Rules of Criminal Procedure

URCrP 004. Prosecution of public offenses. Amend. Allows prosecutors to add or change charges before trial as long as the substantial rights of the defendant are not prejudiced
URCrP 007. Proceedings before magistrate. Amend. Implements the Supreme Court’s decision in State v. Hernandez, 2011 UT 70, requiring preliminary hearings in class A misdemeanors.
URCrP 036. Withdrawal of counsel. Amend. Requires counsel to include in a motion to withdraw a certification that withdrawal is consistent with the rules of professional conduct.
Supreme Court Order

Continue Reading

Code of Judicial Administration

CJA 03-0408. Inventory. Amend. Deletes procedures that are no longer required.
CJA 03-0414. Court security. Amend. Removes from the rule certain architectural features for court facilities. Transfers some responsibilities from the TCEs and the Judicial Council to the Court Security Director. Regulates access keys and cards. Prohibits demonstrations inside a courthouse. Technical amendments.
CJA 04-0202.02. Records classification. Amend. Modifies records to be classified as sealed, private or protected. Identifies record series by casetype to be classified as sealed or private.
CJA 04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. Amend. Moves from Rule 4-202.02 to this rule descriptions of records that require judicial approval to classify as non-public.
CJA 04-0202.09. Miscellaneous. Amend. Requires a person filing a record with the court to identify the record as non-public if it qualifies as non-public.
CJA 04-0510.01 Alternative dispute resolution definitions. Renumber and amend. Replaces paragraph (1) of Rule 4-510. Retains the same definition of terms.
CJA 04-0510.02 Responsibilities of the Director and Administrative Office of the Courts. Renumber and amend. Replaces paragraphs (2) and (4)(A) of Rule 4-510. Retains the same responsibilities for program administration.
CJA 04-0510.03. Qualification of ADR providers. Renumber and Amend. Replaces paragraph (3) of Rule 4-510. Retains the same qualifications for ADR providers.
CJA 04-0510.04. ADR training. Renumber and Amend. Replaces paragraph (4) of Rule 4-510. Retains the same training qualifications and requirements.
CJA 04-0510.05 Referral of civil actions. Renumber and amend. Replaces paragraphs (5) through (16) of Rule 4-510.Modifies how cases involved in ADR are handled. Eliminates the requirement to view the ADR video.
CJA 04-0510.06 Cases exempt from ADR rules. Renumber and amend. Replaces the “Applicability” section Rule 4-510. Identifies the casetypes excluded from the ADR rules.
CJA 04-0704. Authority of court clerks to extend payment schedule and dismiss citations. Amend. Allows clerks to dismiss citations as permitted in the Uniform Fine/Bail Schedule.
CJA 04-0904. Informal trial of support, custody and parent-time. New. Provides for an optional informal trial in which the parties present their cases in narrative form with questions by the judge.
CJA 04-0907. Mandatory divorce education. Amend. Simplifies policy on access to divorce orientation courses and divorce education courses.
CJA 06-0401. Domestic relations commissioners. Amend. Makes amendments to conform to Rule of Civil Procedure 108.
CJA 06-0601 Mental health commissioners. Amend. Makes amendments to conform to Rule of Civil Procedure 108.
CJA 07-0307. Use of money in the restitution fund. Amend. Allows the trial court executive to spend up to $250 without approval by the juvenile court administrator.
CJA Appendix I. Summary of Classification of Court Records. New. Summarizes the classification of record series by casetype.

Continue Reading
Continue Reading
Continue Reading

Rules of Evidence

Restyled Rules of Evidence. Consistent with the restyling of the Federal Rules of Evidence, the language of these rules has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.
Supreme Court Order.

Continue Reading
Continue Reading
Continue Reading

Rules of Civil Procedure

The Supreme Court has approved these extensive changes to the civil disclosure and discovery rules. Because several of the rules are difficult to read with traditional redline interlineation, the rules are also shown here as amended. The amendments are effective for all cases filed on or after November 1, 2011.
Supreme Court Order.

Redline As Amended
URCP 001. General provisions. URCP 001. General provisions.
URCP 008. General rules of pleadings. URCP 008. General rules of pleadings.
URCP 009. Pleading special matters. URCP 009. Pleading special matters.
URCP 016. Pretrial conferences. URCP 016. Pretrial conferences.
URCP 026. General provisions governing disclosure and discovery. URCP 026. General provisions governing disclosure and discovery.
URCP 026.01. Disclosure in domestic relations actions. URCP 026.01. Disclosure in domestic relations actions.
URCP 029. Stipulations regarding disclosure and discovery procedure. URCP 029. Stipulations regarding disclosure and discovery procedure.
URCP 030. Depositions upon oral questions. URCP 030. Depositions upon oral questions.
URCP 031. Depositions upon written questions. URCP 031. Depositions upon written questions.
URCP 033. Interrogatories to parties. URCP 033. Interrogatories to parties.
URCP 034. Production of documents and things and entry upon land for inspection and other purposes. URCP 034. Production of documents and things and entry upon land for inspection and other purposes.
URCP 035. Physical and mental examination of persons. URCP 035. Physical and mental examination of persons.
URCP 036. Request for admission. URCP 036. Request for admission.
URCP 037. Discovery and disclosure motions; Sanctions. URCP 037. Discovery and disclosure motions; Sanctions.
URCP 054. Judgments; costs. URCP 054. Judgments; costs.
Continue Reading
Continue Reading

Rules of Criminal Procedure

URCrP 015A. Scientific, Lab, and Analytical Reports – When prosecution required to produce foundation and chain of custody witnesses. Repeal. The rule was enacted in 2010 to create a streamlined process to address the confrontation issues established by Melendez-Diaz. The rule has had the opposite effect, creating additional and unnecessary work for both prosecutors and defense attorneys.
Supreme Court Order

Continue Reading