Posted: July 29, 2016
Rules of Small Claims Procedure – Effective July 18, 2016
URSCP001 General provisions. Amend. The Utah Rules of Small Claims Procedure will not apply to cases removed from small claims court to district court, except as outlined in Rule 12.
URSCP002 Plaintiff beginning the case. Amend. Title changed to include “Plaintiff.”
URSCP002A Defendant’s removal from district court. New. Prescribes the procedures outlined in Utah Code Section 78A-8-102, authorizing a defendant to remove a case from district court to small claims court with the plaintiff’s stipulation.
URSCP003 Service of the affidavit and summons. Amend. Requires language in the summons sufficient to notify a defendant of his/her removal rights.
URSCP004 Counter affidavit. Amend. Provides an exception to the time limit for filing a counter affidavit when a defendant is removing the case pursuant to Rule 2A.
URSCP004A Defendant’s removal to district court. New. Provides defendants with the ability to remove a case filed in small claims court to district court for proceedings in accordance with the Utah Rules of Civil Procedure, including the option for a jury trial in the first instance.
URSCP012 Appeals. Amend. Provides parties the option of electing a jury trial de novo in the district court for cases tried in small claims without a jury and allows district court judges the option of requiring parties to exchange information prior to a de novo trial (with or without a jury). Notifies parties of their appellate rights when a case is removed to district court pursuant to Rule 4A.
Posted: July 14, 2016
Remote Hearings Rules – Effective November 1, 2016
URCrP017.5 New. Hearings with contemporaneous transmission from a different location.
URCP043 Amend. Evidence.
URJP029B New. Hearings with contemporaneous transmission from a different location.
URJP037B New. Hearings with contemporaneous transmission from a different location.
Supreme Court Order (Rule 17.5)
Supreme Court Order (Rules 29B and 37B)
Posted: July 13, 2016
Rules of Criminal Procedure – Effective November 1, 2016
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: July 1, 2016
Rules of Evidence – Effective July 1, 2016
URE0511 :Insurance Regulators. New. Creates a privilege for insurance regulators.
Posted: June 29, 2016
Code of Judicial Administration – Effective November 1, 2016
CJA03-0403 Judicial branch education. Amend. Gives the Management Committee authority to excuse an active senior judge applying for reappointment from completing the annual 30 hour education requirement based on good cause. To be eligible, the senior judge must have completed at least 60 total education hours in the two years preceding the effective date of reappointment.
CJA04-0202.02 Records classification. Amend. Classifies jail booking sheets and nonresident violator notices of compliance as private. Deletes language addressing appellate brief addenda as they are governed by other rules.
CJA04-0404 Jury selection and service. Amend. Incorporates recent amendments to the statute regarding a juror’s term of service.
CJA04-0903 Uniform custody evaluations. Amend. Clarifies the list of professionals who may perform custody evaluations. Eliminates the provision allowing two custody evaluators to be appointed if one party resides out of state. Adds additional factors for a custody evaluator to consider when conducting an evaluation.
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