Posted: October 25, 2021
Rules of Civil Procedure – Effective November 1, 2021
URCP024. Intervention. AMEND. Under the Indian Child Welfare Act (ICWA), an Indian Tribe is permitted to intervene in a child custody proceeding involving an Indian child. These cases arise in both district and juvenile court. Amendments to Rule 24, which track those already adopted in Juvenile Rule 50, allow the adoption of a uniform approach to ICWA in both juvenile and district court.
URCP062. Stay of proceedings to enforce a judgment or order. AMEND. Among other amendments intended to streamline and improve Rule 62’s efficacy, the amendments extend the time for an automatic stay from 14 days to 28 days and provide that a party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security.
Posted: October 25, 2021
Rules of Juvenile Procedure – Effective October 19, 2021
URJP017. The petition. Amended. Revised paragraph (c)(2) to add language previously contained in it and inadvertently deleted when Rule 17 was updated on September 1, 2021, due to H.B. 285 Juvenile Code Recodification (2021).
Posted: October 21, 2021
Rules of Civil Procedure – Effective May 1, 2022
The Utah Supreme Court voted to delay the implementation of Utah Rule of Civil Procedure 100A until May 1, 2022.
Posted: September 29, 2021
Rules of Juvenile Procedure – Effective September 27, 2021
URJP005. Definitions. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and updated the definition of “ungovernability” to align with H.B. 285.
URJP007. Warrants. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modified the language in subsection (b)(6) regarding runaway minors to align with H.B. 285, added a statutory reference to the authority a probation officer has to take into custody a minor who violates a condition of probation, and clarified that “custody” is “temporary custody.”
URJP050. Presence at hearings. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modified the language in subsection (f) to conform with proposed changes the Advisory Committee on the Rules of Civil Procedure made to Civil Rule 24 involving tribal intervention and participation in Indian Child Welfare Act cases.
URJP060. Judicial bypass procedure to authorize minor to consent to an abortion. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021).
Posted: September 28, 2021
Code of Judicial Administration – Effective November 1, 2021
CJA01-0205. Standing and ad hoc committees (AMEND)
The approved amendments changed the membership of the Standing Committee on Pretrial Release and Supervision.
CJA03-0415. Auditing (AMEND)
The approved amendments more clearly define the types of audits conducted by the Audit Department, clarify audit procedures, and identify the individuals involved at critical points.
CJA03-0419. Office of Fairness and Accountability (NEW)
Identifies the objectives of the Office of Fairness and Accountability and the duties of the Director of the Office of Fairness and Accountability.
CJA04-0206. Exhibits (AMEND)
The approved amendments address custody, disposal, and storage of physical and electronic evidence.
CJA04-0401.02. Possession and use of portable electronic devices (AMEND)
The approved amendments allow JPEC to continue to use recordings to evaluate the performance of justice court judges subject to a basic evaluation.
CJA07-0302. Court reports prepared for delinquency cases (AMEND)
The Sentencing Commission released a new Juvenile Disposition Guide that does not provide specific recommendations for disposition, only factors that should be considered. The approved amendments align the rule with the statute regarding probation’s role in victim restitution (78A-6-117(j)(ix-x)) and the new Juvenile Disposition Guidelines.
Posted: September 9, 2021
Rules of Juvenile Procedure – Effective November 1, 2021
URJP003. Style of pleadings and forms. Amended. Made revisions to align the captions in protective order cases and cases transferred from District Court involving custody, child support, and parent time with Title 30, Chapters 3 and 4, Divorce and Separate Maintenance, respectively, Title 78B, Chapter 7, Child Protective Orders, and court forms.
Posted: September 9, 2021
Rules of Juvenile Procedure – Effective September 7, 2021
URJP030. Citations; applicable offenses and procedures; bail. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Clarifies a minor’s right to bail when the minor has been cited or is in a detention facility as well as that “court” refers to “juvenile court.”
Posted: August 31, 2021
Rules of Juvenile Procedure – Effective September 1, 2021
URJP021. Warrant of arrest or summons in cases under Utah Code section 80-6-503. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and changes terminology regarding detention and correctional facilities to align with statutory language.
Posted: August 11, 2021
Supreme Court Rules of Professional Practice – Effective July 9, 2021
CJA11-0101. Creation and Composition of Supreme Court Committees. Amend. The amendments allow for the Supreme Court to appoint vice-chairs to advisory committees. The amendments change the service term from four years to three years for new appointments.