Utah Court Rules – Approved – Page 36 – <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: October 31, 2014

Rules of Appellate Procedure

URAP 005. Discretionary appeals from interlocutory orders. Amend. Sets a page limit for a petition for permission to appeal and describes how relevant documents may be referenced; provides that a response to a petition for permission to appeal will not be received unless requested by the court; and provides that cross-petitions for permission to appeal are not permitted.
URAP 023. Motions. Amend. Provides that a reply may be filed no later than five days after service of the response, but allows the court to rule on the motion without awaiting a reply.
URAP 035. Petition for rehearing. Amend. Provides the circumstances under which a party may petition for rehearing.
URAP 037. Suggestion of mootness; voluntary dismissal. Amend. Provides that an appellant’s personal affidavit demonstrating that the decision to dismiss is voluntary need only be filed on a motion to dismiss for reasons other than mootness.
Supreme Court Order.

Posted: October 31, 2014

Rules of Criminal Procedure

URCrP 40. Search warrants. Amend. Provides a process for extending the sealing of search warrant records.
Supreme Court Order.

Posted: October 28, 2014

Code of Judicial Administration

CJA 04-0405. Juror and witness fees and expenses. Amend. Makes an attorney issuing the subpoena responsible for reimbursing a civil witness for necessary and reasonable parking expenses as required by statute.
CJA 04-0510.03. Qualification of ADR providers. Amend. Corrects an incorrect reference to another rule.
CJA 04-0907. Divorce education and divorce orientation courses. Amend. Provides an option to take the divorce orientation course online, and reflects changes to the fees for the course as required by statute.
Judicial Council Minutes.

Posted: October 28, 2014

Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Makes the Committee on Model Utah Civil Jury Instructions and the Committee on Model Utah Criminal Jury Instructions standing committees of the Judicial Council. Outlines the membership makeup of each committee. Makes technical corrections. Effective October 27, 2014 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.
Judicial Council Minutes.

Posted: October 1, 2014

Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Changes the time for probable cause from 48 hours to 24 hours after the arrest. Requires that the magistrate release the arrestee after 24 hours unless the officer is able to establish that the delay was caused by a bona fide emergency or other extraordinary circumstances.
Supreme Court Order.

Posted: August 26, 2014

Code of Judicial Administration

CJA 03-0306. Language access in the courts. Amend. Adds a Utah residency requirement for individuals seeking to be credentialed as court-certified interpreters. Removes the Registered II credentialing designation. Makes minor technical changes.
CJA 04-0902. Limited scope investigation of domestic issues. New. Provides a process for the court to appoint a custody evaluator to investigate select issues in a domestic case rather than ordering a full custody evaluation.
Judicial Council Minutes.

Posted: June 24, 2014

Code of Judicial Administration

CJA 04-0202.02 Records classification. Amend. Classifies records from cases involving minors seeking judicial consent for abortion as sealed.
CJA 04-0405. Juror and witness fees and expenses. Amend. Increases the rate for jury snacks and breaks from $3.00 to $4.00 in accordance with the state rate.
CJA 04-0906. Guardian ad litem program. Amend. Allows the Office of Guardian ad Litem to remove a private guardian ad litem who has not met the continuing education requirement from their case assignment roster.
Judicial Council Minutes.

Posted: May 27, 2014

Rules of Appellate Procedure

URAP 003. Appeal as of right: how taken. Amend. Provides that service of the notice of appeal shall be done in accordance with the service requirements of the court from which the appeal is taken.
URAP 008A. Motion for emergency relief. Renumber and amend. Renumbers rule 8A to rule 23C. Provides that a motion for emergency relief is not sufficient to invoke the court’s jurisdiction, and that a jurisdictional petition must be filed or no emergency relief will be granted.
URAP 011. The record on appeal. Amend. Eliminates the requirement that the appellant file a statement of the issues that will be presented on appeal and creates a process for the appellee to designate other proceedings to be transcribed, beyond those identified by the appellant.
URAP 029. Oral argument. Amend. Clarifies that a joint motion to cancel oral argument may be filed upon the agreement of all parties.
Supreme Court Order.

Posted: May 27, 2014

Code of Judicial Administration

CJA 10-1-602. Orders to show cause. New. 6th District local rule which describes the process for requesting an order to show cause when a commissioner is unavailable.
Judicial Council Minutes.

Posted: May 27, 2014

Rules Governing the Utah State Bar

USB 14-0533. Diversion. Amend. Changes a term on the committee from three years to four years. Effective May 23, 2014 under CJA 11-105. Subject to change after the comment period.
Supreme Court Order.