Utah Court Rules – Approved – Page 27 – <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: 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.

Supreme Court Order

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 Deletes certain unnecessary and outdated provisions.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.

Judicial Council Order

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.

Supreme Court Order

Posted: September 27, 2018

Rules Governing Licensed Paralegal Practitioners – Effective November 1, 2018

Article 10. IOLPPTA.

URGLPP15-01001. IOLPPTA.

Supreme Court Order

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.

Supreme Court Order

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.

Supreme Court Order

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.

Supreme Court Order

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.

Supreme Court Order

Posted: September 13, 2018

Rules Governing Licensed Paralegal Practitioner – Effective November 1, 2018

Article 8. Reserved.

Article 9. Reserved.

Article 10. Reserved.

Article 11. Resolution of Fee Disputes for Licensed Paralegal Practitioners

URGLPP15-01101. Definitions.

URGLPP15-01102. Purpose and composition of the committee.

URGLPP15-01103. Exclusions.

URGLPP15-01104. Petition; agreement to arbitrate, answer, discovery; and extension.

URGLPP15-01105. Selection of the arbitration panel; additional claims.

URGLPP15-01106. Conduct of the hearing; evidence and civil procedure; right to counsel; right to record hearing; effect of failure to appear; postponements.

URGLPP15-01107. Award; form; service of award; judicial confirmation of award.

URGLPP15-01108. Relief granted by award; accord and satisfaction application to court; confidentiality; enforceability of award; claims of malpractice.

URGLPP15-01109. Ex parte communication between the parties and the panel members.

URGLPP15-01110. Necessary parties.

URGLPP15-01111. Exemption from future testimony and confidentiality of records and information.

URGLPP15-01112. Request and agreement to mediate fee dispute, answer.

URGLPP15-01113. Selection of mediator.

URGLPP15-01114. Matters entitled to mediation.

URGLPP15-01115. Mediation is voluntary.

URGLPP15-01116. Conduct of the mediation.

URGLPP15-01117. Confidentiality.

URGLPP15-01118. Ex parte communications with the mediator.

URGLPP15-01119. Exemption from future testimony.

URGLPP15-01120. Mediation agreement.