Posted: March 6, 2019
Rules of Civil Procedure – New Effective Date of November 1, 2019
The Utah Supreme Court has adopted a new effective date of November 1, 2019 for the following rule. The rule was formerly effective May 1, 2019. The November date will accommodate programming changes necessary to effectuate the rule’s purposes.
URCP109. Injunction in certain domestic relations cases. New. Provides that in certain domestic relations cases, an injunction will enter upon the filing of the case. Its provisions address areas such as disposing of property, disturbing the peace of the other party, committing domestic violence, using the other party’s identification to obtain credit, interfering with telephone or utility service, modifying insurance, and behavior around the minor children. The injunction is binding on the petitioner upon filing the initial petition and on the respondent after the filing of the initial petition and upon receipt of a signed copy of the injunction as entered by the court.
Posted: February 6, 2019
Rules of Appellate Procedure – Effective May 1, 2019
URAP046. Considerations governing review of certiorari. Amended. The amendments to Rule 46 clarify the standards and grounds for review of a petition for certiorari.
URAP049. Petition for writ of certiorari. Amended. The amendments to Rule 49 contain minor changes to the requirements for a petition for certiorari.
Posted: February 5, 2019
Rules of Criminal Procedure – Effective May 1, 2019
URCrP007C. Material Witnesses – Procedure for Bond and Warrants. Amended. The amendments to rule 7C brings the rule in line with current practices. The rule clarifies the processes for securing a material witness’s testimony.
Supreme Court Order for URCrP007C
URCrP017. The trial. Amended. Elimination of the Advisory Committee Notes.
Supreme Court Order for URCrP017
Posted: February 5, 2019
Rules of Criminal Procedure – Effective December 19, 2018
URCrP008. Amend. The amendments to rule 8 will make the rule consistent with developments in the law. The amendments will also require trial courts of record to appoint counsel on appeal from the roster maintained by the Board of Appellate Court Judges.
Posted: January 29, 2019
Rules Governing Licensed Paralegal Practitioner – Effective January 16, 2019
Client – LLP Relationship
The amendments to the comments are to remove references to an organization as a client because an LPP may not represent an organization as a client.
URGLPP1.04. Communication.
URGLPP1.06. Confidentiality of information.
URGLPP1.07. Conflict of interest: current clients.
URGLPP1.08. Conflict of interest: current clients: specific rules.
URGLPP1.09. Duties to former clients.
URGLPP1.017. Sale of licensed paralegal practice.
URGLPP7.02. Advertising.
URGLPP7.03. Solicitation of clients.
Posted: January 29, 2019
Code of Judicial Administration – Effective January 28, 2019
CJA04-0409. Council approval of Problem Solving Courts.
AMEND. Removes certification criteria from Rule 4-409 and adds those items to the Judicial Council’s problem solving court certification checklist. Clarifies and provided greater detail regarding the Judicial Council’s problem solving court certification process. Makes miscellaneous stylistic changes and minor non-substantive revisions.
Posted: January 4, 2019
Rules of Civil Procedure – Effective May 1, 2019
URCP005. Service and filing of pleadings and other papers. Amend. Paragraph (b)(3)(B) is amended to remove the requirement that a person must agree to accept service by email in order to be served by email. If a person provides an email address pursuant to Rule 10(a)(3) or Rule 76, the person may be served Rule 5 papers at that address.
URCP109. Injunction in certain domestic relations cases. New. Provides that in certain domestic relations cases, an injunction will enter upon the filing of the case. Its provisions address areas such as disposing of property, disturbing the peace of the other party, committing domestic violence, using the other party’s identification to obtain credit, interfering with telephone or utility service, modifying insurance, and behavior around the minor children. The injunction is binding on the petitioner upon filing the initial petition and on the respondent after the filing of the initial petition and upon receipt of a signed copy of the injunction as entered by the court.
Posted: December 26, 2018
Rules of Professional Conduct – Effective December 19, 2018
RPC07.05. Firm Names and Letterheads. Amend. Comment [1] is amended to conform to current practice, which is to allow the inclusion of both retired and deceased partners’ names in firm names if there has been a continuing succession in the firm’s identity such that the firm name has become a trade name.
RPC08.04. Misconduct. Amend. Comment [1a] is amended in response to In re Discipline of Steffensen, 2018 UT 53, Footnote 7, to eliminate confusion as to what sanctions may be applicable for a violation of Rule 8.4. The comment now provides that an act of professional misconduct under Rule 8.4(b), (c), (d), (e), (f), (g), or (h) cannot be counted as a separate violation of Rule 8.4(a) for the purpose of determining sanctions. Conduct that violates other Rules of Professional Conduct, however, may be a violation of Rule 8.4(a) for the purpose of determining sanctions.