Author: Utah Courts

Rules of Civil Procedure – Effective May 1, 2025

URCP053A. Special masters for parenting disputes in domestic relations actions (NEW) This new rule covers the court appointment of special masters specific to domestic relations actions.  A separate administrative rule is being drafted and will be proposed to cover the training and qualifications of a special master in domestic relations actions.

Supreme Court Order

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Rules of Evidence – Effective May 1, 2025

URE0613. Witness’s prior statement. Amend. The proposed amendments follow recent changes to Federal Rule of Evidence 613 concerning the timing of admission of extrinsic evidence of a witness’s prior inconsistent statement. The amendments would generally require that, prior to such evidence being admitted, the witness be given an opportunity to explain or deny the prior statement.

Supreme Court Order

 

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Code of Judicial Administration – Effective May 1, 2025

CJA01-205. Standing and ad hoc committees (AMEND)
The amendments: 1) add community representatives who are knowledgeable about the needs of self-represented litigants to certain standing committees; 2) require the chair of each standing committee to conduct an assessment of the committee’s performance every three years and present those findings to the Management Committee; and 3) make non-substantive formatting changes.

CJA03-306.04. Interpreter appointment, payment, and fines (AMEND)
The amendments prohibit parties from asking court interpreters to provide on-the-spot interpretations of recorded evidence and on-the-spot translations of written documents during court proceedings.

CJA04-510.03. Qualifications of ADR providers (AMEND)
The amendments require that all applicants seeking to be included on the court roster as an arbitrator be a member of the Utah State Bar in good standing for at least ten years in order to qualify, removing alternative education, training, and experience options.

CJA04-202.02. Records classification (AMEND)

CJA04-510.06. Cases exempt from ADR rules (AMEND)

CJA04-613. Jail prisoner transportation (AMEND)  Non-substantive changes were made to rules 4-202.02, 4-510.06, and 4-613 in response to legislative recodifications.

CJA04-202.03. Records access (AMEND)
House Bill 129 amends adopted individuals’ right to access adoption records. Given the scope of the bill, the proposed amendments to rule 4-202.03 refer individuals to the statute to determine access to adoption records maintained by the court.

CJA Appendix A.  Justice Court Nominating Commissions Procedure Manual (AMEND)
The proposed amendments to Appendix A of the Code of Judicial Administration update justice court nominating commission procedures. Among other things, the amendments require applicants to use an online portal to be considered for a judgeship in justice courts and remove the credit check requirement.

Judicial Council Order

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Supreme Court Rules of Professional Practice – Effective May 1, 2025

CJA11-401. Standing Committee on Appellate Representation (AMEND) There are two amendments to this rule. The first amendment relates to the qualifications for the appellate rosters. The amendment adds a requirement that an attorney applying for the appellate rosters list and explain the reasons for all cases in which the attorney requested ten or more extensions from criminal cases, or two or more extensions for juvenile cases. The second amendment relates to the logistics and timing of the application and reapplication process for the appellate rosters.

Supreme Court Order

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Rules of Appellate Procedure – Effective May 1, 2025

URAP040A. Vexatious Litigants. New. The rule creates a process for the appellate courts to find a party to be a “vexatious litigant.”

URAP042. Transfer of case from Supreme Court to Court of Appeals. Amend. The amendments to Rule 42 that were previously sent out for public comment and have been approved include: 1) add to the rule the Court’s currently internal process for retention of appeals in the Supreme Court; and 2) clean-up language for clarity and consistency. One additional amendment was made to remove “to final decision and disposition” in paragraph (g) Subsequent proceedings before Court of Appeals. This additional amendment is being sent out for public comment and approved as final effective May 1, 2025.

Supreme Court Order

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Rules of Civil Procedure – Effective May 7, 2025

URCP026. General provisions governing disclosure and discovery. Amend. On March 7, 2025, the Legislature passed SJR004, a joint resolution amending Rule 26 of the Utah Rules of Civil Procedure and Rule 510 of the Utah Rules of Evidence regarding the work-product doctrine and waiver of the attorney-client privilege in the context of a legislative audit. The bill takes effect on May 7, 2025.

