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.”
Posted: July 23, 2024
Rules of Civil Procedure – Effective November 1, 2024
URCP 018. Joinder of claims and remedies. FINAL. The proposed amendments reflect the change in the statue using the language “voidable transaction” instead of “fraudulent conveyance.” Other changes were made to the gendered pronouns used in the rule, as well as to simplify the language of the rule.
Posted: July 15, 2024
Rules of Juvenile Procedure – Effective November 1, 2024
URJP050 Presence at hearings. Amend. The approved amendments to Rule 50 include: (1) a correction to referenced statute in paragraph (a); (2) replacing “court” and “courtroom” with “hearing” in paragraph (d), allowing the court to exclude a person from a hearing, including a remote hearing; and (3) stylistic and grammatical changes.
Posted: June 28, 2024
Code of Judicial Administration – Effective November 1, 2024
CJA06-0304.Grand jury panel (AMEND). Changes all grand jury panel member terms to 5 years, with no member serving more than 2 consecutive terms. Retiring members would be allowed to finish out a term as an active senior judge.
Posted: May 31, 2024
Code of Judicial Administration – Effective Date May 30, 2024
CJA01-0305. Board of senior judges. Amend. Expands membership on the Board to include senior justice court judges and revises term lengths and the number of Board meetings.
CJA03-0104. Presiding judges. Amend. Removes the requirement to send notice of a senior judge assignment to the State Court Administrator.
CJA03-0108. Judicial assistance. Amend. Adds water law cases to the criteria for transferring or assigning senior judges, and clarifies and simplifies considerations for assigning senior judges.
CJA03-0111. Performance evaluations. Amend. Removes references to senior judges. The process for evaluating senior judge performance has been incorporated into Rule 11-201.
CJA03-0113. Senior judges. Amend. Requires the AOC to provide a new senior judge orientation and expands the responsibilities of court executives in providing support for senior judges.
CJA03-0403. Judicial branch education. Amend. Clarifies that “annually” refers to the fiscal year and revises and simplifies education requirements for active and inactive senior judges.
CJA03-0501. Insurance benefits upon retirement. Amend. Revises qualifications for incentive benefits.
CJA011-0201. Senior Judges. Amend.
CJA.011-0203. Senior Justice Court Judges. Amend.
CJA01-0305. Judicial Council Order
CJA03-0104. Judicial Council Order
CJA03-0108. Judicial Council Order
CJA03-0111. Judicial Council Order
CJA03-0113. Judicial Council Order
CJA03-0403. Judicial Council Order
Posted: May 20, 2024
Code of Judicial Administration – Effective Date May 1, 2024
CJA04-0601. Selection of indigent aggravated murder and defense fund counsel (REPEAL)
Under Senate Bill 160, effective May 1, 2024, the Office of Indigent Defense Services will be responsible for administering the Indigent Aggravated Murder Defense Fund and assigning an indigent defense service provider to represent individuals prosecuted for aggravated murder. As such, rule 4-601 has been repealed.
CJA02-0212. Communication with the Office of Legislative Research and General Counsel (AMEND)
House Bill 344, effective May 1, 2024, combines the legislature’s “Judicial Rules Review Committee” and “Administrative Rules Review and General Oversight Committee” into one committee called the “Rules Review and General Oversight Committee.” The amendments bring the rule in line with new reporting requirements in the bill.
CJA04-0907. Divorce education and divorce orientation course (AMEND)
Under House Bill 337, effective May 1, 2024, the Judicial Council must provide a separate mandatory parenting course “for unmarried parties in a parentage action determining issues of child custody and parent-time.” Until the unmarried parties course is available, unmarried parties must attend the married parents course.
CJA04-0601. Judicial Council Order