Posted: May 12, 2016
Rules of Civil Procedure – Effective November 1, 2016
URCP054 Judgment; costs. Amend. Establishes a process to add attorney fees and costs to a judgment.
URCP054 Advisory Committee Notes
URCP058A Entry of judgment; abstract of judgment. Amend. In conjunction with amendments to rule 4 of the Utah Rules of Appellate Procedure, establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under rules 50, 52, and 59 of the Rules of Civil Procedure, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.
URCP058A Advisory Committee Note
URCP073 Attorney fees. Amend. Modifies the process for claiming attorney fees. Adopts many features of FRCP 54(d).
Posted: May 12, 2016
Rules of Appellate Procedure – Effective November 1, 2016
URAP004 Establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under Rules of Civil Procedure 50, 52 or 59, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.
URAP028A Outlines different processes for mediation in the Supreme Court and the Court of Appeals. Provides that the denial of a mediation request does not prevent parties from engaging in private mediation or settlement negotiations. Makes technical changes.
Posted: April 26, 2016
Code of Judicial Administration – Effective May 1, 2016
CJA03-302 Clerk of Court. Amend. Provides that the clerk’s office shall be open during all business hours except Saturdays, Sundays, and holidays. Provides that during hours of operation the clerk or deputy shall be physically present, or immediately available remotely.
CJA03-306.01 Language access definitions. New. Defines terms applicable to rules 3-306.02 through 3-306.05 of the Utah Code of Judicial Administration. Deletions and additions to the language are redlined.
CJA03-306.02 Language Access Committee. New. Outlines the Language Access Committee’s responsibilities. Deletions and additions to the language are redlined.
CJA03-306.03 Interpreter certification. New. Outlines the process for becoming a certified interpreter. Provides a process whereby an exception may be made to one or more of the requirements as determined by the Language Access Committee. Reiterates the policy that contract interpreters are independent contractors. Deletions and additions to the language are redlined.
CJA03-306.04 Interpreter appointment, payment, and fees. New. Outlines the interpreter appointment process. Provides that the Judicial Council will review a market study every three years in order to set hourly rates for interpreters. Deletions and additions to the language are redlined.
CJA03-306.05 Interpreter removal, discipline, and formal complaints. New. Outlines the interpreter discipline process. Provides that an interpreter may be disciplined for unprofessional conduct, or for being convicted of, or charged with, a crime. Revises the formal complaint process so that following a proposed resolution by the Language Access Program Coordinator, an interpreter may request a hearing before a panel of the Language Access Committee, and may appeal that panel’s decision to the Language Access Committee. Deletions and additions to the language are redlined.
CJA04-106 Electronic conferencing. Amend. Authorizes the use of remote conferencing in lieu of personal appearances when certain requirements are met.
CJA04-408.01 Responsibility for administration of trial courts. Amend. Removes Morgan from the list of district courts administered by a county or municipality, since it is administered by the Administrative Office of the Courts.
CJA04-602 Victims’ Rights Committees. Repeal. Repeals the rule because the process for establishing Victims’ Rights Committees is now outlined by Utah Code section 77-37-5.
CJA09-105 Justice Court hours. Amend. Provides that during hours of operation, the justice court judge or clerk shall be physically present, or immediately available remotely.
CJA09-302 Mandatory electronic filing. New. Provides that e-filing will be discretionary in justice court criminal cases from July 1, 2016 to December 31, 2016. Provides that e-filing will be mandatory in justice court criminal cases beginning January 1, 2017.
CJA01-201 Membership – Election. Amend. Provides that Council members are not eligible to be voting members of a Board of Judges of a trial court.
Posted: March 4, 2016
Code of Judicial Administration – Effective May 1, 2016
CJA03-0114. Judicial outreach. Amend. Reorders the intent language. Provides that model outreach programs shall take into account existing curricula. Requires the committee to propose and implement rather than develop policies that encourage judicial participation in outreach programs.
CJA04-0202.02. Records classification. Amend. Deletes maiden name and mother’s maiden name from the lists of private and safeguarded information. Classifies juvenile mediation disposition notices as juvenile court social records. Notes a statutory exception to the protection of certain victim information.
CJA04-0503. Mandatory electronic filing. Amend. Requires an attorney seeking an exemption from efiling to submit a written request to the District Court Administrator.
Judicial Council Minutes – January, 2016
Judicial Council Minutes – February, 2016
Posted: March 4, 2016
Code of Judicial Administration – Effective December 14, 2015
CJA01-0205 Standing and ad hoc committees. Amend. Creates a standing committee of the Judicial Council to address pretrial release and supervision. Effective December 14, 2015 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.
CJA03-0116 Pretrial Release and Supervision Committee. New. Outlines the responsibilities of the Judicial Council’s Standing Committee on Pretrial Release and Supervision. Effective December 14, 2015 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.
Posted: March 4, 2016
Rules of Civil Procedure – Effective May 1, 2016
URCP 006. Time. Amend. Corrects references to amended rules 50 and 60.
URCP 008. General rules of pleadings. Amend. Changes the phrase “contributory negligence” to “comparative fault,” in keeping with Utah Code sections 78B-5-817.
URCP 011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Recognizes the requirements of Rule 5(f) for a notarized, verified or acknowledged signature.
URCP 050. Judgment as a matter of law in a jury trial; related motion for a new trial; conditional ruling. Amend. Adopts many of the provisions of FRCP 50. Changes the name from “directed verdict” to “judgment as a matter of law.” Eliminates the requirement that the motion be renewed at the close of all evidence. Extends to 28 days after the judgment the time in which to renew the motion for judgment as a matter of law. Describes the effect of trial court rulings reversed on appeal.
URCP 052. Findings and conclusions by the court; amended findings; waiver of findings and conclusions; correction of the record; judgment on partial findings. Adopts many of the provisions of FRCP 52. Provides for judgment on partial findings, which will replace an equivalent provision in Rule 41(b). Extends to 28 days after the judgment the time in which to file a motion to amend or make additional findings.
URCP 055. Default. Amend. Requires the plaintiff to provide a verified complaint or affidavit setting forth the necessary facts to establish the amount of the claim, after deducting credits, and verifies that the amount is warranted by information in the plaintiff’s possession.
URCP 059. New trial; amendments of judgment. Amend. Adopts many of the provisions of FRCP 59. Extends to 28 days after the judgment the time in which to file a motion for new trial or a motion to amend or alter the judgment. Allows the court to grant, after notice and an opportunity to be heard, a motion for a new trial for a reason not stated in the motion.
URCP 060 Relief from judgment or order. Amend. Style changes intended to simplify and clarify the rule.
URCP 063. Disability or disqualification of a judge. Amend. Allows a second or subsequent motion to disqualify a judge if the motion is based on grounds that the party did not know of and could not have known of at the time of the earlier motion. Requires a request to submit for decision with the motion. Expressly prohibits a response from another party.