June 2021 – Utah Court Rules

Posted: June 30, 2021

Code of Judicial Administration – Effective June 28, 2021

CJA01-0305. Board of Senior Judges. Amended. The amendments to CJA Rule 1-305 modify the Board of Senior Judges.

CJA03-0104. Presiding judges. Amended. The amendments to CJA Rule 3-104 clarify the authority of a presiding judge to assign a senior judge by referencing CJA Rule 3-108.

CJA03-0108. Judicial assistance. Amended. The amendments to CJA Rule 3-108 establish the circumstances for which a senior judge assignment may be made and the procedure for making a senior judge assignment.

CJA03-0113. Senior judges. Amended. The amendments to CJA Rule 3-113 clarify and modify the circumstances in which a senior judge may be compensated for judicial coverage.

CJA03-0501. Insurance Benefits Upon Retirement. Amended. The amendments to CJA Rule 3-501 provide guidance for the use of the senior judge incentive benefit.

CJA11-0201. Senior Judges. The amendments to CJA Rule 11-201 provide the Supreme Court with additional information about applicants for appointment as a senior judge and clarify the process in which an applicant may respond to a Judicial Council recommendation regarding the appointment of a senior judge.

Judicial Council Order

Posted: June 24, 2021

Rules of Criminal Procedure – Effective November 1, 2021

URCrP016. Discovery. Amended. The amendments incorporate changes suggested by the public comments to require disclosure of police officer’s notes only if they have not been incorporated into a police report, allowing defendants to waive the mandatory disclosures, and clarifying the notice procedure when a prosecutor decides a required disclosure is either not lawful or would endanger any person or an ongoing investigation.

Supreme Court Order

Posted: June 21, 2021

Rules of Civil Procedure – Effective November 1, 2021 and May 1, 2022

DISCLOSURE AND DISCOVERY AMENDMENTS

URCP026. General provisions governing disclosure and discovery. Amend. The amendments to Rule 26 extend several discovery timelines and clarify multiple provisions. The amendments also include the language that was proposed in SJR004 (2021), which addressed a party’s duty to pay an expert witness’s hourly fee for attendance at a deposition.

FAMILY LAW AMENDMENTS

As a whole, the family law amendments below are intended to

make case names more neutral and less antagonistic;
shorten the presumptive discovery period for domestic cases;
implement the case management recommendations of the “Report and Recommendations to the Standing Committee on Children and Family Law;” and
address issues raised in a recent legislative audit.

URCP010. Form of pleadings and other papers. Amend. Effective May 1, 2022.

URCP012. Defenses and objections. Amend.

URCP026. General provisions governing disclosure and discovery. Amend.

URCP026.01. Disclosure and discovery in domestic relations actions. Amend.

URCP100A. Case Management of Domestic Relations Actions. NEW.

URCP104. Divorce decree upon affidavit. Amend.

URCP106. Modification of final domestic relations order. Amend.

Supreme Court Order for rules 12, 26, 26.1, 100A, 104, and 106

Supreme Court Order for Rule 10

Posted: June 17, 2021

Rules of Juvenile Procedure – Effective September 1, 2021

URJP009. Detention hearings; scheduling; hearing procedure. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP016. Transfer of delinquency case. Amended. Makes revisions to transferring delinquency cases between judicial districts to reflect statutory changes made by H.B. 285 Juvenile Recodification.

URJP016A. Transfer of non-delinquency proceeding. New. A new rule establishing procedures for transferring non-delinquency cases between judicial districts in response to statutory changes contained in H.B. 285 Juvenile Recodification.

URJP017. The petition. Amended. Updates statutory references and makes revisions to the contents to be included in a petition for termination of parental rights to reflect statutory changes contained in H.B. 285 Juvenile Recodification.

URJP023A. Hearing on factors of Utah Code section 78A-6-703.3; bind over to district court. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP026. Rights of minors in delinquency proceedings. Amend. Make revisions to bring the rule in compliance with S.B. 32 Indigent Defense Act Amendments (2019); specifically Utah Code Sections 78B-22-102 and 78B-22-204 and updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP029A. Visual recording of statement or testimony of child victim or witness of sexual or physical abuse – Conditions of admissibility. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP029B. Hearings with remote conferencing from a different location. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP035. Pre-trial procedures. Amended. Updates statutory reference to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

Supreme Court Order

Posted: June 2, 2021

Code of Judicial Administration – Effective November 1, 2021

CJA01-0204. Executive committees (AMEND). Allows the Policy and Planning Committee, Liaison Committee, and Budget and Fiscal Management Committee to each determine their own schedule for electing chairs.

CJA02-0103. Open and closed meetings (AMEND). Adds the category of “safeguarded” to the list of reasons that a Council meeting may be closed. The amendment corrects an oversight. The rule wasn’t updated when “safeguarded court records” were added as a classification in CJA rule 4-202.02.

Judicial Council Order

Posted: June 2, 2021

Code of Judicial Administration – Effective May 24, 2021

CJA04-0403. Electronic signature and signature stamp use (AMEND). New Utah Rules of Civil Procedure 7A and 7B, effective May 1, 2021, replaced the order to show cause process with new “motion to enforce” procedures. Similar to the OSC process, a moving party files an ex parte motion and the court issues an order. The rule amendment allows clerks and judicial assistants to use, with prior approval, an electronic signature or signature stamp to process motions to enforce.

Judicial Council Order