Posted: October 11, 2022
Rules of Evidence – Effective November 1, 2022
URE0412. Admissibility of Victim’s Sexual Behavior or Predisposition. AMEND. Rule 412 is amended to clarify that the Rule is applicable to juvenile delinquency proceedings as well as criminal proceedings.
URE0504. Legal Professional – Client. AMEND. Rule 504 is amended to expand the lawyer-client privilege to cover not only confidential client communications with lawyers, but also other legal professionals including licensed paralegal practitioners.
Posted: October 3, 2022
Rules of Appellate Procedure – Effective November 1, 2022
URAP008. Stay or injunction pending appeal.
URAP017. Stay pending review.
URAP023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim.
URAP029. Oral argument.
URAP037. Suggestion of mootness; voluntary dismissal.
The listed rules were amended to (1) add “or declaration” any time affidavit is mentioned; (2) add an Advisory Committee Note explaining that the term “declaration” refers to the unsworn declaration described in Title 78b, Chapter 18a, Uniform Unsworn Declarations Act; (3) move the reference to the statute in Rule 37 to an Advisory Committee Note so the rules will be consistent; and (4) remove language in Rules 8 and 17 regarding other sworn statements.
Posted: September 19, 2022
Code of Judicial Administration – Effective November 1, 2022
CJA04-0206. Exhibits. (Amend). For clarification purposes, “biological evidence” has been added to the non-exhaustive list of exhibits that will remain in the custody of parties during trial and a reference to Title 53, Chapter 20, Forensic Biological Evidence Preservation, has been added to paragraph (5) to draw parties’ attention to their responsibilities regarding disposal of biological evidence.
CJA09-0107. Justice court technology, security, and training account. (Amend). Following the creation of the Budget and Fiscal Management Committee, the approval process for allocations from the Justice Court Technology, Security and Training Account was modified. The approved amendments codify a change in practice that was implemented a few years ago.
Posted: September 19, 2022
Code of Judicial Administration – Effective September 13, 2022
CJA03-0412. Procurement of goods and service. (Amend). The small purchase limits have been increased to $5,000 per item and up to $10,000 for an entire purchase.
Posted: August 24, 2022
Code of Judicial Administration – Effective October 1, 2022
CJA04-0208. Automated case processing procedures. (AMEND) HB 139, deferred traffic prosecution, goes into effect on October 1, 2022. The amendments authorize the Administrative Office of the Courts to develop a process for issuing automated orders in deferred traffic prosecution cases, similar to the clean slate expungement process. Removes definitions of terms that are not included in the rule.
CJA03-0108. Judicial assistance. (AMEND) HB 139, deferred traffic prosecution, goes into effect on October 1, 2022. The amendments allow the presiding officer of the Council to appoint a district court presiding judge as the signing judge for deferred traffic prosecution orders in all district courts within the presiding judge’s district with jurisdiction over eligible cases.
CJA04-0403. Electronic signature and signature stamp use. (AMEND) HB 139, deferred traffic prosecution, goes into effect on October 1, 2022. The amendments allow the electronic signature of a judge to be automatically affixed to orders related to deferred traffic prosecution cases.
Posted: August 23, 2022
Code of Judicial Administration – Effective August 19, 2022
CJA04-0508. Guidelines for ruling on motion to waive fees. (AMEND) Amendments are in response to S.B. 87, effective May 4, 2022. Among other things, S.B. 87 amends provisions regarding affidavits of indigency and requires a court to find an individual indigent under certain circumstances.
Posted: August 23, 2022
Code of Judicial Administration – Effective November 1, 2022
CJA04-0202.03. Records access. (AMEND) Allows a petitioner in an expunged case to obtain a certified copy of the expungement order and case history upon request and in-person presentation of positive identification. This mirrors the process for adoptive parents in obtaining a certified copy of an adoption decree.
Posted: August 16, 2022
Rules of Juvenile Procedure – Effective November 1, 2022
URJP017. The petition. Amend. Adds requirement for delinquency petitions regarding non-felony-level offenses to include the specific condition or conditions that allows the prosecuting attorney to file pursuant to Utah Code section 80-6-304(11).
Posted: July 20, 2022
Rules of Criminal Procedure – Effective July 19, 2022
URCrP012.5. Notice of transfer Domestic Violence case from Justice Court to District Court. (NEW). On July 1, 2022, H.B. 196 went into effect, modifying Section 78A-7-106 of the Utah Code. The statute now includes a provision whereby a domestic violence case set for trial in a justice court may be transferred to a district court after the prosecuting attorney or defendant files a notice of transfer. Rule 12.5 proposes procedure justice courts and district courts should follow to effectuate this transfer.
Pursuant to U.C.J.A. Rule 11-105, the Utah Supreme Court has approved new Rule 12.5 of the Utah Rules of Criminal Procedure for expedited adoption and a 45-day comment period.