Posted: May 20, 2024
Code of Judicial Administration – Effective Date May 1, 2024
CJA04-0601. Selection of indigent aggravated murder and defense fund counsel (REPEAL)
Under Senate Bill 160, effective May 1, 2024, the Office of Indigent Defense Services will be responsible for administering the Indigent Aggravated Murder Defense Fund and assigning an indigent defense service provider to represent individuals prosecuted for aggravated murder. As such, rule 4-601 has been repealed.
CJA02-0212. Communication with the Office of Legislative Research and General Counsel (AMEND)
House Bill 344, effective May 1, 2024, combines the legislature’s “Judicial Rules Review Committee” and “Administrative Rules Review and General Oversight Committee” into one committee called the “Rules Review and General Oversight Committee.” The amendments bring the rule in line with new reporting requirements in the bill.
CJA04-0907. Divorce education and divorce orientation course (AMEND)
Under House Bill 337, effective May 1, 2024, the Judicial Council must provide a separate mandatory parenting course “for unmarried parties in a parentage action determining issues of child custody and parent-time.” Until the unmarried parties course is available, unmarried parties must attend the married parents course.
CJA04-0601. Judicial Council Order
Posted: May 20, 2024
Code of Judicial Administration – Effective May 1, 2024
CJA01-0201. Judicial Council Membership – Election (AMEND)
Adds a Business and Chancery Court judge member to the Judicial Council.
CJA03-0201. Court commissioners (AMEND)
Eliminates standing commissioner nominating committees. New nominating committees will be formed each time a vacancy occurs.
Posted: April 26, 2024
Rules of Appellate Procedure – Effective May 1, 2024
URAP010.Procedures for summary disposition or simplified appeal process. The amendments to Rule 10 include: (1) adding a provision to allow the appellate courts to dismiss an appeal for failure to prosecute if, after 150 days, the reasons the appeal was tolled under Rule 4(b) or Rule 4(c) are not resolved; and (2) to clean-up for clarity and consistency.
URAP057.Record on appeal; transmission of record; supplementation of the record. The amendment to Rule 57 modifies the definition of the record on appeal for child welfare cases, and makes the rule consistent with Rule 11.
Posted: April 3, 2024
Rules of Appellate Procedure – Effective May 1, 2024
URAP003. Appeal as of right – how taken; URAP005. Discretionary appeals from interlocutory orders; URAP014. Review of administrative orders: how obtained; intervention; URAP019. Extraordinary relief; and URAP048. Time for petitioning. (Amend). The amendments to Rules 3, 5, 14, 19, and 48 modify the fee provision language in each rule to direct parties to the requirements of Rule 21, which addresses filing and service, and its provisions regarding payment of filing fees.
Additionally, the amendments to Rule 14 adds a provision for agencies to file the record within 21 days upon receiving a request from the appellate courts.
URAP021. Filing and service. (Amend). The amendments to Rule 21: (1) notify parties that the appellate courts are transitioning to an e-filing system; (2) specify the date when all licensed attorneys will be required to file using the e-filing system; (3) explain that filing fees will be required to be paid through the e-filing system when documents are e-filed; (4) clarify that failure to pay a filing fee may result in dismissal; and (5) update the provisions regarding service for documents that are e-filed.
URAP026. Filing and serving briefs. (Amend). The amendments to Rule 26: (1) update paragraph (b) to include a requirement for copies of briefs that are e-filed; and (2) clarify paragraph (d) to make clear that only physical records need be returned.
URAP027. Form of briefs, motions, and other documents. (Amend). The amendments to Rule 27: (1) provide more detailed guidance for preparing the caption for briefs and conform the rule to current practice; (2) remove the requirement that opposing counsel be listed on the cover, as this information will be included on a following page; (3) clarify the requirements for captions on petitions and motions or other documents that are not a brief or petition; and (4) require hard copies of briefs be submitted to the appellate courts using only a binder clip, rather than a velo or similar binding along the left edge.
