Posted: July 10, 2015
Rules of Civil Procedure
URCP 055. Default. Amend. Requires that the plaintiff provide a verfiied complaint or affidavit setting forth necessary facts to establish the amount of the claim, after deducting credits, and verifies that the amount is warranted by information in the plaintiff’s possession. Effective July 8, 2015 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
Supreme Court Order.
Posted: June 25, 2015
Rules of Civil Procedure
URCP 005. Service and filing of pleadings and other papers. Amend. Eliminates service by fax and allows the parties to agree to a method of service not approved by rule. Eliminates the requirement to obtain a lawyer’s agreement to be served by email. Retains that requirement when serving self represented parties. Requires electronic filing by parties with an electronic filing account. Describes how to file an affidavit. Style changes intended to simplify and clarify the rule.
URCP 007. Pleadings allowed; motions, memordanda, hearings, orders. Repeal and reenact. Brings regularity to motion practice. Adopts many of the provisions of Rule 71 of the U.S. District Court for the District of Utah. Combines the motion and the memorandum supporting the motion into one document. Establishes new page limits. Describes supplemental authority and an objection to evidence. Prohibits a proposed order in most circumstances. Describes the process for preparing an order after a ruling on the motion. Eliminates the requirements for words indicating that nothing further is required of the parties if the judge intends a ruling or decision to be final. Eliminates the requirement that an order be a separate document.
URCP 054. Judgment; costs. Defines a “judgment.” Eliminates the requirement to state the process by which the judgment was entered. Removes an antiquated process for amending the judgment to include interest and costs. Style changes intended to simplify and clarify the rule.
URCP 056. Summary judgment. Repeal and reenact. Adopts many of the provisions of the Federal Rule of Civil Procedure 56. Includes some special requirements formerly found in rule 7.
URCP 058A. Entry of judgment; abstract of judgment. Amend. Requires that every judgment and decree be prepared as a separate document. Describes the process for preparing a proposed judgment. Fixes the time at which the judgment is entered; even if a separate document is not prepared.
Supreme Court Order.
Posted: June 25, 2015
Code of Judicial Administration
CJA 04-0401.01. Electronic media coverage of court proceedings. Amend. Provides a presumption of electronic media coverage in court proceedings where the predominant purpose of the coverage is journalism or dissemination of news to the public. Provides that all requests for electronic media coverage must come through the court’s public information office. Requires that news reports providing pool coverage shall promptly share their files with other news reporters and that news reporters must be willing and able to share their files to be approved to provide coverage.
Judicial Council Minutes.
Posted: May 14, 2015
Code of Judicial Administration
CJA 01-0205. Standing and ad hoc committees. Amend. Reauthorizes numerous Judicial Council Standing Committees. Adds a representative from the Self-Help Center to the Committee on Resources for Self-Represented Parties.
Judicial Council Minutes.
Posted: May 1, 2015
Rules of Professional Conduct – Effective May 1, 2015
RPC 01.00 Terminology. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 01.01 Competence. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 01.04 Communication. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 01.06 Confidentiality of Information. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 01.17 Sale of Law Practice. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 01.18 Duties to Prospective Client. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 04.04 Respect for Rights of Third Persons. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 05.03 Responsibilities Regarding Nonlawyer Assistants. Amend. Changes the name of the rule. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 05.05 Unauthorized Practice of Law; Multijurisdictional Practice of Law. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 07.01 Communications Concerning a Lawyer’s Services. Amend. In light of comments received regarding the originally proposed rules, the Court’s Advisory Committee on the Rules of Professional Conduct and the Utah State Bar prepared amended rules. These rules provide additional guidance to lawyers as to which communications are false or misleading in order to protect the public. Submission of advertising to the Bar as mandated under the earlier proposed rules is no longer required.
RPC 07.02 Advertising. Amend. In light of comments received regarding the originally proposed rules, the Court’s Advisory Committee on the Rules of Professional Conduct and the Utah State Bar prepared amended rules. These rules provide additional guidance to lawyers as to which communications are false or misleading in order to protect the public. Submission of advertising to the Bar as mandated under the earlier proposed rules is no longer required.
RPC 07.03 Solicitation of Clients. Amend. In light of comments received regarding the originally proposed rules, the Court’s Advisory Committee on the Rules of Professional Conduct and the Utah State Bar prepared amended rules. These rules provide additional guidance to lawyers as to which communications are false or misleading in order to protect the public. Submission of advertising to the Bar as mandated under the earlier proposed rules is no longer required.
RPC 08.05 Disciplinary Authority; Choice of Law. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
Posted: March 16, 2015
Code of Judicial Administration
CJA 11-0301. Utah Standards of Judicial Professionalism and Civility. New. Establishes standards of professionalism and civility for Utah judges.
Supreme Court Order.
Posted: March 16, 2015
Rules of Civil Procedure
URCP 062. Stay of proceedings to enforce a judgment. Amend. Removes the special bond requirements for municipalities with an adverse judgment of $5,000,000 or more. See HJR 20.
Posted: March 4, 2015
Rules of Appellate Procedure
URAP 009. Docketing statement. Amend. Explains the purposes of a docketing statement, the different types of docketing statements, and the information that must be included when filing a docketing statement.
Supreme Court Order.
Posted: February 24, 2015
Rules of Juvenile Procedure
URJP 002. Applicability of Rules of Civil Procedure and Criminal Procedure. Amend. Amends the rule to replace the term “permanent deprivation of parental rights” with “termination of parental rights.”
URJP 023. Hearing to waive jurisdiction and certify under Section 78A-6-703; bind over to district court. Amend. Amends the rule to comply with statutory changes to section 78A-6-703 enacted following the 2014 legislative general session.
URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Amends the rule to comport with statutory changes to 78A-6-702 enacted following the 2014 legislative general session.
Supreme Court Order.
Posted: February 24, 2015
Code of Judicial Administration
CJA 4-202.02. Records classification. Amend. Makes actions to remove an individual from the National Instant Background Check System private. Makes Qualified Domestic Relations Orders private.
Judicial Council Minutes.