Posted: August 27, 2004
Code of Judicial Administration
CJA 01-205. Standing and ad hoc committees. Amend. Establishes the Judicial Outreach Committee. Technical amendments.
CJA 03-111.03. Standards of judicial performance. Amend. Establishes 30 hours per year as the minimum standard for certification.
CJA 03-114. Judicial outreach. Amend. Identifies the responsibilities of the Judicial Outreach Committee.
CJA 03-201.02. Court Commissioner Conduct Committee. Amend. Changes composition of Court Commissioner Conduct Committee.
CJA 03-403. Judicial branch education. Amend. Eliminates mandatory attendance at annual judicial conference.
CJA 03-412. Procurement of goods and services. Amend. Increases the amount of contracts within the discretion of the TCE from $1000 to $5000.
CJA 04-202.02. Records classification. Amend. Changes designation of PSI report from “controlled” to “protected” to conform with statute.
CJA 04-402. Clerical resources. Repeal and reenact. Establishes process for clerical weighted caseload.
CJA 04-701. Failure to appear. Amend. Increases bail for failure to appear.
CJA 09-101. Board of Justice Court Judges. Amend. Changes justice court representative on the Education Committee.
CJA 09-103. Certification of education requirements. Amend. Amend to conform to statutes.
Posted: June 22, 2004
Code of Judicial Administration
CJA 09-107. Justice Court Technology, Security, and Training Account. New. Establishes the process for allocation of funds from the Justice Court Technology, Security, and Training restricted account. Effective 24-May-04 under Rule 2-205 but subject to further amendment after comment period.
Posted: May 21, 2004
Rules of Civil Procedure
The following Rules of Civil Procedure have been adopted by the Supreme Court effective May 12, 2004 under the Court’s emergency rulemaking authority. CJA 11-101(4)(E). The rules are being published for comment, are subject to further change after the comment period, and are in effect during the comment period.
URCP 62. Stay of proceedings to enforce a judgment. Amend. Strikes from the rule the amendments made by HJR 16. Effective May 12, 2004 under Rule 11-101(6)(F). Subject to further change after comment period.
Order approving amendment.
Posted: May 4, 2004
Code of Judicial Administration
CJA 11-303. Special admission exception for military lawyers. New. Permits qualified military lawyers on active duty who reside, but are not licensed in Utah, to provide uncompensated limited legal services to military personnel and their dependents who suffer substantial financial hardship.
Order approving amendment.
Posted: March 25, 2004
Rules of Small Claims Procedure
The following Rules of Small Claims Procedure have been adopted by the Supreme Court effective May 3, 2004 under the Court’s emergency rulemaking authority. CJA 11-101(4)(E). The rules are being published for comment, are subject to further change after the comment period, and are in effect during the comment period.
URSCP 10. Set aside of default judgments and dismissals. Reduce time to move to set aside from 30 to 15 days.
URSCP 12. Appeals. Conform time to appeal to statute (30 days).
Posted: March 25, 2004
Rules of Appellate Procedure
The following Rules of Appellate Procedure have been adopted by the Supreme Court effective May 3, 2004 under the Court’s emergency rulemaking authority. CJA 11-101(4)(E). The rules are being published for comment, are subject to further change after the comment period, and are in effect during the comment period.
URAP 1. Scope of rules. Recognizes the new rules governing appeals in child welfare cases.
URAP 2. Suspension of rules. Adds a reference to two of the new child welfare rules.
URAP 52. Child Welfare Appeals. A notice of appeal must be filed within 15 days from the order to be appealed. Cross-appeals must be filed within 15 days.
URAP 53. Notice of Appeal. Describes the contents and service requirements of the notice of appeal.
URAP 54. Transcript of Proceedings. Any necessary transcripts must be requested within 4 days after an appeal is filed.
URAP 55. Petition on Appeal. The appellant must file a petition on appeal within 15 days from the notice of appeal. The rule describes the format and contents of the petition.
