Posted: December 19, 2018
Code of Judicial Administration – Effective January 1, 2019
CJA01-0205. Standing and Ad Hoc Committees.
AMEND – Adds a member of the Utah Indigent Defense Commission to the Utah Judicial Council’s Standing Committee on Pretrial Release and Supervision.
AMEND – Adds a court commissioner to the Utah Judicial Council Standing Committee on Court Forms.
CJA04-202.02. Records Classification.
AMEND – Classifies abstracts of juvenile court judgments filed in district court as “private” court records.
CJA04-508. Guidelines for Ruling on Motion to Waive Fees.
AMEND – Makes the Standing Committee on Court Forms responsible to approve the motion and affidavit to waive fees forms (previously the responsibility of the Board of District or Juvenile Court Judges).
CJA Appendix I. Summary of Classification of Court Records.
AMEND – Change classification of “Criminal Investigations” case type from “Protected” to “Public unless otherwise ordered.”
Posted: November 28, 2018
Rules of Appellate Procedure – Effective December 1, 2018
URAP023B. The amendments to Rule 23B Motion for remand for findings necessary to determination of ineffective assistance of counsel claim, clarifies when a motion must be filed.
URAP025. The amendments to Rule 25 Brief of an amicus curiae or guardian ad litem, change a reference to Rule 50.
URAP050. The amendments to Rule 50, Response; reply; brief of amicus curiae, provide that a party may file a response to a petition and how the time for the response shall run. The amendment permits a party to file a letter in lieu of a formal response, deletes language regarding distribution of filings by the clerk, and establishes a time for filing a reply to a response.
URAP051. The amendment to Rule 51 Disposition of petition for writ of certiorari, deletes a reference to Rule 50.
Posted: October 30, 2018
Code of Judicial Administration – Effective October 29, 2018
CJA11-0401. Standing Committee on Appellate Representation. Amend. Updates the definition of “legal defender’s office.” Effective October 29, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.
Posted: October 29, 2018
Code of Judicial Administration – Effective November 1, 2018
CJA03-0401. Office of General Counsel. Amend. Deletes certain unnecessary and outdated provisions. Removal of the language in lines 39-42 does not abdicate Judges’ responsibility to make their own decisions pursuant to the Code of Judicial Conduct.
CJA03-0414. Court Security. Amend. Allows the Court Security Director to possess a firearm and ammunition in a courthouse when qualified.
CJA04-0202.03. Records Access. Amend. Allows for access to certain records for Licensed Paralegal Practitioners. Allows access to juvenile court social records by entities or individuals providing services to juveniles.
CJA04-202.09. Miscellaneous. Amend. Adds specific requirements for records access requests for email correspondence. Corrects previous publication error regarding Tax-related Records and removal of language requiring certification of omitting / redacting all non-public information from the record.
CJA04-0403. Electronic Signature and Signature Stamp Use. Amend. Adds “orders appointing a court visitor” to the list of documents on which a clerk may use a judge’s signature stamp, with prior approval from a judge or commissioner.
CJA04-0701. Failure to Appear. Amend. Deletes the reference to failures to appear as a separate offense pursuant to S.B. 58, which eliminated the crime of failure to appear on a citation.
Posted: October 4, 2018
Rules of Civil Procedure – Effective November 1, 2018
URCP073. Attorney Fees. Amend. An overwhelming number of cases filed in the courts, especially debt collection cases, result in the entry of an uncontested judgment. The work required in most cases to obtain an uncontested judgment does not typically depend on the amount at issue. The amendments eliminate the schedule of fees based on the amount of damages and replace it with a single fee upon entry of an uncontested judgment and a larger fee in contested cases. Where additional work is required to collect on the judgment, the amendments provide a default amount for writs and certain motions, and eliminate the “considerable additional efforts” limitation of the prior rule. The rule remains flexible so that when attorney fees exceed the scheduled amounts, a party remains free to file an affidavit requesting appropriate fees in accordance with the rule.
