Posted: November 29, 2017
Rules of Appellate Procedure – Effective May 1, 2018
URAP021. Filing and service. Amend. Amended Rule 21 clarifies the “prisoner mailbox rule,” which will promote consistency, clarity, and certainty in inmate litigation. A virtually identical amendment has also been added to the Utah Rules of Civil Procedure.
URAP025. Brief of an amicus curiae or guardian ad litem. Amend. This is a conforming amendment to amended URAP 25A.
URAP025A. Challenging the constitutionality of a statute or ordinance. Amend. This amendment gives the Attorney General the right to appear at oral argument whenever an amicus brief has been filed pursuant to the rule.
URAP030. Decision of the court: dismissal; notice of decision. Amend. The amendment, which deletes the word “dismissal” in the title, corrects an anomaly because nowhere in the rule does it mention the word or provide for dismissing an appeal.
URAP037. Suggestion of mootness; voluntary dismissal. Amend. The proposed amendment makes several changes to the rule.
- Subdivision (a). The changes are intended to clarify and simplify a party’s obligation to bring to the court’s attention those circumstances that render moot one or more issues presented for review on appeal.
- Subdivision (b). The amended subdivision provides that if all parties to an appeal agree that the appeal should be dismissed, and if they stipulate to a motion for voluntary dismissal, then the appeal must be promptly dismissed. The committee felt that the proposed change would encourage prompt and efficient settlements. It also felt that dismissal of the appeal is constitutionally appropriate when the parties have agreed to a voluntary dismissal because there is no longer a justiciable case or controversy. Finally, the committee considered deleting the last sentence on fees and costs, but instead it opted to simply rework the sentence to read: “The stipulation must specify the terms of payment of costs and fees, if any.”
- Subdivision (c). The proposed amendment provides an efficient way for an attorney who is unable to contact his or her client to obtain the necessary affidavit to support a motion for voluntary dismissal, while still protecting the appellant’s right to appeal. The proposal also requires the attorney to certify that he or she has reasonable grounds to believe that the appellant no longer wishes to pursue the appeal. The committee concluded that a certification from the attorney is appropriate because it safeguards the appellant’s right to an appeal, and it also avoids having the attorney reveal confidential communications with the client in an affidavit.
- Subdivision (d). The current subdivision —“[a] suggestion of mootness or motion for voluntary dismissal shall be subject to the appellate court’s approval”— has been deleted for the same reasons mentioned in subdivision (b).
Posted: October 19, 2017
Rules of Juvenile Procedure – Effective November 1, 2017
Rules 19, 19A, 19B and 19C are designed to provide greater clarity and specificity regarding juvenile court practice pertaining to responsive pleadings, motions, orders, expedited hearings and motion practice in delinquency proceedings.
Posted: August 3, 2017
Rules of Appellate Procedure – Effective November 1, 2017
URAP024 – Amend. The proposed amendment substantially changes the organization and content of briefs. An important objective of the amendment is to present the party’s case in logical order, in measured increments, and without unnecessary repetition. The principal brief of each party must meet the same requirements.
URAP024A – New. The proposed rule collects in one separate rule the briefing requirements in cross-appeals. The briefing requirements have also been clarified and simplified for ease of use.
Posted: June 16, 2017
Rules of Professional Conduct – Effective November 1, 2017
RPC01.00 Terminology. Amend. In conformity with amendments to Rule 3.3, adds the definition of “reckless or recklessly.”
RPC03.03. Candor toward the Tribunal. Amend. In response to In re Larsen, 2016 UT 26, adds a prohibition against a lawyer “recklessly” making false statements to a tribunal and repeals and reenacts Comment [3].
RPC01.04 Technical amendment only.
RPC01.06 Technical amendment only.
RPC01.07 Technical amendment only.
RPC01.08 Technical amendment only.
RPC01.09 Technical amendment only.
RPC01.10 Technical amendment only.
RPC01.11 Technical amendment only.
RPC01.12 Technical amendment only.
RPC01.17 Technical amendment only.
RPC01.18 Technical amendment only.
RPC02.03 Technical amendment only.
RPC02.04 Technical amendment only.
RPC03.05 Technical amendment only.
Posted: June 15, 2017
Code of Judicial Administration – Effective November 1, 2017
CJA11-0103. Amend. The amendments will require the Supreme Court’s rules advisory committees to submit rules to the Supreme Court before they are published for public comment.
CJA11-0201. Amend. The first set of amendments helps to distinguish between active senior judges and inactive senior judges. The second set of amendments creates a process for the Supreme Court to review senior judge applications and for the applicant to submit information directly to the Supreme Court.
CJA11-0203. Amend. The first set of amendments helps to distinguish between active senior judges and inactive senior judges. The second set of amendments creates a process for the Supreme Court to review senior judge applications and for the applicant to submit information directly to the Supreme Court.
Posted: June 13, 2017
Rules of Juvenile Procedure – Effective November 1, 2017
URJP018 Adds language regarding the ability to serve a pleading by email on an attorney who has an email account on file with the Utah State Bar. Clarifies that eFiling in the Juvenile Court’s Court and Agency Records Exchange (C.A.R.E.) does not constitute service upon a party and that an agreement to accept email service is not required to effectuate the provisions of Rule 18.
Posted: May 30, 2017
Code of Judicial Administration – Effective November 1, 2017
CJA04-103 Civil calendar management. Amend. Pursuant to Cannon v. Holmes, 2016 UT 42, and Civil Rule 41, requires that all orders of dismissal entered under the rule must contain the language “without prejudice.”
CJA4-202.09 Miscellaneous. Amend. Provides that records in property and use tax cases involving commercial information as that term is defined in Utah Code § 59-1-404 are protected. If a request is made to access a record or records, the records will be released within 14 days, except for specific records ordered by the court as sealed, private, protected, or safeguarded. 30 days after the court issues a non-appealable, final order, all records will be public, except as otherwise classified.
CJA09-301 Record of arraignment and conviction. Repeal. The Court of Appeals has determined that failure to follow this rule does not affect the validity of a plea or conviction with respect to enhancements. State v. Gonzales, 2005 UT App 538, 127 P.3d 1252. The rule is also redundant to other rules and statutes. See, e.g., URCrP Rule 11, CJA Rule 4-609, Utah Code § 53-10-208.1.
Posted: May 30, 2017
Code of Judicial Administration – Effective May 22, 2017
CJA01-0205 Standing and ad hoc committees. Amend. Expands committee composition to include one educator from a paralegal program or law school and one person skilled in linguistics or communication.
Posted: April 11, 2017
Code of Judicial Administration – Effective May 1, 2017
CJA11-0103. Amend. The amendments will require the Supreme Court’s rules advisory committees to submit rules to the Supreme Court before they are published for public comment.