Posted: March 28, 2017
Rules of Criminal Procedure – Effective May 1, 2017
URCrP004 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for filing informations.
URCrP004A New. The proposed new rule will address the process for prosecutions commenced by indictment.
URCrP004B New. The proposed new rule will address the process for prosecutions commenced by citation.
URCrP029 Amend. The proposed amendment will eliminate the presiding officer of the Judicial Council as a person to whom disqualification affidavits may be referred.
Posted: March 27, 2017
Code of Judicial Administration – Effective May 1, 2017
CJA04-0202.02 Records Classification. Amend. Classifies court records associated with actions for disease testing as sealed.
Posted: March 24, 2017
Rules of Civil Procedure – Effective May 1, 2017
Posted: January 9, 2017
Code of Judicial Administration – Effective December 19, 2016
CJA01-0205. Standing and ad hoc committees. Amend. Creates a new Judicial Council Standing Committee on Forms; provides committee composition.
Posted: January 5, 2017
Rules of Evidence – Effective May 1, 2017
URE0412 Amend. Changes the classification of records described in subparagraph (c)(3) from sealed to protected.
Posted: November 29, 2016
Rules of Civil Procedure – Effective May 1, 2017
URCP034 Production of documents and things and entry upon land for inspection and other purposes. Amend. The 2017 amendments to Rule 34(b)(2) adopt 1) the specificity requirement in the 2015 amendments to Federal Rule of Civil Procedure 34(b)(2)(B), 2) a portion of Federal Rule 34(b)(2)(C) dealing with the basis for an objection to production, and 3) some clarifying language from the federal note.
Posted: November 29, 2016
Rules of Criminal Procedure – Effective May 1, 2017
URCrP011 Amend. Clarifies the warning judges must give to defendants in domestic violence cases.
URCrP018 Amend. The proposed amendment replaces the current language on alternate jurors. The language is borrowed from the federal rules. The primary motivation behind the change is to eliminate the requirement that alternate jurors be discharged when the jury retires to deliberate.
URCrP022 Amend. The proposed changes to the rule will set out in more detail the circumstances under which a court may correct a sentence.
URCrP038 Amend. The proposed amendment clarifies that a defendant may withdraw an appeal prior to entry of a plea of guilt or prior to commencement of trial.
Posted: November 15, 2016
Rules of Appellate Procedure – Effective November 14, 2016
URAP022 Amended Appellate Rule 22 is a technical and conforming amendment to the changes to Appellate Rule 2, which took effect on November 1, 2016. The amendment to Rule 22 simply provides that it does not authorize the court to extend the jurisdictional deadlines specified by any of the rules listed in Rule 2.
Posted: October 31, 2016
Rules of Civil Procedure – Effective November 1, 2016
URCP004. Process. Amend. The proposed amendment eliminates the authority to serve a defendant any time before trial, see St. Jeor v. Kerr Corporation, 2015 UT 49, ¶2. It also allows for and describes acceptance of the summons and complaint, which replaces the section on waiver of service, and it requires proof of service to include a copy of the summons.
URCP015. Amended and supplemental pleadings. Amend. Adopts the federal rule governing relation-back of an amended pleading when the amended pleading adds a new party. See Wright v. P.K. Transport, 2014 UT App 93. ¶¶ 18-22, Voros concurring. Requires that the proposed amended pleading be attached to the motion for permission to file an amended pleading. Adopts many of the grammar and style amendments of the federal rule.
Posted: October 24, 2016
Code of Judicial Administration – Effective November 1, 2016
CJA11-0201 Senior judges. Amend. Provides that to be an active senior judge, a judge shall be both a current resident of Utah and be available to take cases. Also removes the reference to attorney survey results under the requirement that senior judges obtain results on their most recent judicial performance evaluation sufficient to have certified them for retention.
CJA11-0203 Senior justice court judges. Amend. Includes an allowance for judges who were laid off pursuant to Utah Code § 78A-7-203 to qualify as a senior justice court judge and adds an initial qualifying requirement that senior justice court judges obtain results on their most recent judicial performance evaluation sufficient to have certified them for retention.