Posted: August 20, 2013
Rules of Appellate Procedure
URAP 029. Oral argument. Amend. Describes the differences between the supreme court and court of appeals in scheduling, waiving and continuing oral argument. Clarifies that reply argument by the appellant does not limit the scope or timing of the questions by the court. Effective July 16, 2013 under Rule 11-105(5). Subject to change after the comment period. To comment on this rule, click here.
Supreme Court Order.
Posted: August 20, 2013
Rules of Professional Conduct
RPC 08.04. Misconduct. Amend. Adds Comment [1a].
Posted: August 20, 2013
Code of Judicial Conduct
CJC 02.11. Disqualification. Amend. Establishes process for waiver of disqualifying circumstances in appellate proceedings. Effective July 16, 2013 under Rule 11-105(5). Subject to change after the comment period. To comment on this rule, click here.
Supreme Court Order.
Posted: August 20, 2013
Code of Judicial Administration
CJA 11-0101. Creation and Composition of Advisory Committees. Amend. Establishes term limits on select advisory committee. Effective July 16, 2013 under Rule 11-105(5). Subject to change after the comment period. To comment on this rule, click here.
Supreme Court Order.
Posted: May 15, 2013
Code of Judicial Administration
CJA 04-0906. Guardian ad litem program. Amend. Implements the requirements of Section 78A-2-228 for private guardian ad litem attorneys. Effective July 1, 2013 under Rule 2-205. Subject to change after the comment period.
To comment on this rule, click here.
Posted: May 15, 2013
Code of Judicial Administration
CJA 02-0103. Open and closed meetings. Amend. Technical changes. Adopts for the Judicial Council the new requirements of public bodies under SB 77. Effective May 14, 2013 under Rule 2-205. Subject to change after the comment period.
CJA 02-0104. Recording meetings. Amend. Requires additional public records to be published on the Utah Public Notice Website. Adopts for the Judicial Council the new requirements of public bodies under SB 77. Effective May 14, 2013 under Rule 2-205. Subject to change after the comment period.
CJA 06-0401. Domestic relations commissioners. Amend. Includes dating violence protective orders, authorized by HB 50, within the authority of court commissioners. Effective May 14, 2013 under Rule 2-205. Subject to change after the comment period.
To comment on any of these rules, click here.
Posted: March 18, 2013
Rules of Civil Procedure
URCP 062. Stay of proceedings to enforce a judgment. Amended by SJR 14. Provides that a municipality is not a state agency exempt from posting security to stay a judgment on appeal. Requires a municipality to post security to stay a judgment over $5,000,000.
SJR 14.
Posted: February 14, 2013
Rules of Juvenile Procedure
URJP 020. Discovery generally. Amend. Provides that the financial disclosure requirements of the civil discovery rule does not apply in juvenile court unless ordered.
Supreme Court Order.
Posted: February 14, 2013
Rules of Small Claims Procedure
URSCP 003. Service of the affidavit. Amend. Permits a small claims affidavit and summons to be served by any method of personal service authorized by URCP 4. Allows alternative service in a small claims case.
Supreme Court Order.
Posted: January 23, 2013
Code of Judicial Administration
CJA 02-0204. Local supplemental rules. Amend. Modifies the process by which local rules are approved.
CJA 04-0202.01. Definitions. Amend. Excludes from the definition of a “record” documents prepared or received by a person in the person’s private capacity and documents that do not relate to the public’s business.
CJA 04-0202.02. Records classification. Amend. Removes investigative subpoenas from the list of protected records. Section 77-22-2 will regulate access to investigative subpoenas. Changes the classification of PSI reports from private to protected. Designates additional circumstances in which the name of a minor is public. Classifies as “protected” records subject to the attorney client privilege.
CJA 04-0202.03. Records access. Amend. Clarifies who has access to a private or a protected court record.
CJA 04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Amend. Permits releasing non-public records for research purposes if the interests favoring the research are greater than or equal to the interests favoring closure.
CJA 04-0401.01. Electronic media coverage of court proceedings. New. Replaces Rule 4-401. Permits electronic media coverage of any public court hearing. Describes application and approval process. Establishes factors for denying electronic media coverage. Describes limits.
CJA 04-0401.02. Possession and use of portable electronic devices. New. Permits possession and use of portable electronic devices in courthouses. Allows judge to restrict use in courtrooms.
CJA 04-0405. Juror and witness fees and expenses. Amend. Requires prosecutors to certify to the number of miles for which a witness is entitled to payment.
CJA 04-0409. Council approval of Problem Solving Courts. Amend. Regulates ex parte communication in problem solving courts, as recognized by the Code of Judicial Conduct and consistent with the signed agreement. Removes from the rule several justice courts no longer running DUI courts.
CJA 04-0503. Mandatory electronic filing. Amend. Requires the electronic filer to use a personal identity with an e-filing interface, rather than someone else’s.
CJA 04-0508. Guidelines for ruling on a motion to waive fees. New. Establishes guidelines for ruling on a motion to waive fees. Requires use of court-approved forms.
CJA 11-0201. Senior judges. Amend. Removes reference to the Judicial Council’s attorney survey for certification of senior judges.