Utah Court Rules – Approved – Page 63 – <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 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.

Posted: February 18, 2004

Code of Judicial Administration

CJA 4-202.08. Fees for records, information, and services. Changes fee for on-line search from per minute to per search basis.
CJA 4-611. Probable cause determinations for purposes of detention. Repeal. Procedure governed by URCrP 7.
CJA 4-801. Transfer of small claims cases. Conform to small claims amendments.
CJA 4-802. Motion to reinstate small claims proceedings. Repeal. Procedures governed by Small Claims Rule 10.
CJA 4-803. Trials de novo in small claims cases. Repeal. Procedures governed by Small Claims Rule 12.
CJA 11-101. Supreme Court’s rulemaking process. Include rules regulating the Utah State Bar in the Supreme Court?s rule making process. Adopts notice of comment period by email.
CJA 11-203. Senior justice court judges. Repeal and reenact. Adopt for senior justice court judges the similar qualifications and procedures as for senior judges of the courts of record.

Posted: February 17, 2004

Rules of Civil Procedure

URCP 62. HJR 16 amends URCP 62, establishing the maximum allowable security to stay a judgment during appeal.

Posted: February 17, 2004

Rules governing admissions

Rule 1. Definitions. Clarifies definition of “Approved Law School”.

Posted: February 17, 2004

Rules governing admissions

Rule 5-4. Admission on motion. Changes MCLE requirement from 27 to 24 hours.

Posted: February 17, 2004

Rules governing MCLE

MCLE Rule 3. Establishes requirements and procedures for new members and members admitted by motion.
MCLE Regulation 3-104. Establishes requirements and procedures for active emeritus members.
MCLE Rule 4. Changes one hour of education from 50 to 60 minutes.
MCLE Regulation 4d-101. Changes one hour of education from 50 to 60 minutes.

Posted: February 17, 2004

Rules of Civil, Criminal, Appellate and Juvenile Procedure. Rules of Professional Conduct. Code of Judicial Conduct. Code of Judicial Administration.
Recodification Tracking Table. Table summarizing the repeal of provisions from the Code of Judicial Administration and the treatment of those provisions within the Rules of Civil, Criminal, Appellate and Juvenile Procedure.
URCP 5. Service and filing of pleadings and other papers. Technical changes approved by the Supreme Court but omitted from Utah Court Rules Annotated.