Utah Court Rules – Approved – Page 33 – <p>The Supreme Court or Judicial Council has approved and adopted the following rules, which rules are effective on the date indicated. To view the newly adopted rules, click on any rule number.</p><p>Under circumstances described in CJA Rules 2-205 or 11-105, certain rules may have been adopted prior to a public comment period. The public is provided the opportunity to provide comment on those rules during the 45 days following the adoption of any such rule. To review and comment, click on the “LINKS” tab directly below. Then click on “Proposed Rule Amendments Published for Comment” to be taken to the page where links to rules subject to public comment are located.</p>

Posted: March 21, 2019

Rules of Juvenile Procedure – Effective May 1, 2019

URJP005. Amended. Makes revisions to the definition of “ungovernability” to comply with statutory changes, which became effective July 1, 2018. Corrects references to “child” rather than “minor.”

Supreme Court Order

Posted: March 8, 2019

Rule Establishing Oversight Committee for the Office of Professional Conduct – Effective March 4, 2019

The Utah Supreme Court has adopted the following rule on an expedited basis as of March 4, 2019.

CJA11-0501. Oversight Committee for the Office of Professional Conduct. New. Establishes a Supreme Court oversight committee for the Office of Professional Conduct (OPC). Includes membership, committee member terms, meeting schedule, and committee purposes and responsibilities.

Chapter 11, Article 3

The Utah Supreme Court has also renamed Chapter 11, Article 3 as follows:

Article 3. Judicial Professionalism and Civility.

Article 3 was formerly called “Professional Conduct.”

Supreme Court Order

Posted: March 7, 2019

Rules Governing the State Bar – Effective May 1, 2019

USB14-0804. Certification for military legal assistance lawyers. Amend. Updates the standards for military lawyers who are allowed by military and federal law to assist certain persons who can receive military legal assistance.

USB14-0805. Admission for spouse of active military stationed in Utah. New. Allows spouses of servicemen and women who are stationed in Utah to serve as practicing lawyers under certain conditions.

Conforming and technical amendments:

USB14-0701. Definitions.

USB14-0705. Admission by motion.

USB14-0712. Qualifications for admission based on UBE.

Supreme Court Order for USB14-0804 and USB14-0805

Supreme Court Order for USB14-0701, USB14-0705, and USB14-0712

Posted: March 6, 2019

Rules of Civil Procedure – New Effective Date of November 1, 2019

The Utah Supreme Court has adopted a new effective date of November 1, 2019 for the following rule. The rule was formerly effective May 1, 2019. The November date will accommodate programming changes necessary to effectuate the rule’s purposes.

URCP109. Injunction in certain domestic relations cases. New. Provides that in certain domestic relations cases, an injunction will enter upon the filing of the case. Its provisions address areas such as disposing of property, disturbing the peace of the other party, committing domestic violence, using the other party’s identification to obtain credit, interfering with telephone or utility service, modifying insurance, and behavior around the minor children. The injunction is binding on the petitioner upon filing the initial petition and on the respondent after the filing of the initial petition and upon receipt of a signed copy of the injunction as entered by the court.

Supreme Court Order

Posted: February 19, 2019

Rules Governing the Utah State Bar – Effective May 1, 2019

USB14-0806. Admission pro hac vice. Amended. Changes include an increase in the application fee from $250 to $425 and the requirement that attorneys admitted pro hac vice pay an annual $425 fee to the Bar for each year they continue to practice in Utah.

Supreme Court Order

Posted: February 6, 2019

Rules of Appellate Procedure – Effective May 1, 2019

URAP046. Considerations governing review of certiorari. Amended. The amendments to Rule 46 clarify the standards and grounds for review of a petition for certiorari.

URAP049. Petition for writ of certiorari. Amended. The amendments to Rule 49 contain minor changes to the requirements for a petition for certiorari.

Supreme Court Order

Posted: February 5, 2019

Rules of Criminal Procedure – Effective May 1, 2019

URCrP007C. Material Witnesses – Procedure for Bond and Warrants. Amended. The amendments to rule 7C brings the rule in line with current practices. The rule clarifies the processes for securing a material witness’s testimony.

Supreme Court Order for URCrP007C

URCrP017. The trial. Amended. Elimination of the Advisory Committee Notes.

Supreme Court Order for URCrP017

Posted: February 5, 2019

Rules of Criminal Procedure – Effective December 19, 2018

URCrP008. Amend. The amendments to rule 8 will make the rule consistent with developments in the law. The amendments will also require trial courts of record to appoint counsel on appeal from the roster maintained by the Board of Appellate Court Judges.

Supreme Court Order

Posted: January 31, 2019

Rules Governing the Utah State Bar – Effective February 1, 2019

USB14-802. Amend. Authorization to practice to law. The amendments to Rule 14–802 clarify that the forms an LPP may use are forms approved by the Judicial Council.

Supreme Court Order

Posted: January 29, 2019

Rules Governing Licensed Paralegal Practitioner – Effective January 16, 2019

Client – LLP Relationship

The amendments to the comments are to remove references to an organization as a client because an LPP may not represent an organization as a client.

URGLPP1.04. Communication.

URGLPP1.06. Confidentiality of information.

URGLPP1.07. Conflict of interest: current clients.

URGLPP1.08. Conflict of interest: current clients: specific rules.

URGLPP1.09. Duties to former clients.

URGLPP1.017. Sale of licensed paralegal practice.

URGLPP7.02. Advertising.

URGLPP7.03. Solicitation of clients.

Supreme Court Order