 

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Rules of Evidence – Effective May 7, 2025

URE0510. Miscellaneous matters. Amend. On March 7, 2025, the Legislature passed SJR004, a joint resolution amending Rule 26 of the Utah Rules of Civil Procedure and Rule 510 of the Utah Rules of Evidence regarding the work-product doctrine and waiver of the attorney-client privilege in the context of a legislative audit. The bill takes effect on May 7, 2025.

 

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Rules Governing the Utah State Bar – Admissions -Effective May 1, 2025

USB 14-701 Definitions. Amend.

• General cleanup for clarity and consistency
• Adds that pro bono work under 14-803 is “Active Practice”
• Updates language referring to delicensed attorneys
• Modifies definition for Formerly-Admitted Applicant
• Changes definition of an “Unapproved Law School”

USB 14-702. Board – general powers. Amend.

• General cleanup for clarity and consistency

USB 14-703. Qualifications for admission of Student Applicants. Amend.

• General cleanup for clarity and consistency

USB 14-704. Qualifications for admission of Attorney Applicants. Amend.

• General cleanup for clarity and consistency
• Changes active practice of law requirement for applicants from Unapproved law schools
• Changes the active practice of law requirement for applicants from foreign law schools

USB 14-705. Admission by motion. Amend.

• General cleanup for clarity and consistency

USB 14-706. Test accommodations. Amend.

• General cleanup for clarity and consistency

USB 14-707. Application; deadlines; withdrawals; postponements and fees. Amend.

• General cleanup for clarity and consistency
• Modifies the background investigation requirements to allow Admissions Committee to prescribe method of investigations
• Removes late filing deadlines for examinees
• Gives Deputy General Counsel or the Character and Fitness Committee authority to keep an application open for more than one year

USB 14-708. Character and fitness. Amend.

• General cleanup for clarity and consistency
• Adds language to reflect the position of financial obligations in the review of an applicant’s character and fitness

USB 14-709. Application denial. Amend.

• General cleanup for clarity and consistency

USB 14-711. Grading and passing the Bar Examination. Amend.

• General cleanup for clarity and consistency
• Adds language about appeal process specifically for paragraph (f)

USB 14-712. Qualifications for admission based on UBE. Amend.

• General cleanup for clarity and consistency

USB 14-713.  MPRE. Amend. 

• General cleanup for clarity and consistency

USB 14-714. Unsuccessful Applicants disclosure and right of inspection. Amend.

• General cleanup for clarity and consistency

USB 14-715. Requests for Review. Amend.

• General cleanup for clarity and consistency

USB 14-716. License fees; enrollment fees; oath and admission. Amend.

• General cleanup for clarity and consistency
• Updates information to match the current relationship of admissions to the Utah Supreme Court and the District Court for the District of Utah

USB 14-717. Readmission of Utah attorneys after resignation with discipline, administrative suspension for three or more years, resignation with discipline, or delicensure. Amend.

• Updated title of rule for consistency
• General cleanup for clarity and consistency
• Changes requirement that a Formerly-Admitted Attorney applying under Rule 14-704 does not need to retake the bar examination but must complete the New Lawyer Training Program

USB 14-718. Licensing of Foreign Legal Consultants. Amend.

• General cleanup for clarity and consistency

USB 14-719. Qualifications for admission of House Counsel Applicants. Amend.

• General cleanup for clarity and consistency
• Adds language indicating that House Counsel can not use lack of notice from the Bar as a defense to continuing to practice as House Counsel after authorization has ceased based on a triggering event

USB 14-720. Confidentiality. Amend.

• Removes language allowing Bar to disclose names of Applicants
• General cleanup for clarity and consistency

USB 14-721. Admission of Deferred Action for Childhood Arrivals recipients. Amend.

• General cleanup for clarity and consistency

Supreme Court Order

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