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.
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.
Posted: January 29, 2019
Code of Judicial Administration – Effective January 28, 2019
CJA04-0409. Council approval of Problem Solving Courts.
AMEND. Removes certification criteria from Rule 4-409 and adds those items to the Judicial Council’s problem solving court certification checklist. Clarifies and provided greater detail regarding the Judicial Council’s problem solving court certification process. Makes miscellaneous stylistic changes and minor non-substantive revisions.
Posted: January 4, 2019
Rules of Civil Procedure – Effective May 1, 2019
URCP005. Service and filing of pleadings and other papers. Amend. Paragraph (b)(3)(B) is amended to remove the requirement that a person must agree to accept service by email in order to be served by email. If a person provides an email address pursuant to Rule 10(a)(3) or Rule 76, the person may be served Rule 5 papers at that address.
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.
Posted: December 26, 2018
Rules of Professional Conduct – Effective December 19, 2018
RPC07.05. Firm Names and Letterheads. Amend. Comment [1] is amended to conform to current practice, which is to allow the inclusion of both retired and deceased partners’ names in firm names if there has been a continuing succession in the firm’s identity such that the firm name has become a trade name.
RPC08.04. Misconduct. Amend. Comment [1a] is amended in response to In re Discipline of Steffensen, 2018 UT 53, Footnote 7, to eliminate confusion as to what sanctions may be applicable for a violation of Rule 8.4. The comment now provides that an act of professional misconduct under Rule 8.4(b), (c), (d), (e), (f), (g), or (h) cannot be counted as a separate violation of Rule 8.4(a) for the purpose of determining sanctions. Conduct that violates other Rules of Professional Conduct, however, may be a violation of Rule 8.4(a) for the purpose of determining sanctions.
Posted: December 19, 2018
Code of Judicial Administration – Effective January 1, 2019
CJA01-0205. Standing and Ad Hoc Committees.
AMEND – Adds a member of the Utah Indigent Defense Commission to the Utah Judicial Council’s Standing Committee on Pretrial Release and Supervision.
AMEND – Adds a court commissioner to the Utah Judicial Council Standing Committee on Court Forms.
CJA04-202.02. Records Classification.
AMEND – Classifies abstracts of juvenile court judgments filed in district court as “private” court records.
CJA04-508. Guidelines for Ruling on Motion to Waive Fees.
AMEND – Makes the Standing Committee on Court Forms responsible to approve the motion and affidavit to waive fees forms (previously the responsibility of the Board of District or Juvenile Court Judges).
CJA Appendix I. Summary of Classification of Court Records.
AMEND – Change classification of “Criminal Investigations” case type from “Protected” to “Public unless otherwise ordered.”
Posted: November 28, 2018
Rules of Appellate Procedure – Effective December 1, 2018
URAP023B. The amendments to Rule 23B Motion for remand for findings necessary to determination of ineffective assistance of counsel claim, clarifies when a motion must be filed.
URAP025. The amendments to Rule 25 Brief of an amicus curiae or guardian ad litem, change a reference to Rule 50.
URAP050. The amendments to Rule 50, Response; reply; brief of amicus curiae, provide that a party may file a response to a petition and how the time for the response shall run. The amendment permits a party to file a letter in lieu of a formal response, deletes language regarding distribution of filings by the clerk, and establishes a time for filing a reply to a response.
URAP051. The amendment to Rule 51 Disposition of petition for writ of certiorari, deletes a reference to Rule 50.
Posted: October 30, 2018
Code of Judicial Administration – Effective October 29, 2018
CJA11-0401. Standing Committee on Appellate Representation. Amend. Updates the definition of “legal defender’s office.” Effective October 29, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.
Posted: October 29, 2018
Code of Judicial Administration – Effective November 1, 2018
CJA03-0401. Office of General Counsel. Amend. Deletes certain unnecessary and outdated provisions. Removal of the language in lines 39-42 does not abdicate Judges’ responsibility to make their own decisions pursuant to the Code of Judicial Conduct.
CJA03-0414. Court Security. Amend. Allows the Court Security Director to possess a firearm and ammunition in a courthouse when qualified.
CJA04-0202.03. Records Access. Amend. Allows for access to certain records for Licensed Paralegal Practitioners. Allows access to juvenile court social records by entities or individuals providing services to juveniles.
CJA04-202.09. Miscellaneous. Amend. Adds specific requirements for records access requests for email correspondence. Corrects previous publication error regarding Tax-related Records and removal of language requiring certification of omitting / redacting all non-public information from the record.
CJA04-0403. Electronic Signature and Signature Stamp Use. Amend. Adds “orders appointing a court visitor” to the list of documents on which a clerk may use a judge’s signature stamp, with prior approval from a judge or commissioner.
CJA04-0701. Failure to Appear. Amend. Deletes the reference to failures to appear as a separate offense pursuant to S.B. 58, which eliminated the crime of failure to appear on a citation.