Posted: March 27, 2018
Rules of Civil Procedure, Rules of Criminal Procedure, Code of Judicial Administration – Effective April 1, 2018
Utah Rules of Civil Procedure
URCP063. Disability or disqualification of a judge. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the reviewing or assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.
Utah Rules of Criminal Procedure
URCrP029. Disability and disqualification of a judge or change of venue. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.
Utah Code of Judicial Administration
UCJA09-0109. Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges, associate presiding judges, and education directors for justice courts. Effective April 1, 2018 pursuant to UCJA Rule 2-205.
Supreme Court Order – rule 9-109
Posted: March 26, 2018
Rules of Criminal Procedure – Effective May 1, 2018
URCrP007 Amend. The provisions in existing rule 7 are being divided into separate rules, each dealing with a different subject. Rule 7 will now address initial proceedings for class A misdemeanors and felonies.
URCrP007A New. The rule addresses procedures for class B & C misdemeanors and infractions. The rule also adds specific provisions on pretrial release conditions.
URCrP007B New. The rule addresses preliminary hearings. The rule generally reflects existing language.
URCrP007C New. The rule addresses the procedures for material witnesses. The rule generally follows existing language.
URCrP009 New. The new rule 9 will establish procedures for warrantless arrests. Of particular interest to practitioners may be the time-frames related to pretrial release decisions and deadlines for filing informations.
URCrP009A New. The rule creates procedures for arrests pursuant to a warrant and includes specific procedures on pretrial release decisions.
Posted: March 16, 2018
Rules of Juvenile Procedure – Effective May 1, 2018
URJP007 Amend. Warrants. Contains revisions necessitated by new statute section 78A-6-106.5 promulgated by H.B. 239 – Juvenile Justice Amendments.
URJP015 Amend. Preliminary inquiry; informal adjustment without petition. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.
URJP016 Amend. Transfer of delinquency case for preliminary inquiry. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments. Clarifies applicability of certain rule provisions to a child (under the age of 18) and a minor (under the age of 21).
URJP023A Amend. Hearing on conditions of Section 78A-6-702. Changes burden of proof to preponderance to bring rule into conformity with 2015 statute change.
URJP033 Amend. Preliminary orders and summary proceedings. Deletes provisions related to the ability to place non-resident runaways into the custody of the Division of child and Family Services.
URJP037 Amend. Adds reference to the statutory provisions in Section 78A-6-1111 pertaining to limitations on the appointment of counsel for indigent parties.
Posted: March 7, 2018
Code of Judicial Administration – Effective May 1, 2018
CJA011-0401 New Rule 11-401: To establish a standing committee to assist the Board of Appellate Court Judges to determine a roster of attorneys eligible for appointment to represent indigent parties on appeal to the Utah Supreme Court and the Utah Court of Appeals.
Posted: March 1, 2018
Code of Judicial Administration – Effective May 1, 2018
CJA01-0205 Standing and ad hoc committees. Amend. Adds a justice court judge to the Standing Committee on Resources for Self-represented Parties.
CJA03-0104 Presiding judges. Amend. Moves and amends paragraph (c)(5) from Rule 7 of the Utah Rules of Criminal Procedure, which addresses the use of justice court judges as magistrates.
CJA03-0201 Court commissioners. Amend. Clarifies 1) how the districts and court levels that a commissioner will serve will be represented on the court commissioner nominating committee; 2) how a commissioner is selected if they will serve more than one judicial district or court level; 3) that the commissioner certification process addresses retention, not removal; 4) that when a commissioner serves two districts or court levels, the presiding judges will each prepare performance evaluations and performance plans; and 5) how the commissioner public comment period results are reviewed and used.
CJA06-0501 Reporting requirements for guardians and conservators. Amend. In conformity with H.B. 214 (2017), removes the requirement that a non-parent co-guardian report to the court when another co-guardian is the parent of the protected person.
Posted: February 8, 2018
Rules of Juvenile Procedure – Effective May 1, 2018
URJP014 Amend. Reception of referral, preliminary determination. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.
URJP017 Amend. The petition. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.
URJP034 Amend. Pretrial hearings in non-delinquency cases. Clarifies when the court may enter a default judgment.
URJP048 Amend. Post judgment motions. Renames rule from “New hearings” to “Post judgment motions” to more accurately reflect the full scope of the rule’s content. Reduces the time to file post judgment motions to 14 days from the 28 days provided by the Rules of Civil Procedure to avoid conflicts with the shorter time frames for filing expedited child welfare appeals.
Posted: January 17, 2018
Code of Judicial Administration – Effective May 1, 2018
CJA01-0201 Membership – Election. Amend. Changes the term start date for new Judicial Council members from the October Judicial Council meeting to the Judicial Council meeting immediately following the annual judicial conference.
Posted: December 7, 2017
Rules of Evidence – Effective May 1, 2018
URE1102 Amend. Amends the definition of reliable hearsay. Removes the requirement that a statement made by a child victim must be “promptly reported.”
Posted: November 29, 2017
Rules of Appellate Procedure – Effective November 15, 2017
URAP026. Filing and service of briefs. Amend. This is a conforming amendment to amended URAP 24 and recently enacted URAP 24A.
URAP029. Oral argument. Amend. This is a conforming amendment to amended URAP 24 and recently enacted URAP 24A.
Posted: November 29, 2017
Rules of Civil Procedure – Effective May 1, 2018
URCP005. Service and filing of pleadings and other papers. Amend. Provides that the court submitting a paper to the electronic filing service provider is a valid method of service if the person being served has an electronic filing account. Also provides that certificates of service are not required for papers that are prepared and served by the court when service to all parties is made under paragraph (b)(3)(A).
URCP006. Time. Amend. Adopts the prisoner mailbox rule, which provides that pleadings and papers filed or served by an inmate confined in an institution are timely if they are deposited in the institution’s internal mail system on or before the last day for filing. Also provides that when a party is not represented by an attorney, does not have an electronic filing account, and may or must act within a specified time after the filing of a paper, the period of time within which the party may or must act is counted from the service date and not the filing date of the paper.
URCP026.03. Subpoena. Amend. In response to recent legislative updates to Utah Code section 78B-6-810, changes the language in paragraphs (b)(2) and (c) from “occupancy hearing” to “evidentiary hearing” and removes the language “to determine occupancy” in those paragraphs. Also removes the reference to commercial tenants in paragraph (a).
URCP045. Subpoena. Amend. Makes a technical amendment in conformity with Rule 6.