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.
Posted: October 12, 2016
Code of Judicial Administration – Effective November 1, 2016
CJA03-0104 Presiding judges. Amend. Affirms the authority of presiding judges to appoint senior judges to fill judicial vacancies for up to 14 judicial days without prior approval. Provides that if more than 14 judicial days of coverage is needed, the presiding judge will present to the State Court Administrator a plan for meeting the needs of the court and the budget needed to implement the plan. If any part of the plan is contested by the State Court Administrator, the plan will be reviewed by the Management Committee of the Judicial Council for final determination.
Posted: October 12, 2016
Rules of Appellate Procedure – Effective November 1, 2016
URAP002 Adds Rule 14(a) to the list of rules that the court cannot suspend.
URAP014 Amend. Requires a party seeking review in the Supreme Court or Court of Appeals of an administrative agency order to file a petition for review even if a statute describing the review describes it as an appeal. Removes provisions governed by statute or other rules.
URAP025A New. Describes the requirement and procedures for serving briefs on the attorney general or county or municipal attorney when challenging the constitutionality of a statute or ordinance. Establishes penalties for failure to do so. Allows the attorney general or county or municipal attorney to file an amicus brief when the constitutionality of a statute or ordinance is challenged. Allows the appellate court to request an amicus brief.
URAP052 Describes the effect of post-trial motions in child welfare proceedings using language similar to Rule 4.
Posted: September 15, 2016
Rules of Civil Procedure – Effective November 1, 2016
URCP009 Pleading special matters. Amend. Removes the paragraph regarding a petition to renew a judgment. The process to renew a judgment is governed by proposed Rule 58C and the Judgment Renewal Act. Adopts much of the style and grammar of the federal rule.
URCP013 Counterclaim and cross-claim. Amend. Deletes paragraphs (e), (i) and (j). Amending a pleading to add a counterclaim, regardless of the reason it was omitted, is properly governed by Rule 15. Adopts many of the grammar and style amendments of the federal rule.
URCP026.01 Disclosure and discovery in domestic relations actions. Amend. Amends the disclosure deadlines to conform to Rule 26.
URCP026.03 Disclosure in unlawful detainer actions. New. Regulates disclosures in an action for eviction or damages arising out an unlawful detainer by a residential tenant.
URCP041 Dismissal of actions. Amend. Removes the provision for ruling against a plaintiff for failure to prove a right to relief, a similar but broader provision having been added to Rule 52, as in the federal rules. Adopts much of the style and grammar of the federal rule.
URCP058C Motion to renew judgment. New. In conjunction with the Judgment Renewal Act and the amendment to Rule 9, describes the process for renewing a judgment.
Posted: August 29, 2016
Code of Judicial Administration – Effective May 10, 2016
CJA04-0401.03 Notice to Public of Recording. New. Establishes uniform standards and procedures for notifying the public when court proceedings are being recorded, consistent with Utah Code section 78A-2-208. Effective May 10, 2016 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.
Posted: August 16, 2016
Rules of Criminal Procedure – Effective July 1, 2016
URCrP005 Repealed.
URCrP006 The proposed changes create a presumption in favor of summonses over warrants. The rule establishes the requirements for issuing a warrant. The rule also describes the required content of summonses and warrants.
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)