URCP073. Advisory Committee Notes.
Posted: September 27, 2018
Rules Governing Licensed Paralegal Practitioners – Effective November 1, 2018
Article 10. IOLPPTA.
URGLPP15-01001. IOLPPTA.
Posted: September 13, 2018
Rules Governing Licensed Paralegal Practitioners – Effective November 1, 2018
Information About Legal Services
URGLPP7.01. Communications concerning a licensed paralegal practitioner’s services.
URGLPP7.02. Advertising.
URGLPP7.03. Solicitation of clients.
URGLPP7.04. Communication of fields of practice.
URGLPP7.05. Firm names and letterheads.
URGLPP7.06. Reserved.
Maintaining the Integrity of the Profession
URGLPP8.01. Licensing and disciplinary matters.
URGLPP8.02. Judicial officials.
URGLPP8.03. Reporting professional misconduct.
URGLPP8.04. Misconduct.
URGLPP8.05. Disciplinary authority; choice of law.
Posted: September 13, 2018
Rules Governing Licensed Paralegal Practitioner – Effective November 1, 2018
Firms and Associations
URGLPP5.01. Responsibilities of partners, managers, and supervisory licensed paralegal practitioners.
URGLPP5.02. Responsibilities of a subordinate licensed paralegal practitioner.
URGLPP5.03. Responsibilities regarding non-lawyer and non-licensed paralegal practitioner assistants.
URGLPP5.04. Professional independence of a licensed paralegal practitioner.
URGLPP5.05. Unauthorized practice of law; multijurisdictional practice of law.
URGLPP5.06. Restrictions on right to practice.
URGLPP5.07. Reserved.
Public Service
URGLPP6.01. Voluntary pro bono legal service.
URGLPP6.02. Reserved.
URGLPP6.03. Membership in legal services organization.
URGLPP6.04. Law reform activities affecting client interests.
URGLPP6.05. Nonprofit and court-annexed limited legal services programs.
Posted: September 13, 2018
Rules Governing Licensed Paralegal Practitioner – Effective November 1, 2018
Counselor
URGLPP2.01. Advisor.
URGLPP2.02. Reserved.
URGLPP2.03. Evaluation for use by third persons.
URGLPP2.04. Reserved.
Advocate
URGLPP3.01. Meritorious claims and contentions.
URGLPP3.02. Reserved.
URGLPP3.03. Candor toward the tribunal.
URGLPP3.04. Fairness to opposing party and counsel.
URGLPP3.05. Impartiality and decorum of the tribunal.
URGLPP3.06. Reserved.
URGLPP3.07. Reserved.
URGLPP3.08. Reserved.
URGLPP3.09. Reserved.
Transactions with Persons Other Than Clients
URGLPP4.01. Truthfulness in statements to others.
URGLPP4.02. Communication with persons represented by counsel.
URGLPP4.03. Dealing with unrepresented person.
URGLPP4.04. Reserved.
Posted: September 13, 2018
Rules Governing Licensed Paralegal Practitioner – Effective November 1, 2018
Client-LPP Relationship
URGLPP1.00. Terminology.
URGLPP1.01. Competence.
URGLPP1.02. Scope of representation and allocation of authority between client and licensed paralegal practitioner and notice to be displayed.
URGLPP1.03. Diligence.
URGLPP1.04. Communication.
URGLPP1.05. Requirements for written contract and fees.
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.
URGLPP1.010. Imputation of conflicts of interest: general rule.
URGLPP1.011. Special conflicts of interest for former and current government employees.
URGLPP1.012. Arbitrator, mediator or other third-party neutral.
URGLPP1.013. Organization as a client.
URGLPP1.014. Client with diminished capacity.
URGLPP1.015. Safekeeping property.
URGLPP1.016. Declining or terminating representation.
URGLPP1.017. Sale of licensed paralegal practice.
URGLPP1.018. Duties to prospective client.