Utah Court Rules – Approved – Page 37 – <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: May 16, 2018

Rules of Evidence – Effective May 8, 2018

URE0507. First Responder Peer Support. New. A person receiving peer support services from a peer support team member has a privilege to refuse to disclose and to prevent another person from disclosing peer support communications.

Supreme Court Order

Posted: May 8, 2018

Rules of Criminal Procedure – Effective May 8, 2018

URCrP09A. Procedures for persons arrested pursuant to an arrest warrant. Amend. Defines “arrest warrant” for purposes of the rule.

Supreme Court Order

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).

Supreme Court Order

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.

Supreme Court Order

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).

Supreme Court Order

Posted: March 29, 2018

Rules Governing the State Bar – Effective May 1, 2018

USB14-0701 Amend. Changes to Rule 14-701 clear up confusion regarding the definition of “bar examination” and make the definition of practice of law consistent with the definition used in 14-802.

USB14-0704 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0705 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0713 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0719 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0806 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0807 Amend. Changes to Rule 14-807 clarify language that has been a source of confusion for students seeking to practice under the rule.

USB14-0809 New. This new rule will allow lawyers admitted in other jurisdictions, who have submitted an application for admission to the Utah State Bar, to practice law in Utah under supervision while awaiting admission

USB14-0904 Amend. Changes to the rule clarify that any lawyer on whose behalf the Fund for Client Protection makes a payment can be administratively suspended for failure to reimburse the Fund.

Supreme Court Order

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.

Supreme Court Order

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.

Supreme Court Order

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 63

Supreme Court Order – rule 29

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.

Supreme Court Order