Utah Court Rules – Approved – Page 55 – <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: February 6, 2009

Rules of Civil Procedure

URCP 045. Subpoena. Amend. Permits a person affected by a subpoena to object.
URCP 103. Child support worksheets. Repeal. Eliminates the requirement that parties send a copy of their child support worksheet to the AOC.
Supreme Court Order.

Posted: February 6, 2009

Rules of Criminal Procedure

URCrP 27. Stays pending appeal from courts of record. Amend. The amendments remove courts not of record from the rule. The process for courts not of record will be in new rule 27A. The amendments also make structural changes to help clarify the process for seeking a stay.
URCrP 27A. Stays pending appeal from courts not of record. New. This is a new rule specifically directed at appellate stays in justice court proceedings. The rule creates 3 different processes depending on the type of judgment appealed. Judgments with no jail time are automatically stayed. A notice of appeal on a judgment of incarceration less than 30 days serves as an automatic motion for a stay. In cases involving a judgment of 30 days or more, a motion must be filed. A judgment for incarceration of 30 days are more. There is a presumption in favor of a stay.
URCrP 38. Appeals from Justice Court to District Court. Amend. The amendments provide more detail on the process for appealing justice court judgments. The amendments describe the contents of the notice of appeal, the duties of the justice court when transferring the case, and the duties of the district in handling the appeal.
Supreme Court Order.

Posted: January 5, 2009

Code of Judicial Administration

CJA 04-202.02. Records classification. Amend. Classifies as private the records in guardianship and conservatorship cases, except the order and letter of appointment. Classifies some select data elements as public or private.
CJA 04-202.03. Records access. Amend. Permit access to juvenile court records by the Department of Human Services.
CJA 04-202.09. Miscellaneous. Amend. Prohibits including non-public information in an otherwise public document. Specifies substitutes for personal identifying information.
CJA 04-509. Court-appointed parent coordinator. New. Establishes the role, qualifications and procedures of the parent coordinator.
CJA 04-906. Guardian ad litem program. Amend. Establishes the relationship between the Director, the Oversight Committee, attorneys, staff and volunteers. Clarifies the complaint, discipline and appeal process.

Posted: January 2, 2009

Rules Governing the Utah State Bar

Petition. Petition for modification of rules governing mandatory continuing legal education. To adjust the MCLE compliance periods to conform to the Utah State Bar’s licensing renewal periods.
USB 14-0404. Active status lawyers: MCLE, NLTP and admission on motion requirements. Amend. Approved effective January 1, 2009 as an expedited amendment under Rule 11-101(6)(F). Subject to change after the comment period.
USB 14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. Amend. Approved effective January 1, 2009 as an expedited amendment under Rule 11-101(6)(F). Subject to change after the comment period.
USB 14-0405. MCLE requirements for lawyers on inactive status. Amend. Change date for MCLE compliance. Approved effective January 1, 2009.
USB 14-0406. MCLE requirements for lawyers on active military duty. Amend. Change date for MCLE compliance. Approved effective January 1, 2009.
USB 14-0407. MCLE requirements for lawyers on active emeritus status. Amend. Change date for MCLE compliance. Approved effective January 1, 2009.
USB 14-0720. Qualifications for admission of house counsel applicants. Amend. Change date for MCLE compliance. Approved effective January 1, 2009.
Supreme Court Order

Posted: January 2, 2009

Rules Governing the Utah State Bar

Amendments to establish a new lawyer training program.
USB 14-0402. Definitions.
USB 14-0404. Active status lawyers: MCLE, NLTP and admission on motion requirements.
USB 14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals.
USB 14-0417. Miscellaneous fees and expenses.
USB 14-0705. Admission on motion.
USB 14-0801. Definitions.
USB 14-0808. New lawyer training program.
Supreme Court Order.

Posted: November 19, 2008

Rules Governing the Utah State Bar

Revisions to Utah State Bar’s Fee Dispute Rules (formerly Fee Arbitration Rules) to further clarify the mediation process approved by the Supreme Court last year. The amendments provide additional details, such as what qualifies for mediation, how mediation can be requested, how mediators are selected, confidentiality, mediation procedures.
USB 14-1103. Exclusions. Amend.
USB 14-1112. Request and agreement to mediate fee dispute, answer. New.
USB 14-1113. Selection of mediator. New.
USB 14-1114. Matters entitled to mediation. New.
USB 14-1115. Mediation is voluntary. New.
USB 14-1116. Conduct of the mediation. New.
USB 14-1117. Confidentiality. New.
USB 14-1118. Ex parte communications with the mediator. New.
USB 14-1119. Exemption from future testimony. New.
USB 14-1120. Mediation agreement. New.
Supreme Court Order

Posted: September 17, 2008

Code of Judicial Administration

CJA 01-205. Standing and ad hoc committees. Amend. Adds an attorney with experience representing parents in abuse, neglect and dependency cases to the Committee on Children and Family Law.
CJA 01-305. Board of Senior Judges. Amend. Restrict membership to active senior judges.
CJA 02-103. Open and closed meetings. Amend. Prohibits those attending a closed meeting from discussing the topic except with others attending the meeting.
CJA 03-403. Judicial branch education. Amend. Establishes the minimum requirements for an active senior judge after a break in service.

Posted: September 3, 2008

Rules of Civil Procedure

URCP 009. Pleading special matters. Amend. Correct references to former Utah Code Title 78.
URCP 026. Advisory Committee Note. Amend. Correct references to former Utah Code Title 78.
URCP 057. Declaratory judgments. Amend. Correct references to former Utah Code Title 78.
URCP 064. Writs in general. Amend. Correct references to former Utah Code Title 78.
URCP 064A. Prejudgment writs in general. Amend. Correct references to former Utah Code Title 78.
URCP 064D. Writ of garnishment. Amend. Correct references to former Utah Code Title 78.
URCP 064E. Writ of execution. Amend. Correct references to former Utah Code Title 78.
URCP 065C. Post-conviction relief. Amend. Correct references to former Utah Code Title 78.
URCP 067. Deposit in court. Amend. Correct references to former Utah Code Title 78.
URCP 100. Coordination of cases pending in district court and juvenile court. Amend. Correct references to former Utah Code Title 78.

Posted: September 3, 2008

Rules of Criminal Procedure

URCrP 15.5. Out of court statement and testimony of child victims or child witnesses of sexual or physical abuse – Conditions of admissibility. Amend. The amendments are intended to help bring the rule into compliance with the requirements of Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004).
Supreme Court Order
URCrP 33. Regulation of conduct in the courtroom. Amend. The amendments will permit a judge to sanction an attorney or party for incivility in pleadings or courtroom conduct.
Supreme Court Order

Posted: September 3, 2008

Rules of Appellate Procedure

URAP 03. Appeal as of right: how taken. Amend. States that a trial court clerk shall accept a notice of appeal even if the filing fee is not paid at that time. The fee must be paid within a reasonable time or the case might be dismissed.
URAP 41. Certification of questions of law by United States courts. Amend. The proposed amendments state that, in certification cases, the rules of appellate procedure apply to the form of briefs and the proceedings on oral argument, except to the extent that the court notifies the parties differently.
Supreme Court Order