Month: April 2024

Rules of Appellate Procedure – Effective May 1, 2024

URAP010.Procedures for summary disposition or simplified appeal process. The amendments to Rule 10 include: (1) adding a provision to allow the appellate courts to dismiss an appeal for failure to prosecute if, after 150 days, the reasons the appeal was tolled under Rule 4(b) or Rule 4(c) are not resolved; and (2) to clean-up for clarity and consistency.

URAP057.Record on appeal; transmission of record; supplementation of the record. The amendment to Rule 57 modifies the definition of the record on appeal for child welfare cases, and makes the rule consistent with Rule 11.

Supreme Court Order

Continue Reading

Rules Governing the Utah State Bar and Rules of Professional Practice – Effective May 1, 2024

Move the Mandatory Continuing Legal Education Rules from Chapter 14, Article 4 to Chapter 11 in a new Article 6; to repeal Chapter 14, Article 4; to then renumber rules referenced in the new Article 6;  Moving the article from the chapter entitled “Rules Governing the Utah State Bar, to the chapter entitled “General Provisions will help to distinguish the responsibility of the Court from the activities of the Bar.

Article 6; Clarify Board governance and make duties more transparent; The new rule includes “the Director” in the definitions, with a description that will help to clarify that the Director is appointed by the Court and supervised by the Board.

Expanding the definition of accredited “Professionalism and Civility CLE” to include instruction on Well-being and law practice management; incorporating the term “substance use disorder” and “instruction on equal access to justice, fairness, and respect for others.”

Increasing the time from six months to twelve months that lawyers and paralegal practitioners may remain on inactive status before changing to active status without complying with the annual CLE requirements.

Technical amendments clarifying that the total number of Board members is ten, excluding any additional emeritus members; and formalizing that a quorum for taking action is six.

Chapter 14 Article 4

USB14-0401. Purpose. Amend.

USB14-0402. Definitions. Amend

USB14-0403. Establishment and membership of Board. Amend

USB14-0404. Active status lawyers MCLE, NLTP, admission on motion, multi-state compliance reciprocity, house counsel and UBE requirements; MCLE requirements for Paralegal Practitioners. Amend.

USB14-0405. MCL requirements for lawyers and paralegal practitioners on inactive status. Amend.

USB14-0406. MCL requirements for lawyers on active military duty and lawyers who are spouses of active military members stationed in Utah. Amend.

USB14-0407. MCL requirements for lawyers on active emeritus status. Amend.

USB14-0408. Credit hour defined; application for approval. Amend.

USB14-0409. Categories of Elective CLE defined. Amend.

USB14-0410. Accreditation of MCLE; undue hardship and special Accreditation. Amend.

USB14-0411. Board Accreditation of CLE. Amend.

USB14-0412. Presumptively approved CLE providers; presumptive CLE Accreditation. Amend.

USB14-0413. CEL Accreditation for qualified audio and video presentations, webcasts, computer interactive programs, writing, lecturing, teaching, public service, and verified attendance. Amend.

USB14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; retirement. Amend.

USB14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. Amend.

USB14-0416. Lawyers on active status not practicing law in Utah; Paralegal Practitioners on active status outside of Utah; Lawyers or paralegal practitioners on active status engaged in full-time volunteer work in remote locations. Amend.

USB14-0417. Miscellaneous fees and expenses. Amend.

USB14-0418. Remote group CLE. Amend.

USB14-0419. CLE credit for Pro Bono Legal Services. Amend.

Supreme Court Order

 

Continue Reading

Rules of Appellate Procedure – Effective May 1, 2024

URAP003. Appeal as of right – how taken; URAP005. Discretionary appeals from interlocutory orders; URAP014. Review of administrative orders: how obtained; intervention; URAP019. Extraordinary relief; and URAP048. Time for petitioning. (Amend). The amendments to Rules 3, 5, 14, 19, and 48 modify the fee provision language in each rule to direct parties to the requirements of Rule 21, which addresses filing and service, and its provisions regarding payment of filing fees.

Additionally, the amendments to Rule 14 adds a provision for agencies to file the record within 21 days upon receiving a request from the appellate courts.

URAP021. Filing and service. (Amend). The amendments to Rule 21: (1) notify parties that the appellate courts are transitioning to an e-filing system; (2) specify the date when all licensed attorneys will be required to file using the e-filing system; (3) explain that filing fees will be required to be paid through the e-filing system when documents are e-filed; (4) clarify that failure to pay a filing fee may result in dismissal; and (5) update the provisions regarding service for documents that are e-filed.

URAP026. Filing and serving briefs. (Amend). The amendments to Rule 26: (1) update paragraph (b) to include a requirement for copies of briefs that are e-filed; and (2) clarify paragraph (d) to make clear that only physical records need be returned.

URAP027. Form of briefs, motions, and other documents. (Amend). The amendments to Rule 27: (1) provide more detailed guidance for preparing the caption for briefs and conform the rule to current practice; (2) remove the requirement that opposing counsel be listed on the cover, as this information will be included on a following page; (3) clarify the requirements for captions on petitions and motions or other documents that are not a brief or petition; and (4) require hard copies of briefs be submitted to the appellate courts using only a binder clip, rather than a velo or similar binding along the left edge.

Supreme Court Order

Continue Reading

Rules of Juvenile Procedure – Effective May 1, 2024

URJP019C. Delinquency, traffic and adult criminal matters. Amend. The approved amendments to Rule 19C include: (1) modifying the heading and the addition of a new paragraph (a) that provides the scope of this rule; (2) the addition of a new paragraph (f) to provide direction regarding motions on the justification of the use of force as a defense; and (3) stylistic and grammatical changes.

Supreme Court Order

Continue Reading