URAP 56. Response to Petition on Appeal. A response to the petition on appeal must be filed with 15 days.
URAP 57. Record on Appeal; transmission of record. Establishes what is considered to be the record on appeal and when it must be transmitted.
URAP 58. Ruling. The court will issue a ruling based on the record on appeal, the petition, and the response, or the court can order that the case be fully briefed.
URAP 59. Extensions of time. The rule describes the procedure and circumstances for extensions of time to file the appeal, the petition, or the response.
Posted: February 22, 2004
Rules of Appellate Procedure
URAP 5. Discretionary appeals from interlocutory orders. Require petition for review of interlocutory order be filed before court will consider request for stay.
URAP 8. Stay or injunction pending appeal. Modify procedural requirements for requesting a stay pending appeal.
URAP 10. Motion for summary disposition. Technical amendments.
URAP 22. Computation and enlargement of time. Technical amendments.
URAP 25. Brief of an amicus curiae or guardian ad litem. Provide to the court more direct control over whether to permit an amicus brief.
URAP 27. Form of briefs. Require notice of incarceration and Anders brief.
URAP 35. Petition for rehearing. Prohibit petition for rehearing by amicus.
URAP 38B. Qualifications for Appointed Appellate Counsel. Establish minimum qualifications for appointed counsel in appellate cases.
Posted: February 18, 2004
Rules of Civil Procedure
URCP 4. Process. Dispense with requirement that order allowing service by publication be published.
URCP 6. Time. Technical changes to conform with Rule 7.
URCP 7. Pleadings allowed, motions, memoranda, hearings, orders, objection to commissioner?s order. Removes motions to court commissioners from the scope of the rule. Establishes the maximum length of memoranda at 10 pages without leave of the court.
URCP 24. Intervention. Provides for notice to the attorney general, county attorney or municipal attorney when claiming that a statute or ordinance is unconstitutional.
URCP 62. Stay of proceedings to enforce a judgment. Clarify finality rule. This version does NOT contain the legislative amendments of HJR 16. See entry for 2004-03-02.
URCP 64D. Garnishment. Conform to statutory changes assigning collection responsibility to the Department of Workforce services.
URCP 68. Offer of judgment. Repeal and reenact. Limit liability of offeror for costs and attorney fees incurred by offeree after an offer. Establishes offeree?s responsibility for offeror?s costs.
URCP 74. Withdrawal of counsel. Replaces 4-506. Modifies content of notice/request to withdraw.
URCP 101. Domestic pretrial conferences and orders. Repeal.
URCP 106. Modification of divorce decrees. Replaces CJA 6-404. Requires petition, served as an initial complaint, to initiate action to modify divorce decree.
Posted: February 18, 2004
Rules of Criminal Procedure
URCrP 7. Proceedings before magistrate. Incorporate provisions from Code of Judicial Administration governing detention.
URCrP 38. Trials de novo of justice court proceedings. Replaces CJA 4-608. Regulates procedures for trial de novo.
Posted: February 18, 2004
Rules of Small Claims Procedure
URSCP 1. General provisions. Permit sanctions.
URSCP 2. Beginning the case. Technical amendments.
URSCP 3. Service of the affidavit. Adopt a general service and filing requirement.
URSCP 4. Counter affidavit. Conform small claims counter affidavit rule to permissive counter affidavit statute. Effect is that counter affidavits of more than the jurisdictional amount have to be filed as claims in the regular civil docket of the district court.
URSCP 6. Pretrial. Technical amendments.
URSCP 7. Trial. Technical amendments.
URSCP 8. Dismissal. Establishes presumption that dismissal is without prejudice to conform to civil rules.
URSCP 9. Default judgment. Technical amendments.
URSCP 10. Set aside of default judgments and dismissals. Incorporate provisions from Code of Judicial Administration governing small claims cases.
URSCP 11. Collection of judgments. Establishes procedure whereby debtor request satisfaction of judgment be entered.
URSCP 12. Appeals. Incorporate provisions from Code of Judicial Administration governing small claims cases.