Code of Judicial Administration – Effective June 1, 2023
CJA01-0205. Standing and ad hoc committees (AMEND). Adds members to the Judicial Council’s Standing Committee on Fairness and Accountability.
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.
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.
Posted: May 22, 2023
CJA01-0205. Standing and ad hoc committees (AMEND). Adds members to the Judicial Council’s Standing Committee on Fairness and Accountability.
Posted: May 22, 2023
CJA03-0117. Committee on Court Forms (AMEND). Acknowledges the Committee’s responsibility to review existing forms and assess the need for new court forms, adds new form requirements, including user-testing where practicable, and removes the requirement that the General Counsel conduct a legal review of every form prior to committee approval.
CJA03-0406. Budget and fiscal management (AMEND). Incorporates the role of the Budget and Fiscal Management Committee and makes other improvements to clarify the judiciary’s budget process.
Posted: May 17, 2023
Posted: May 3, 2023
URAP008. Stay or injunction pending appeal. Rule 8 is being amended to remove references to specific subparagraphs within Rule 62 of the Utah Rules of Civil Procedure. Rule 62 was significantly amended effective November 1, 2021. Those amendments deleted the prior subparagraph (d). Thus, the current reference in Rule 8(b)(1) of the Utah Rules of Appellate Procedure to “Rule 62(d) of the Utah Rules of Civil Procedure” no longer makes sense. To avoid future problems, the Committee also suggests modifying Appellate Rule 8’s subparagraph (c) because it also contains a reference to a specific subparagraph of Civil Rule 62.
Posted: April 26, 2023
URJP022. Initial appearance and preliminary examination in cases under Utah Code section 80-6-503. In its 2023 legislative session, the Utah Legislature approved SJR006, modifying Rule 22 of the Utah Rules of Juvenile Procedure. The amendment addresses the probable cause determination at a preliminary examination.
Posted: April 24, 2023
URCP059. New trials; amendments of judgment. AMEND. Amendments made to subparagraph (e) to include “unless otherwise provided for by statute or rule” because as previously written the rule may conflict with Utah Code section 78B-6-811(5)(b), which states a court may modify a judgment for additional amounts owed if a motion is submitted within 180 days.
Posted: April 24, 2023
CJA04-0202.02. Records classification (AMEND). The proposed amendments update statutory references and include three substantive changes:
Posted: April 20, 2023
URAP005. Discretionary appeals from interlocutory orders. Final Rule 5 is amended to: (1) clarify what will be deemed the entry date for an order that is entered on a weekend or legal holiday; and (2) clean up language for clarity and consistency.
URAP011. The record on appeal. Final Rule 11 is amended to: (1) add a requirement that parties include the position of all other parties when filing a motion to supplement the record; and (2) change the reference to Rule 11(e)(1) to (c)(1).
URAP022. Computation and enlargement of time. Final Rule 22 is amended to: (1) clarify what will be deemed the entry date for an order that is entered on a weekend or legal holiday; (2) clarify “legal holiday” and provide a link to the Utah Court’s website that lists the holidays on which the Utah State Courts are closed; (3) add a requirement that parties include the position of all other parties when filing a motion; and (4) clean up language for clarity and consistency.
URAP052. Child welfare appeals. Final Rule 52 is amended to: (1) clarify what will be deemed the entry date for an order that is entered on a weekend or legal holiday; and (2) clean up format for consistency.
Posted: April 20, 2023
URAP004. Appeal as of right: when taken. S.B. 18, the Public Expression Protection Act, originally sought to impose a 21-day deadline to file a notice of appeal from the denial of an expedited motion to dismiss a lawsuit under the Act. But the Utah Supreme Court’s legislative liaison recognized that including a deadline to file a notice of appeal in a statute could raise constitutional questions about whether that deadline infringes the Court’s procedural rulemaking authority. There was not enough time left in the legislative session for the legislature to pursue a joint resolution to amend the rules of appellate procedure to add the new deadline. Thus, to avoid future litigation on the constitutional issue, court and legislative personnel worked jointly to amend rule 4 to include the new deadline to take effect simultaneously with the bill’s effective date of May 3, 2023. The Court has accordingly adopted the amendment to rule 4 on an expedited basis, with the public comment period to follow, pursuant to rule 11-105(5) of the Utah Rules of Judicial Administration.