Posted: July 20, 2022
Rules of Criminal Procedure – Effective July 19, 2022
URCrP012.5. Notice of transfer Domestic Violence case from Justice Court to District Court. (NEW). On July 1, 2022, H.B. 196 went into effect, modifying Section 78A-7-106 of the Utah Code. The statute now includes a provision whereby a domestic violence case set for trial in a justice court may be transferred to a district court after the prosecuting attorney or defendant files a notice of transfer. Rule 12.5 proposes procedure justice courts and district courts should follow to effectuate this transfer.
Pursuant to U.C.J.A. Rule 11-105, the Utah Supreme Court has approved new Rule 12.5 of the Utah Rules of Criminal Procedure for expedited adoption and a 45-day comment period.
Posted: July 14, 2022
Rules of Appellate Procedure – Effective November 1, 2022
URAP014. Review of administrative orders: how obtained; intervention. Amend. The amendments to Rule 14, which addresses review of administrative orders, is to allow parties to file a cross-petition when a petition for review is filed by another party. The amendments respond to the Utah Court of Appeals’ observation that allowing cross-petitions in administrative appeals would further judicial efficiency. See Watson v. Lab. Comm’n, 2020 UT App 170, ¶1 n.1, 480 P.3d 353.
Posted: July 14, 2022
Rules of Criminal Procedure – Effective July 13, 2022
URCrP042. Expungement. (NEW). Pursuant to U.C.J.A. Rule 11-105, the Utah Supreme Court has approved Rule 42 of the Utah Rules of Criminal Procedure for expedited adoption and another round of public comment. This version of the Rule includes technical and substantive corrections to match procedures for automatic expungement provided by Utah Code Ann. 77-40a-201. The Rule further contemplates protocol that the Administrative Office of the Courts will follow to create lists of expungement-eligible cases and identify and remove from those lists cases that do not meet eligibility criteria or are objected to by victims or prosecutors.
Posted: May 23, 2022
Code of Judicial Administration – Effective November 1, 2022
CJA03-0421. WINGS Committee. (NEW). Outlines the roles and responsibilities of the new Standing Committee on Working Interdisciplinary Network of Guardianship Stakeholders (WINGS).
CJA04-0903. Uniform custody evaluations. (AMEND). Limits the circumstances under which a custody evaluation can be ordered, outlines the training requirements of those who conduct custody evaluations, and shortens the time period in which a party must request a custody evaluation from 45 days to 28 days after the custody evaluation conference.
CJA06-0104. Water law judges. (NEW). New rule creating designated water judges in district court to handle cases involving water law and the adjudication of water rights.
Posted: May 23, 2022
Code of Judicial Administration – Effective July 1, 2022
CJA09-0109. Presiding Judges. (AMEND). Simplifies the leadership structure of justice courts and addresses the compensation disparity related to presiding and associate presiding judges by eliminating the position of Education Director. The Associate Presiding Judge will assume education duties.
Posted: May 23, 2022
Code of Judicial Administration – Effective May 23, 2022
CJA04-0508. Guidelines for ruling on a motion to waive fees. (AMEND). The proposed amendments are in response to S.B. 87, effective May 4, 2022. Among other things, SB 87 amends provisions regarding affidavits of indigency and requires a court to find an individual indigent under certain circumstances.
CJA01-0204. Executive committees. (AMEND).
CJA 01-0205. Standing and Ad Hoc Committees. (AMEND).
Creates a Standing Committee on Working Interdisciplinary Network of Guardianship Stakeholders (WINGS). Renames the Policy and Planning Committee to the “Policy, Planning, and Technology Committee.” In addition to its current responsibilities, the committee will now review and recommend technology policies and priorities. The Standing Technology Committee is dissolved.
Posted: May 20, 2022
Rules of Juvenile Procedure – Effective September 1, 2022
URJP007. Warrants. Amend. Updates statutory references affected by H.B. 248. Allows counsel for the Division of Child and Family Services to file an ex parte motion to vacate a warrant issued pursuant to Utah Code section 80-2a-202. Changes the text style of “ex parte” in subsection (h) from italic text to standard text to make it consistent with other rules.
URJP012. Admission to shelter care. Amend. Updates statutory references affected by H.B. 248.
URJP013. Shelter hearings. Amend. Updates statutory references affected by H.B. 248.
URJP014. Reception of referral; preliminary determination. Amend. Updates statutory references affected by H.B. 248.