Posted: October 10, 2024
Rules of Appellate Procedure – Effective November 1, 2024
URAP019. Extraordinary relief. Amend. The amendment to Rule 19 updates the reference to Rule 23C.
URAP021. Filing and service. Amend. The amendments to Rule 21 include: (1) removing the language “and accompanied by proof of service” in paragraph (c) because that language is unnecessary where paragraph (e) provides the requirements for proof of service; (2) changing “contact information” to “user accounts” to clarify that electronic service will occur on parties that have a user account; and (3) removing the language from paragraph (a)(1) about the transition to e-filing and the effective date of August 1, 2024.
URAP023C. Motion for emergency relief. Amend. The amendments to Rule 23C include: (1) changing “emergency relief” to “expedited review” to clarify the precise use of this rule; and (2) clean-up language for clarity and consistency.
URAP029. Oral Argument. Amend. The amendment to Rule 29 adds that a party may not reserve more than five minutes for rebuttal during oral argument.
Posted: October 10, 2024
Rules of Civil Procedure – Effective November 1, 2024
URCP001. General Provisions. FINAL. The amendments to this rule are to conform to the rules style guide. It was reviewed along with Rule 81 after the drafting of the new Rules of Business and Chancery Court Procedure.
URCP005. Service and filing of pleadings and other documents. FINAL. The amendments to this rule take into account the new filings systems and ways in which service and filing can be accomplished. The major amendments include removing the list from paragraph (a), updating the methods of service found in paragraph (b), and a revised paragraph (d) for certificates of service. Amendments were also made to conform to the rules style guide, format for other rules, and to use plain language.
URCP007A. Motion to enforce order and for sanctions. FINAL. The amendments to rules 7A(h) were made to clarify the enforcement mechanisms found in rule 37(b) as opposed to using the motion to enforce order and for sanctions process found in rule 7A. This amendment also includes a proposal to delete subparagraph (b)(6) from Rule 37. The proposed amendments to Rule 37 will be forthcoming as the proposals include additional language changes for subpoenas that are being made in conjunction with several other URCP rules.
URCP060. Relief from judgment or order. FINAL. The amendments to this rule are to clarify the language found in subparagraph (d) and update the numbering found in subparagraph (b) to conform to the rules style guide.
URCP081. Applicability of rules in general. FINAL. The amendments to this rule were proposed after the drafting and finalization of the new Rules of Business and Chancery Court Procedure, and to conform to the rules style guide.
Posted: September 5, 2024
Utah Rules of Business and Chancery Court Procedure – Effective September 1, 2024
NEW Utah Rules of Business and Chancery Procedure – These rules were drafted using the Utah Rules of Civil Procedure as their base line. These rules simply incorporate them by reference rather than repeat the identical language. The Rules of Civil Procedure that do not apply in Business and Chancery Court are explicitly excluded by reference in Appendix A. These rules are effective Sept. 1, 2024.
URBCP001. NEW — General provisions.
URBCP008. NEW — General rules of pleadings.
URBCP010. NEW — Form of pleadings and other papers.
URBCP013. NEW — Counterclaim and crossclaim.
URBCP014. – NEW— Third-party practice.
URBCP016. – NEW— Pretrial conferences.
URBCP018. – NEW— Joinder of claims and remedies.
URBCP019. NEW— Joinder of persons needed for just adjudication.
URBCP020. NEW— Permissive joinder of parties.
URBCP022. NEW — Interpleader.
URBCP024. NEW— Intervention.
URBCP026. NEW — General provisions governing disclosure and discovery.
URBCP038. NEW— Jury trial of right.
URBCP042. NEW — Consolidation and separate trials.
URBCP063. NEW — Disability or disqualification of a judge.
URBCP065A. NEW— Injunctions.
URBCP065B. NEW — Extraordinary relief.
URBCP077. NEW — Business and chancery court; clerks.
URBCP085. NEW— Title.
URBCP086. NEW — Licensed paralegal practitioners.
Appendix A. NEW – Rules of Civil Procedure excluded from Rules of Business and Chancery Court Procedure.
Posted: September 5, 2024
Approved Amendments to Utah Code of Judicial Administration – Effective November 1, 2024
CJA1-204. Executive committees. (AMEND) Amends membership on the Technology Advisory Subcommittee.
CJA4-202.01. Definitions. (AMEND) Clarifies that calendars are not “records.”
CJA4-905. Restraint of minors in juvenile court. (AMEND) The approved amendments fix an incorrect reference.
The approved amendments below update statutory references to account for the recodification of the Domestic Relations Code.