Posted: April 2, 2024
Rules of Juvenile Procedure – Effective May 1, 2024
URJP019C. Delinquency, traffic and adult criminal matters. Amend. The approved amendments to Rule 19C include: (1) modifying the heading and the addition of a new paragraph (a) that provides the scope of this rule; (2) the addition of a new paragraph (f) to provide direction regarding motions on the justification of the use of force as a defense; and (3) stylistic and grammatical changes.
Posted: March 1, 2024
Rules of Evidence – Effective February 29, 2024
As amended, Rule 7B(b) permits findings of probable cause to be based “in whole or in part, on reliable hearsay.” However, as amended, Rule 1102(d)(2)(e) conditions the admissibility of reliable hearsay on the presentation of testimony under Rule 7B(d)(2). In turn, Rule 7B(d)(2) permits a prosecutor to “present the testimony of any relevant witness,” including “of an investigating peace officer,” and permits either side to “introduce, through direct or cross examination, the testimony of an investigating peace officer,” including as to “the totality or details of an investigation of the crime for which the defendant is charged.” Additionally, Rule 1102(e) specifies that the prosecutor “is not required to introduce evidence” corroborating a declarant’s statement submitted under Rule 1102(b)(8), and “may, but is not required to, call the declarant” of such a statement at the preliminary examination. Further, Rule 1102(e) states that paragraph (e) “does not otherwise limit a defendant’s right to call witnesses under Rule 7B . . . .”
URE1102. Reliable Hearsay in Criminal Preliminary Examinations. Amend.
Posted: March 1, 2024
Rule of Criminal Procedure – Effective February 29, 2024
URCrP007B. Preliminary examinations. Amended. Having passed the Senate, HJR013 is now in effect, which amends Rule 7B of the Utah Rules of Criminal Procedure. The amendments to Rule 7B permit a court to find probable cause at a preliminary examination based on reasonable hearsay and control what witnesses a prosecutor may call, subject to direct and cross examination.
Posted: February 27, 2024
Code of Judicial Administration – Effective February 27, 2024
CJA03-0306.02. Language Access Committee (AMEND). Removes the reference to rule Rule 3-306.05.
Judicial Council Order for CJA 3-306.02
CJA03-0306.03. Interpreter credentialing (AMEND). Clarifies that the rule does not apply to staff interpreters employed by the court and gives the Language Access Program Manager the discretion to grant a rare language exemption without approval from the Language Access Committee.
Judicial Council Order for CJA 3-306.03
CJA03-0306.04. Interpreter appointment, payment, and fees (AMEND). 1) Allows judicial officers to appoint “approved” interpreters in legal proceedings without exhausting the list of “certified” interpreters; 2) prevents court employees not hired as staff interpreters from interpreting legal proceedings; and 3) removes language regarding staff interpreter employee benefits.
Judicial Council Order for CJA 3-306.04
CJA03-0306.05. Interpreter removal, discipline, and formal complaints (REPEALED)
Posted: February 21, 2024
Rules of Appellate Procedure – Effective May 1, 2024
URAP011. The Record on appeal. The amendments to Rule 11 clarify: (1) that exhibits will also be included in the record along with a list of all exhibits; and (2) how parties can access sealed records on appeal. The second change is in response to the Supreme Court’s opinion in State v. Chadwick, 2023 UT 12.
URAP022. Computation and enlargement of time. Rule 22 paragraph (b)(4)(D) was amended so the rule will match the long-standing procedure used in the appellate clerk’s office. The advisory committee note was also updated to remove the same language that was removed from paragraph (b)(4(D).
URAP052. Child welfare appeals. In accordance with the Supreme Court’s opinion in A.S. v. State, 2023 UT 11, Rule 52 was amended to: (1) modify the title of paragraph (c) to mirror the title used in paragraph (d) of Rule 4; and (2) add a procedure for a parent to file a motion to reinstate the period for filing a direct appeal if the parent demonstrates that they were deprived of the right to appeal.