Utah Court Rules – Approved – Page 11 – <p>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.</p><p>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.</p>

Posted: July 14, 2022

Rules of Appellate Procedure – Effective November 1, 2022

URAP014. Review of administrative orders: how obtained; intervention. Amend. The amendments to Rule 14, which addresses review of administrative orders, is to allow parties to file a cross-petition when a petition for review is filed by another party. The amendments respond to the Utah Court of Appeals’ observation that allowing cross-petitions in administrative appeals would further judicial efficiency. See Watson v. Lab. Comm’n, 2020 UT App 170, ¶1 n.1, 480 P.3d 353.

Supreme Court Order

Posted: July 14, 2022

Rules of Criminal Procedure – Effective July 13, 2022

URCrP042. Expungement. (NEW). Pursuant to U.C.J.A. Rule 11-105, the Utah Supreme Court has approved Rule 42 of the Utah Rules of Criminal Procedure for expedited adoption and another round of public comment. This version of the Rule includes technical and substantive corrections to match procedures for automatic expungement provided by Utah Code Ann. 77-40a-201. The Rule further contemplates protocol that the Administrative Office of the Courts will follow to create lists of expungement-eligible cases and identify and remove from those lists cases that do not meet eligibility criteria or are objected to by victims or prosecutors.

Supreme Court Order

Posted: July 14, 2022

Rules Governing the Utah State Bar – Effective August 1, 2022

USB14-0701. Definitions. AMEND.

In acknowledging the remote work environment created by the pandemic, amendments remove the requirement that “active practice” activities be performed in the jurisdiction in which the applicant is admitted.
Amendments also remove teaching full-time at an approved law school as an “active practice” activity in favor of creating an exception for this type of work under Rule 14-705, which is the admission by motion rule.

USB14-0705. Admission by motion. AMEND.

Amendments remove geographic restrictions for purposes of counting years of practice toward admission by motion requirements.
Amendments allow time in Utah to count toward time practicing in another jurisdiction so long as the lawyer has complied with Rule 5.5 of the Utah Rules of Professional Conduct.
Amendments reduce the amount of time a lawyer must have practiced in another jurisdiction from 60 months to 36 months.
Amendments also exempt full-time Utah law professors from the requirement of being engaged in the active full-time practice of law for the relevant time period, so long as they have worked at least 80 hours per month as a law professor during that time.

USB14-0712. Qualifications for admission based on UBE. AMEND.

Paragraph (c)(2) currently provides that a UBE score may be transferred up to 5 years after exam administration if the attorney applicant can prove that they have practiced for at least 2 ½ years.
Repeal of paragraph (c)(2) would bring the rule in line with Rule 14-705 amendments by funneling such applicants through the admission by motion process rather than the UBE score transfer process.

USB14-0809. Practice Pending Admission. AMEND.

Amendments to paragraph (c)(3) conform to Rule 14-705 amendments regarding geographic restrictions and time spent practicing.
Amendments also expand practice eligibility:
- from one year to eighteen months after certificate issuance, and
- from one failed Bar exam attempt to two failed Bar exam attempts.

Supreme Court Order

Posted: June 9, 2022

Rules Governing the Utah State Bar – Effective June 8, 2022

USB14-0807. Law school student and law school graduate legal assistance. AMEND.

Amendments extend law school graduate practice eligibility:
- from one year to eighteen months after graduation, and
- from one failed Bar exam attempt to two failed Bar exam attempts.
Amendments also fix a number of formatting issues, simplify language, and add headings for easier application.
New paragraph (g)(3)(G) provides that if a 14-807 practitioner substantially aids in the preparation of written materials in an appellate case, including briefs and memoranda, the supervising attorney may, at the attorney’s discretion, credit the 14-807 practitioner by including the practitioner’s name on the filing below the supervising attorney’s name.

Supreme Court Order

Posted: May 23, 2022

Code of Judicial Administration – Effective November 1, 2022

CJA03-0421. WINGS Committee. (NEW). Outlines the roles and responsibilities of the new Standing Committee on Working Interdisciplinary Network of Guardianship Stakeholders (WINGS).

