Utah Court Rules – Approved – Page 39 – <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: April 11, 2017

Code of Judicial Administration – Effective May 1, 2017

CJA11-0103. Amend. The amendments will require the Supreme Court’s rules advisory committees to submit rules to the Supreme Court before they are published for public comment.

Supreme Court Order

Posted: March 28, 2017

Rules of Criminal Procedure – Effective May 1, 2017

URCrP004 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for filing informations.

URCrP004A New. The proposed new rule will address the process for prosecutions commenced by indictment.

URCrP004B New. The proposed new rule will address the process for prosecutions commenced by citation.

URCrP029 Amend. The proposed amendment will eliminate the presiding officer of the Judicial Council as a person to whom disqualification affidavits may be referred.

Supreme Court Order

Posted: March 27, 2017

Code of Judicial Administration – Effective May 1, 2017

CJA04-0202.02 Records Classification. Amend. Classifies court records associated with actions for disease testing as sealed.

Supreme Court Order

Posted: March 24, 2017

Rules of Civil Procedure – Effective May 1, 2017

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. Amend. Returns pre-2015 paragraph (b)(2) language addressing limits on orders to show cause to new paragraph (q).

URCP035. Physical and mental examination of persons. Amend. The 2017 amendments to Rule 35 clarify when there is overlap between a Rule 26(a)(4) expert report and when there is not. They also provide the shorter of a 60-day time frame or 7 days prior to the close of fact discovery in which the party requesting the Rule 35 examination must disclose the report to the person being examined.

URCP045. Subpoena. Amend. In conformity with Rule 84’s repeal, makes a technical amendment to paragraph (a)(1)(E). Also makes a technical amendment to paragraph (i) in anticipation of the prisoner mailbox rule’s adoption.

URCP065C. Post-conviction relief. Amend. Expressly makes all records in the criminal case under review, including the records in an appeal of that conviction, part of the trial court record in the petition for post-conviction relief.

URCP084. Forms. Repeal. Since the task of creating and updating court forms resides with the newly formed Judicial Council Standing Committee on Forms under UCJA Rules 1-205 and 3-117, the Supreme Court’s Advisory Committee on the Rules of Civil Procedure will no longer create forms.

Supreme Court Order

Posted: January 9, 2017

Code of Judicial Administration – Effective December 19, 2016

CJA01-0205. Standing and ad hoc committees. Amend. Creates a new Judicial Council Standing Committee on Forms; provides committee composition.

CJA03-0117. Committee on Court Forms. New. Establishes the charge for the new Judicial Council Standing Committee on Forms.

Supreme Court Order

Posted: January 5, 2017

Rules of Evidence – Effective May 1, 2017

URE0412 Amend. Changes the classification of records described in subparagraph (c)(3) from sealed to protected.

Supreme Court Order

Posted: November 29, 2016

Rules of Civil Procedure – Effective May 1, 2017

URCP034 Production of documents and things and entry upon land for inspection and other purposes. Amend. The 2017 amendments to Rule 34(b)(2) adopt 1) the specificity requirement in the 2015 amendments to Federal Rule of Civil Procedure 34(b)(2)(B), 2) a portion of Federal Rule 34(b)(2)(C) dealing with the basis for an objection to production, and 3) some clarifying language from the federal note.

Supreme Court Order

Posted: November 29, 2016

Rules of Criminal Procedure – Effective May 1, 2017

URCrP011 Amend. Clarifies the warning judges must give to defendants in domestic violence cases.

URCrP018 Amend. The proposed amendment replaces the current language on alternate jurors. The language is borrowed from the federal rules. The primary motivation behind the change is to eliminate the requirement that alternate jurors be discharged when the jury retires to deliberate.

URCrP022 Amend. The proposed changes to the rule will set out in more detail the circumstances under which a court may correct a sentence.

URCrP038 Amend. The proposed amendment clarifies that a defendant may withdraw an appeal prior to entry of a plea of guilt or prior to commencement of trial.

Supreme Court Order

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.

Supreme Court Order

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.

Supreme Court Order