Rule 15-1120 of the RULES GOVERNING LICENSED PARALEGAL PRACTITIONERS IN THE SUPREME COURT RULES OF PROFESSIONAL PRACTICE are repealed effective May 1, 2021.
Posted: March 2, 2021
The Notice Amendments below reference required new forms. The forms may be found at the bottom of the Utah Rules of Civil Procedure webpage, as follows:
The Notice Amendments also now require caution language on some documents. Sample forms containing caution language are below:
SAMPLE FORMS
Notice Amendments
As a whole, the amendments to Rules 4, 7, 8, 36, and 101 require more notice to parties of their rights and obligations.
URCP004. Process. AMEND. The notice amendments to Rule 4(c)(1) require that the Judicial Council-approved bilingual notice of rights be included with the summons.
URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The notice amendments to Rule 7(c) require caution language on the first page of all dispositive motions. It also requires the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.
URCP008. General rules of pleadings. AMEND. The notice amendments to Rule 8(a) require caution language on the first page of all pleadings requesting relief and provide consequences for failing to do so.
URCP036. Request for admission. AMEND. The notice amendments to Rule 36(b) require caution language on the first page of all requests for admission and provides consequences for failing to do so.
URCP101. Motion practice before court commissioners. AMEND. The notice amendments to Rule 101(a) require caution language on the first page of all motions to court commissioners. It also requires the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.
Service of Process Amendments
URCP004. Process. AMEND. The service of process amendments to Rule 4 address service on minors in paragraph (d)(1)(B) and outline the requirements for electronic acceptance of service in paragraph (d)(3)(B).
Supplemental Proceedings Amendments
URCP007A. Motion to enforce order and for sanctions. NEW.
URCP007B. Motion to enforce order and for sanctions in domestic law matters. NEW.
URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND.
Rules 7A and 7B create a new, uniform process for enforcing court orders through regular motion practice. They replace the current order to show cause process found in Rule 7(q) and in local court rules. Rule 7B addresses the domestic law order to show cause process.
Posted: March 2, 2021
CJA03-0101. Judicial performance standards. (AMEND). Establishes a definition of “submitted” for purposes of the case under advisement performance standard. Clarifies that judges will be considered compliant with education and case under advisement standards if their failure to meet one or both of those standards was due to circumstances outside of the judge’s control.
CJA03-0108. Judicial assistance. (AMEND). Authorizes the presiding officer of the Judicial Council to appoint a district court presiding judge as the signing judge for automatic expungements in all district courts within the presiding judge’s district.
Posted: March 1, 2021
Changes merge the attorney Rules of Professional Conduct and the LPP Rules of Professional Conduct into one set of rules. Currently, there are two nearly identical sets of Rules of Professional Conduct for each type of licensee. One set of rules is more efficient and makes changes and updates to the rules simpler and more uniform.
Preamble: A Lawyer’s Responsibilities.
RPC01.00. Terminology.
RPC01.01. Competence.
RPC01.02. Scope of representation and allocation of authority between client and lawyer. Licensed paralegal practitioner notice to be displayed.
RPC01.05. Fees.
RPC04.02. Communication for Persons Represented by Legal Professionals.
RPC06.01. Voluntary Pro Bono Legal Service.