CJA04-0903. Uniform custody evaluations. (AMEND). Limits the circumstances under which a custody evaluation can be ordered, outlines the training requirements of those who conduct custody evaluations, and shortens the time period in which a party must request a custody evaluation from 45 days to 28 days after the custody evaluation conference.

CJA06-0104. Water law judges. (NEW). New rule creating designated water judges in district court to handle cases involving water law and the adjudication of water rights.

Judicial Council Order

Posted: May 23, 2022

Code of Judicial Administration – Effective July 1, 2022

CJA09-0109. Presiding Judges. (AMEND). Simplifies the leadership structure of justice courts and addresses the compensation disparity related to presiding and associate presiding judges by eliminating the position of Education Director. The Associate Presiding Judge will assume education duties.

Judicial Council Order

Posted: May 23, 2022

Code of Judicial Administration – Effective May 23, 2022

CJA04-0508. Guidelines for ruling on a motion to waive fees. (AMEND). The proposed amendments are in response to S.B. 87, effective May 4, 2022. Among other things, SB 87 amends provisions regarding affidavits of indigency and requires a court to find an individual indigent under certain circumstances.

CJA01-0204. Executive committees. (AMEND).

CJA 01-0205. Standing and Ad Hoc Committees. (AMEND).

Creates a Standing Committee on Working Interdisciplinary Network of Guardianship Stakeholders (WINGS). Renames the Policy and Planning Committee to the “Policy, Planning, and Technology Committee.” In addition to its current responsibilities, the committee will now review and recommend technology policies and priorities. The Standing Technology Committee is dissolved.

Judicial Council Order

Posted: May 20, 2022

Rules of Juvenile Procedure – Effective September 1, 2022

URJP007. Warrants. Amend. Updates statutory references affected by H.B. 248. Allows counsel for the Division of Child and Family Services to file an ex parte motion to vacate a warrant issued pursuant to Utah Code section 80-2a-202. Changes the text style of “ex parte” in subsection (h) from italic text to standard text to make it consistent with other rules.

URJP012. Admission to shelter care. Amend. Updates statutory references affected by H.B. 248.

URJP013. Shelter hearings. Amend. Updates statutory references affected by H.B. 248.

URJP014. Reception of referral; preliminary determination. Amend. Updates statutory references affected by H.B. 248.

Supreme Court Order

Posted: May 20, 2022

Rules of Juvenile Procedure – Effective May 18, 2022

URJP025. Pleas. Amend. Modifies paragraph (a) and adds statutory reference to Utah Code section 80-6-306. Adds reference to the rule itself. Deletes paragraph (d) to remove language contained in Utah Code section 80-6-306. Details the procedure for how delayed admissions under Utah Code section 80-6-306 will be resolved.

URJP060. Judicial bypass procedure to authorize minor to consent to abortion. Amend. Qualifies that the time frame in subsection (d) is three calendar days or two business days, whichever is longer.

Supreme Court Order

Posted: May 9, 2022

Rules of Appellate Procedure – Effective November 1, 2022

URAP010. Procedures for summary disposition or simplified appeal process. Amend. The amendments to Rule 10, paragraph (d): address enlargements of time for filing memoranda under the simplified appeals process to make the language regarding the deadline for such motions consistent with that in Rules 22(a) and 22(b)(3).

URAP011. The record on appeal. Amend. The amendments to Rule 11: (1) address the Court’s concerns—that arose in Arreguin-Leon v. Hadco Constr., LLC, 2020 UT 59, 472 P.3d 927—about defining what constitutes the record on appeal and the procedures for correcting or supplementing the record on appeal; (2) clarify and adjust the deadlines for ordering transcripts, ensuring that indigent parties have the opportunity to review the case before being required to order transcripts; (3) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (4) make other changes to conform with the Appellate Clerks’ Office current practice.

URAP012. Transmitting the record. Amend. The amendments to Rule 12: (1) recognize the current practice of utilizing electronic records and the appellate court’s transcript management system; (2) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (3) make other changes to conform with the Appellate Clerks’ Office current practice.

Supreme Court Order