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Rules Governing the Utah State Bar and Rules of Professional Practice – Effective May 1, 2025

Rule 3.3. Candor toward the tribunal. AMEND. The amendments align the rule and intent with the model rule as was originally done.  Utah restructured this rule by renumbering paragraphs from the model rule.  In doing so, the model language (now in subsection (d)) included that “the duties stated in paragraphs (a) and (b)” required disclosure but omitted the new paragraph (c).  The language of Utah paragraph (c) is found in model rule paragraph (b).  The comments were also amended to reflect correct citations.  The Court has also removed the language “or is reckless with respect to its truth” from Comment 1.  The Court approves this rule as final with an effective date of May 1, 2025, while simultaneously publishing it for public comment pursuant to CJA Rule 11-105.

USB14-806. Admission pro hac vice. AMEND. The proposed amendment for pro hac vice admission would remove the requirement that a Utah Bar member be a Utah resident and have a law office in Utah.

Supreme Court Order

Supreme Court Order

 

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Approved Amendments to Utah Rules of Appellate Procedure – Effective May 1, 2025

URAP008. Stay or injunction pending appeal. The amendments to Rule 8 include: 1) removing paragraph (a)(1)(B) as this relief is already covered by paragraph (a)(1)(A); 2) updating the injunction standard to match the standard in Rule 65A of the Rules of Civil Procedure; and 3) cleaning up language and format for clarity and consistency.

URAP010. Procedures for summary disposition or simplified appeal process. The amendment to Rule 10 is to remove paragraph (c) and allow Rule 22 to govern extensions.

Supreme Court Order

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Approved Amendments to Utah Code of Judicial Administration – Effective May 1, 2025

CJA 4-202.02. Records classification. (AMEND)
Upon request, the contact and identifying information of a participant in the Safe at Home Program under Utah Code, title 77, chapter 38, part 6, will be classified as “safeguarded”records. All other amendments are non-substantive formatting changes.

CJA04-202.04. Request to access a record associated with a case; request to classify a record associated with a case. (AMEND)
The amendments allow court clerks to waive the “in writing” requirement for requests to access non-public court records, if the requester is authorized to access those records under Rule 4-202.03. All other amendments are non-substantive formatting changes.

Judicial Council Order

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Approved Amendments to Utah Rules of Evidence – Effective May 1, 2025

URE0106. Remainder of or Related Writings or Recorded Statements. Amend. The amendments track recent changes to Federal Rule of Evidence 106, omitting language indicating that the statements covered by the rule are only those in “writing or recorded,” and adding a sentence affirming, “The adverse party may do so over a hearsay objection.”

URE1102. Reliable Hearsay in Criminal Preliminary Examinations. Amend. The amendment adds a reference to the legislative joint resolution that amended this rule last year.

Supreme Court Order

Supreme Court Order

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Approved Amendments to Utah Rules of Appellate Procedure – Effective January 22, 2025

URAP003. Appeal as of right—how taken.
URAP009. Docketing statement.
URAP010. Procedures for summary disposition or simplified appeal process.
URAP011. The record on appeal.
URAP019. Extraordinary relief.
URAP034. Costs.
URAP043. Rule 43. Certification by the Court of Appeals to the Supreme Court.
The Committee proposes amending Rule 3 to add that parties may also appeal a final order or judgment from the Business and Chancery Court. The Committee also proposes amending Rules 9, 10, 11, 19, 34, and 43 to: 1) change “district court” to “trial court” to include the Business and Chancery Court; and 2) clean-up language for clarity and consistency.

Supreme Court Order

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Approved Amendments to Utah Code of Judicial Administration – Effective May 1, 2025

CJA03-302. Clerk of court (AMEND)
The amendments bring the rule in line with current practice, help court employees understand the Clerk of Court’s role, and update language and other terms for consistency purposes.

CJA03-303. Justice court clerk (AMEND)
The amendments clarify the role of non-court staff in justice court operations and codify the Judicial Council’s decision to restrict access to the courts’ case management system when certification requirements have not been met.

CJA04-401. Proceedings conducted by remote transmission (NEW)
The rule requires remote court proceedings held by video conference to be conducted exclusively via video conferencing platform approved by the Judicial Council. The Council may grant exceptions.

Judicial Council Order

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Approved Amendments to Utah Rules of Criminal Procedure – Effective December 18, 2024

The Supreme Court’s Advisory Committee on the Rules of Criminal Procedure updated citations to the Utah Code in Rules 6, 7, 7A, and 9. The amendments do not include any substantive changes to the Rules.

URCrP06. Warrant of arrest or summons. Amend.

URCrP07. Initial Proceedings for class A misdemeanors and felonies. Amend.

URCrP7A. Procedures for arraignment on class B or C misdemeanors, or infractions. Amend.

URCrP09. Proceedings for persons arrested without a warrant on suspicion of a crime. Amend.

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Approved Amendments to Utah Code of Judicial Administration – Effective May 1, 2025

CJA4-202.02. Records Classification. Amend. The amendments reclassify probation progress/violation reports as protected records, classify “nonpublic restitution records” as sealed records in accordance with Utah Code, and update statutory references.

CJA4-202.03. Records access. Amend. The amendments are non-substantive clerical changes.

CJA6-104. District court water judges. Amend. The amendments clarify that the supervising water judge is responsible for reassigning water cases upon the retirement of a water judge.

Judicial Council Order

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