Posted: June 18, 2020
Rules of Appellate Procedure – Effective November 1, 2020
URAP035. Petition for rehearing. Amend. The amendments to Rule 35: (1) provide a mechanism for filing a letter for nonsubstantive/clerical errors, (2) incorporate Standing Order 11 (regarding filing documents by email), and (3) include general cleanup for clarity and consistency.
URAP036. Remittitur. Amend. The amendments to Rule 36 incorporate Standing Order 11 (regarding filing documents by email) and include general cleanup for clarity and consistency.
Posted: June 18, 2020
Rules of Appellate Procedure – Effective June 7, 2020
URAP037. Suggestion of mootness; voluntary dismissal. Amend. The amendments to Rule 37 update the statutory reference related to declarations. These amendments were expedited on June 9, 2020 under Rule 11-105.
Posted: June 12, 2020
Rules of Juvenile Procedure – Effective November 1, 2020
URJP009. Detention hearings; scheduling; hearing procedures. Amended. Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113 and brings rule in compliance with H.B. 384-Juvenile Justice Amendments (2020) and prior juvenile justice reforms. The revisions place restrictions on the amount of time and the conditions under which the minor may be held in detention. Requires a court determination of grounds for admission within 24 hours including weekends and holidays. Revises standard from reasonable basis to probable cause. Deletes the Advisory Committee Note.
URJP032. Initiation of ungovernability and runaway cases. Amended. Revised to reflect that petitions related to children who are ungovernable or are runaways may only be filed by the Division of Juvenile Justice Services pursuant to statutory changes contained in S.B.65-Child Welfare Amendments (2020).
Posted: June 10, 2020
Code of Judicial Administration – Effective May 12, 2020
CJA01-0205. Standing and ad hoc committees (AMEND)
Amends the title of the Uniform Fine and Bail Schedule Committee to the “Uniform Fine Committee.”
CJA04-0302. Uniform recommended fine/bail schedule (AMEND)
Amends the title of the rule to the “Recommended Uniform Fine Schedule,” deletes “bail” and/or replaces “bail” with “fine,” deletes “and a youth offender schedule” because the Uniform Fine Schedule no longer includes fines regarding youth, minors, or juvenile court, and in regard to presentence investigation reports, deletes “prepared by the Department of Corrections” and the “Juvenile Court Probation Department” because that is not always the case.
CJA04-0701. Failure to appear (AMEND)
Replaces “forfeit bail” with “remit a fine” and replaces “bail” with “fine.”
CJA04-0704. Authority of court clerks (AMEND)
Amends “bail” to “fines.”
Amends “bail schedule” to “fine schedule.”
Changes the name of the schedule to the “Uniform Fine Schedule.”
Posted: June 4, 2020
Rules of Appellate Procedure – Effective November 1, 2020
URAP009. Docketing statement. Amend. The amendments to Rule 9 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.
URAP019. Extraordinary writs. Amend. The amendments to Rule 19 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.
URAP028A. Appellate Mediation Office. Amend. The amendments to Rule 28A incorporate the advisory committee note into the language of the rule and repeal the note.
URAP033. Damages for delay or frivolous appeal; recovery of attorney fees. Amend. The amendments allow the court to impose sanctions without a hearing or at the court’s discretion, so long as the party is provided with notice and an opportunity to respond.
URAP044. Transfer of improperly pursued appeals. Amend. The amendments to Rule 44 incorporate the advisory committee note into the language of the rule and repeal the note.
Posted: June 4, 2020
Rules Governing Licensed Paralegal Practitioner – Effective November 1, 2020
URGLPP15-0707. Application; deadlines; withdrawals; postponements and fees. Amend. The amendments to CJA Rule 15-707 allow Licensed Paralegal Practitioner (LPP) applicants to submit an application before completing the national certification requirement so long as that certification is completed within one year of passing the LPP exam. LPPs must complete the national certification before obtaining a license.
Posted: May 28, 2020
Rules of Juvenile Procedure – Effective May 13, 2020
URJP052. Appeal. Amended. The rule increases from 20 days to 21 days the time in which a party may petition for permission to appeal from an interlocutory order after the entry of the order of the juvenile court. This mirrors the 21 day standard contained in Rule 5(a) of the Utah Rules of Appellate Procedure.
Posted: May 1, 2020
Code of Judicial Administration – Effective May 1, 2020
CJA01-0204. Executive Committees (AMEND). The Judicial Council formalized a new executive committee, the Budget and Fiscal Management Committee. Proposed amendments add the Budget and Fiscal Management Committee to the executive committee list, and define the Committee’s duties.
CJA03-0406. Budget and Fiscal Management (AMEND). The proposed amendments reflect the Judicial Council’s policy change regarding its budget process.
CJA01-0205. Standing and Ad Hoc Committees (AMEND). The Judicial Council’s Standing Committee on the Online Court Assistance Program (OCAP) no longer exists. Proposed amendments remove the OCAP member positions from the Committee on Resources for Self-Represented Parties and the Committee on Court Forms.
CJA03-0111. Performance Evaluation of Active Senior Judges and Court Commissioners (AMEND). The reporting standards for active judges versus senior judges and commissioners were different. Utah Code 78A-2-223 sets a standard of two months for trial judges. For consistency, the proposed amendments change the standard for senior judges and commissioners from “60 days” to “two months.”
CJA04-0905. CJA 4-905. Restraint of Minors in Juvenile Court (AMEND). The proposed amendment eliminates the subsection of the referenced statute to avoid outdated citations in the future.
CJA10-01-202. Verifying Use of Jury (REPEALED). The Second District Court requested that local supplemental rule CJA 10-1-202 be repealed because it is no longer needed. The Second District follows practices set forth in general rules observed by all other judicial districts.
CJA Appendix F. Utah State Court Records Retention Schedule. Eliminates the requirement that the enhancement forms previously required under Rule 9-301 be retained permanently. Because Rule 9-301 was repealed, those records should now be destroyed at the same time as the file to which the record pertains. Changes the retention for domestic violence cases to ten years to reflect the change in statute that makes those offenses enhanceable for ten years.
Posted: April 14, 2020
Rules of Juvenile Procedure – Effective May 1, 2020
URJP027A. Admission of statements given by minors. Amended. Revised to delete paragraph (a)(2) due to concerns that the language may unconstitutionally shift the burden to a juvenile to show that the juvenile did not knowingly and voluntarily waive his or her rights. Clarifies that the state retains the burden of proving that the waiver was knowing and voluntary regardless of the child or minor’s age. Also deletes the Advisory Committee Note.