CJA4-508. Guidelines for ruling on a motion to waive fees. (AMEND)
CJA4-510.06. Cases exempt from ADR rules. (AMEND)
CJA4-903. Uniform custody evaluations. (AMEND)
CJA4-907. Divorce education and divorce orientation courses. (AMEND)
Posted: September 5, 2024
Approved Amendments to Utah Code of Judicial Administration
CJA3-102. Assumption of judicial office. (AMEND) Clarifies that the Judicial Council may extend the qualification time period for an appointee confirmed by the Senate when the judge the appointee is replacing has not ended their term.
CJA4-206. Exhibits. (AMEND) The proposed amendments reflect recent statutory changes concerning the receipt, retention, and exposal of court exhibits.
CJA4-101. Manner of Appearance. (NEW) The Supreme Court recently adopted rules of civil, criminal, and juvenile procedure identifying factors judges should consider when setting in-person, remote, and hybrid hearings. This rule is a companion rule addressing notice and compliance.
Posted: August 22, 2024
Supreme Court Rules of Professional Practice – Effective August 14, 2024
USB14-0810. New. This rule was published for public comment on May 28, 2024 as Rule 11-706. The Supreme Court has decided to place this rule in Chapter 14 instead of Chapter 11. The Supreme Court is republishing this rule for public comment because of edits made after the previous public comment period.
Posted: August 21, 2024
Notice of Approved MCLE Rule Amendments – Effective November 1, 2024
MCLE Rule Amendments. Several housekeeping changes which correctly identify “paralegal practitioners” as “licensed paralegal practitioners”; resolve questions raised by the Court during discussions on previously proposed changes; update, correct and clarify various provisions; and make rules for readmission after MCLE suspensions consistent with Court rules governing readmission after other types of administrative suspensions.
Please note that there were no changes to MCLE Rule 11-607, and 11-608.
Posted: August 19, 2024
Rules of Criminal Procedure – Effective November 1, 2024
URCrP008. Appointment of Counsel. Amend. The Committee’s work on URCrP 8 focused on addressing the qualifications of attorneys appointed on capital cases and making language consistent throughout the Rule.
Posted: August 16, 2024
Utah Rules of Civil Procedure, Utah Rules of Criminal Procedure and Utah Rules of Juvenile Procedure – Effective September 1, 2024
URCP087. NEW. In-person, remote, and hybrid hearings; request for different format.
URCrP017.5. REPEAL AND REPLACE. In-person, remote, and hybrid hearings; request for different format.
URJP061. NEW. In-person, remote, and hybrid hearings; requests for different format.
Posted: August 15, 2024
Rules of Juvenile Procedure – Effective November 1, 2024
URJP005. Definitions. Amend. The approved amendment to Rule 5 removes the definition of “adjudication.” Senate Bill 88 of the 2024 Legislative Session amends the definition of “adjudication” as found in Utah Code section 80-1-102. “Adjudication” as defined in statute is a better fit for the Rules of Juvenile Procedure. As a result of the removal of “adjudication,” the remaining paragraphs are renumbered.
URJP013A. Limited-purpose intervention. New. In response to In re J.T., 2023 UT App 157, Rule 13A guides intervention in the juvenile court.
URJP015. Preliminary inquiry; informal adjustment without petition. Amend. The approved revision to Rule 15 amends paragraph (f) to refer to statute as the guiding criteria for non-judicial extensions. The term “probation intake officer” was changed to “probation officer.” Additional grammatical and stylistic changes were also made for clarity.
URJP019C. Amend. Regarding motions on the justification of the use of force, the approved amendment to Rule 19C specifically adopts Rule 12(c)(3) of the Rules of Criminal Procedure. This amendment intends to clarify the relationship between statute, the Rules of Criminal Procedure, and the Rules of Juvenile Procedure as outlined in Rule 2 of the Rules of Juvenile Procedure.
URJP022. Initial appearance and preliminary hearing in cases under Utah Code sections 80-6-503 and 80-6-504. Amend. House Joint Resolution 13 of the 2024 Legislative Session made changes to Rule 7B of the Rules of Criminal Procedure related to hearsay. Paragraph (k) of Rule 22 is amended to mirror those changes. Paragraph (k) is further amended to provide clearer direction regarding the raising of objections at the preliminary hearing. Additional grammatical and stylistic changes were also made for clarity.
Repeal – Effective November 1, 2024
URJP031. Initiation of truancy proceedings. Repeal. Rule 31 is repealed as a result of amendments made to Utah Code section 80-6-304.5 by House Bill 362 of the 2024 Legislative Session. Habitual truancy may be referred to the juvenile court for a non-judicial adjustment, but it may not be petitioned. In addition, a change to heading “Section VIII Citable Offenses, Truancy Offenses and Status Offenses” of the rules is also made. The heading will read, “Section VIII Citable Offenses and Status Offenses.”