Posted: September 15, 2016
Rules of Civil Procedure – Effective November 1, 2016
URCP009 Pleading special matters. Amend. Removes the paragraph regarding a petition to renew a judgment. The process to renew a judgment is governed by proposed Rule 58C and the Judgment Renewal Act. Adopts much of the style and grammar of the federal rule.
URCP013 Counterclaim and cross-claim. Amend. Deletes paragraphs (e), (i) and (j). Amending a pleading to add a counterclaim, regardless of the reason it was omitted, is properly governed by Rule 15. Adopts many of the grammar and style amendments of the federal rule.
URCP026.01 Disclosure and discovery in domestic relations actions. Amend. Amends the disclosure deadlines to conform to Rule 26.
URCP026.03 Disclosure in unlawful detainer actions. New. Regulates disclosures in an action for eviction or damages arising out an unlawful detainer by a residential tenant.
URCP041 Dismissal of actions. Amend. Removes the provision for ruling against a plaintiff for failure to prove a right to relief, a similar but broader provision having been added to Rule 52, as in the federal rules. Adopts much of the style and grammar of the federal rule.
URCP058C Motion to renew judgment. New. In conjunction with the Judgment Renewal Act and the amendment to Rule 9, describes the process for renewing a judgment.
Posted: August 29, 2016
Code of Judicial Administration – Effective May 10, 2016
CJA04-0401.03 Notice to Public of Recording. New. Establishes uniform standards and procedures for notifying the public when court proceedings are being recorded, consistent with Utah Code section 78A-2-208. Effective May 10, 2016 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.
Posted: August 16, 2016
Rules of Criminal Procedure – Effective July 1, 2016
URCrP005 Repealed.
URCrP006 The proposed changes create a presumption in favor of summonses over warrants. The rule establishes the requirements for issuing a warrant. The rule also describes the required content of summonses and warrants.
Posted: July 29, 2016
Rules of Small Claims Procedure – Effective July 18, 2016
URSCP001 General provisions. Amend. The Utah Rules of Small Claims Procedure will not apply to cases removed from small claims court to district court, except as outlined in Rule 12.
URSCP002 Plaintiff beginning the case. Amend. Title changed to include “Plaintiff.”
URSCP002A Defendant’s removal from district court. New. Prescribes the procedures outlined in Utah Code Section 78A-8-102, authorizing a defendant to remove a case from district court to small claims court with the plaintiff’s stipulation.
URSCP003 Service of the affidavit and summons. Amend. Requires language in the summons sufficient to notify a defendant of his/her removal rights.
URSCP004 Counter affidavit. Amend. Provides an exception to the time limit for filing a counter affidavit when a defendant is removing the case pursuant to Rule 2A.
URSCP004A Defendant’s removal to district court. New. Provides defendants with the ability to remove a case filed in small claims court to district court for proceedings in accordance with the Utah Rules of Civil Procedure, including the option for a jury trial in the first instance.
URSCP012 Appeals. Amend. Provides parties the option of electing a jury trial de novo in the district court for cases tried in small claims without a jury and allows district court judges the option of requiring parties to exchange information prior to a de novo trial (with or without a jury). Notifies parties of their appellate rights when a case is removed to district court pursuant to Rule 4A.
Posted: July 14, 2016
Remote Hearings Rules – Effective November 1, 2016
URCrP017.5 New. Hearings with contemporaneous transmission from a different location.
URCP043 Amend. Evidence.
URJP029B New. Hearings with contemporaneous transmission from a different location.
URJP037B New. Hearings with contemporaneous transmission from a different location.
Supreme Court Order (Rule 17.5)
Supreme Court Order (Rules 29B and 37B)
Posted: July 13, 2016
Rules of Criminal Procedure – Effective November 1, 2016
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.
Posted: July 1, 2016
Rules of Evidence – Effective July 1, 2016
URE0511 :Insurance Regulators. New. Creates a privilege for insurance regulators.
Posted: June 29, 2016
Code of Judicial Administration – Effective November 1, 2016
CJA03-0403 Judicial branch education. Amend. Gives the Management Committee authority to excuse an active senior judge applying for reappointment from completing the annual 30 hour education requirement based on good cause. To be eligible, the senior judge must have completed at least 60 total education hours in the two years preceding the effective date of reappointment.
CJA04-0202.02 Records classification. Amend. Classifies jail booking sheets and nonresident violator notices of compliance as private. Deletes language addressing appellate brief addenda as they are governed by other rules.
CJA04-0404 Jury selection and service. Amend. Incorporates recent amendments to the statute regarding a juror’s term of service.
CJA04-0903 Uniform custody evaluations. Amend. Clarifies the list of professionals who may perform custody evaluations. Eliminates the provision allowing two custody evaluators to be appointed if one party resides out of state. Adds additional factors for a custody evaluator to consider when conducting an evaluation.
Posted: May 12, 2016
Rules of Civil Procedure – Effective November 1, 2016
URCP054 Judgment; costs. Amend. Establishes a process to add attorney fees and costs to a judgment.
URCP054 Advisory Committee Notes
URCP058A Entry of judgment; abstract of judgment. Amend. In conjunction with amendments to rule 4 of the Utah Rules of Appellate Procedure, establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under rules 50, 52, and 59 of the Rules of Civil Procedure, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.
URCP058A Advisory Committee Note
URCP073 Attorney fees. Amend. Modifies the process for claiming attorney fees. Adopts many features of FRCP 54(d).
Posted: May 12, 2016
Rules of Appellate Procedure – Effective November 1, 2016
URAP004 Establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under Rules of Civil Procedure 50, 52 or 59, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.
URAP028A Outlines different processes for mediation in the Supreme Court and the Court of Appeals. Provides that the denial of a mediation request does not prevent parties from engaging in private mediation or settlement negotiations. Makes technical changes.