Posted: March 4, 2016
Code of Judicial Administration – Effective May 1, 2016
CJA03-0114. Judicial outreach. Amend. Reorders the intent language. Provides that model outreach programs shall take into account existing curricula. Requires the committee to propose and implement rather than develop policies that encourage judicial participation in outreach programs.
CJA04-0202.02. Records classification. Amend. Deletes maiden name and mother’s maiden name from the lists of private and safeguarded information. Classifies juvenile mediation disposition notices as juvenile court social records. Notes a statutory exception to the protection of certain victim information.
CJA04-0503. Mandatory electronic filing. Amend. Requires an attorney seeking an exemption from efiling to submit a written request to the District Court Administrator.
Judicial Council Minutes – January, 2016
Judicial Council Minutes – February, 2016
Posted: March 4, 2016
Code of Judicial Administration – Effective December 14, 2015
CJA01-0205 Standing and ad hoc committees. Amend. Creates a standing committee of the Judicial Council to address pretrial release and supervision. Effective December 14, 2015 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.
CJA03-0116 Pretrial Release and Supervision Committee. New. Outlines the responsibilities of the Judicial Council’s Standing Committee on Pretrial Release and Supervision. Effective December 14, 2015 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.
Posted: March 4, 2016
Rules of Civil Procedure – Effective May 1, 2016
URCP 006. Time. Amend. Corrects references to amended rules 50 and 60.
URCP 008. General rules of pleadings. Amend. Changes the phrase “contributory negligence” to “comparative fault,” in keeping with Utah Code sections 78B-5-817.
URCP 011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Recognizes the requirements of Rule 5(f) for a notarized, verified or acknowledged signature.
URCP 050. Judgment as a matter of law in a jury trial; related motion for a new trial; conditional ruling. Amend. Adopts many of the provisions of FRCP 50. Changes the name from “directed verdict” to “judgment as a matter of law.” Eliminates the requirement that the motion be renewed at the close of all evidence. Extends to 28 days after the judgment the time in which to renew the motion for judgment as a matter of law. Describes the effect of trial court rulings reversed on appeal.
URCP 052. Findings and conclusions by the court; amended findings; waiver of findings and conclusions; correction of the record; judgment on partial findings. Adopts many of the provisions of FRCP 52. Provides for judgment on partial findings, which will replace an equivalent provision in Rule 41(b). Extends to 28 days after the judgment the time in which to file a motion to amend or make additional findings.
URCP 055. Default. Amend. Requires the plaintiff to provide a verified complaint or affidavit setting forth the 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.
URCP 059. New trial; amendments of judgment. Amend. Adopts many of the provisions of FRCP 59. Extends to 28 days after the judgment the time in which to file a motion for new trial or a motion to amend or alter the judgment. Allows the court to grant, after notice and an opportunity to be heard, a motion for a new trial for a reason not stated in the motion.
URCP 060 Relief from judgment or order. Amend. Style changes intended to simplify and clarify the rule.
URCP 063. Disability or disqualification of a judge. Amend. Allows a second or subsequent motion to disqualify a judge if the motion is based on grounds that the party did not know of and could not have known of at the time of the earlier motion. Requires a request to submit for decision with the motion. Expressly prohibits a response from another party.
Posted: March 4, 2016
Rules of Appellate Procedure – Effective May 1, 2016
URAP 021. Filing and service. Amend. Provides that if a filing including an addendum contains non-public information, the filer must also file a redacted version of the filing.
URAP 038A. Withdrawal of counsel. Amend. Requires that appointed appellate counsel represent a client through the first appeal as of right.
URAP 040. Attorney’s or party’s certificate; sanctions and discipline. Amend. Provides that a person may sign a document using any form recognized by law as binding. Provides that by signing a document, a person makes certain representations to the court including that a filing made under rule 21(g) does not contain non-public information.
Posted: January 29, 2016
Code of Judicial Administration
CJA 04-0202.02. Records classification. Amend. Records classification. Amend. Deletes maiden name and mother’s maiden name from the lists of private and safeguarded information. Classifies juvenile mediation disposition notices as juvenile court social records. Notes a statutory exception to the protection of certain victim information.