Posted: May 8, 2018
Rules of Civil Procedure – Effective May 8, 2018
URCP004. Process. Amend.Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.
URCP011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.
URCP055. Default. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5) expedited rulemaking.
URCP063. Disability or disqualification of a judge. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5).
Posted: April 20, 2018
Code of Judicial Administration – Effective May 1, 2018
CJA11-0104 Amend. The proposed amendment clarifies the process for submitting a proposed rule change for publication.
Posted: April 11, 2018
Rules of Civil Procedure – Effective May 8, 2018
URCP0101 Motion practice before court commissioners. Amend. Makes conforming amendments pursuant to SB 25 (2018), which reduced the 90-day waiting period for a divorce to 30 days. Effective May 8, 2018 pursuant to CJA rule 11-105(5).
URCP0105 Shortening 30 day waiting period in divorce actions. Amend. Makes conforming amendments pursuant to SB 25 (2018), which reduced the 90-day waiting period for a divorce to 30 days. Effective May 8, 2018 pursuant to CJA rule 11-105(5).
Posted: March 28, 2018
Rules of Criminal Procedure – Effective May 1, 2018
URCrP011 Amend. One amendment will require a court to notify a defendant at sentencing of the right to counsel for an appeal. Another amendment adds state law to the warning to be given in domestic violence cases.
URCrP022 Amend. One amendment will require a court to notify a defendant at sentencing of the right to counsel for an appeal. Another amendment adds state law to the warning to be given in domestic violence cases.
URCrP036 Amend. This amendment will allow defense counsel to be able to make an oral motion to withdraw from the case after judgment is entered.
Posted: March 27, 2018
Code of Judicial Administration – Effective May 1, 2018
UCJA11-101. Creation and composition of advisory committees. Amend. The first proposed amendment will allow for emeritus members of the Supreme Court’s rules advisory committees. The second amendment will allow a member to serve up to four terms if any of those terms are as chair.
Posted: March 27, 2018
Rules of Civil Procedure, Rules of Criminal Procedure, Code of Judicial Administration – Effective April 1, 2018
Utah Rules of Civil Procedure
URCP063. Disability or disqualification of a judge. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the reviewing or assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.
Utah Rules of Criminal Procedure
URCrP029. Disability and disqualification of a judge or change of venue. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.
Utah Code of Judicial Administration
UCJA09-0109. Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges, associate presiding judges, and education directors for justice courts. Effective April 1, 2018 pursuant to UCJA Rule 2-205.
Supreme Court Order – rule 9-109
Posted: March 26, 2018
Rules of Criminal Procedure – Effective May 1, 2018
URCrP007 Amend. The provisions in existing rule 7 are being divided into separate rules, each dealing with a different subject. Rule 7 will now address initial proceedings for class A misdemeanors and felonies.
URCrP007A New. The rule addresses procedures for class B & C misdemeanors and infractions. The rule also adds specific provisions on pretrial release conditions.
URCrP007B New. The rule addresses preliminary hearings. The rule generally reflects existing language.
URCrP007C New. The rule addresses the procedures for material witnesses. The rule generally follows existing language.
URCrP009 New. The new rule 9 will establish procedures for warrantless arrests. Of particular interest to practitioners may be the time-frames related to pretrial release decisions and deadlines for filing informations.
URCrP009A New. The rule creates procedures for arrests pursuant to a warrant and includes specific procedures on pretrial release decisions.
Posted: March 16, 2018
Rules of Juvenile Procedure – Effective May 1, 2018
URJP007 Amend. Warrants. Contains revisions necessitated by new statute section 78A-6-106.5 promulgated by H.B. 239 – Juvenile Justice Amendments.
URJP015 Amend. Preliminary inquiry; informal adjustment without petition. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.
URJP016 Amend. Transfer of delinquency case for preliminary inquiry. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments. Clarifies applicability of certain rule provisions to a child (under the age of 18) and a minor (under the age of 21).
URJP023A Amend. Hearing on conditions of Section 78A-6-702. Changes burden of proof to preponderance to bring rule into conformity with 2015 statute change.
URJP033 Amend. Preliminary orders and summary proceedings. Deletes provisions related to the ability to place non-resident runaways into the custody of the Division of child and Family Services.
URJP037 Amend. Adds reference to the statutory provisions in Section 78A-6-1111 pertaining to limitations on the appointment of counsel for indigent parties.
Posted: March 7, 2018
Code of Judicial Administration – Effective May 1, 2018
CJA011-0401 New Rule 11-401: To establish a standing committee to assist the Board of Appellate Court Judges to determine a roster of attorneys eligible for appointment to represent indigent parties on appeal to the Utah Supreme Court and the Utah Court of Appeals.