Author: Utah Courts

Rules Governing the Utah State Bar – Effective August 1, 2022

USB14-0701. Definitions. AMEND.

  • In acknowledging the remote work environment created by the pandemic, amendments remove the requirement that “active practice” activities be performed in the jurisdiction in which the applicant is admitted.
  • Amendments also remove teaching full-time at an approved law school as an “active practice” activity in favor of creating an exception for this type of work under Rule 14-705, which is the admission by motion rule.

USB14-0705. Admission by motion. AMEND.

  • Amendments remove geographic restrictions for purposes of counting years of practice toward admission by motion requirements.
  • Amendments allow time in Utah to count toward time practicing in another jurisdiction so long as the lawyer has complied with Rule 5.5 of the Utah Rules of Professional Conduct.
  • Amendments reduce the amount of time a lawyer must have practiced in another jurisdiction from 60 months to 36 months.
  • Amendments also exempt full-time Utah law professors from the requirement of being engaged in the active full-time practice of law for the relevant time period, so long as they have worked at least 80 hours per month as a law professor during that time.

USB14-0712. Qualifications for admission based on UBE. AMEND.

  • Paragraph (c)(2) currently provides that a UBE score may be transferred up to 5 years after exam administration if the attorney applicant can prove that they have practiced for at least 2 ½ years.
  • Repeal of paragraph (c)(2) would bring the rule in line with Rule 14-705 amendments by funneling such applicants through the admission by motion process rather than the UBE score transfer process.

USB14-0809. Practice Pending Admission. AMEND.

  • Amendments to paragraph (c)(3) conform to Rule 14-705 amendments regarding geographic restrictions and time spent practicing.
  • Amendments also expand practice eligibility:
    • from one year to eighteen months after certificate issuance, and
    • from one failed Bar exam attempt to two failed Bar exam attempts.

Supreme Court Order

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Rules Governing the Utah State Bar – Effective June 8, 2022

USB14-0807. Law school student and law school graduate legal assistance. AMEND.

  • Amendments extend law school graduate practice eligibility:
    • from one year to eighteen months after graduation, and
    • from one failed Bar exam attempt to two failed Bar exam attempts.
  • Amendments also fix a number of formatting issues, simplify language, and add headings for easier application.
  • New paragraph (g)(3)(G) provides that if a 14-807 practitioner substantially aids in the preparation of written materials in an appellate case, including briefs and memoranda, the supervising attorney may, at the attorney’s discretion, credit the 14-807 practitioner by including the practitioner’s name on the filing below the supervising attorney’s name.

 

Supreme Court Order

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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.

Judicial Council Order

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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.

Judicial Council Order

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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.

Supreme Court Order

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Rules of Juvenile Procedure – Effective May 18, 2022

URJP025. Pleas. Amend. Modifies paragraph (a) and adds statutory reference to Utah Code section 80-6-306. Adds reference to the rule itself. Deletes paragraph (d) to remove language contained in Utah Code section 80-6-306. Details the procedure for how delayed admissions under Utah Code section 80-6-306 will be resolved.

URJP060. Judicial bypass procedure to authorize minor to consent to abortion. Amend. Qualifies that the time frame in subsection (d) is three calendar days or two business days, whichever is longer.

Supreme Court Order

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Rules of Appellate Procedure – Effective November 1, 2022

URAP010. Procedures for summary disposition or simplified appeal process. Amend. The amendments to Rule 10, paragraph (d): address enlargements of time for filing memoranda under the simplified appeals process to make the language regarding the deadline for such motions consistent with that in Rules 22(a) and 22(b)(3).

URAP011. The record on appeal. Amend. The amendments to Rule 11: (1) address the Court’s concerns—that arose in Arreguin-Leon v. Hadco Constr., LLC, 2020 UT 59, 472 P.3d 927—about defining what constitutes the record on appeal and the procedures for correcting or supplementing the record on appeal; (2) clarify and adjust the deadlines for ordering transcripts, ensuring that indigent parties have the opportunity to review the case before being required to order transcripts; (3) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (4) make other changes to conform with the Appellate Clerks’ Office current practice.

URAP012. Transmitting the record. Amend. The amendments to Rule 12: (1) recognize the current practice of utilizing electronic records and the appellate court’s transcript management system; (2) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (3) make other changes to conform with the Appellate Clerks’ Office current practice.

Supreme Court Order

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Rules of Appellate Procedure – Effective May 1, 2022

URAP025. Amicus curiae briefs. Amend.  Amended rule to: (1) modify the language throughout to rule to mirror the federal rule; (2) incorporate the language from Rule 50 regarding amicus curiae briefs; (3) allow an amicus curiae brief to be filed without leave of court if all parties have consented to its filing; (4) provide a word count length requirement; (5) change the due date from 21 days to 14 days in 25(d); (6) add language in 25(g) addressing responsive briefs; (7) change the due date from 14 days to 7 days in 25(a); and (8) clean up other language for clarity and consistency.

URAP050. Response; reply. Amend. Amended rule to: (1) remove all mention of amicus curiae briefs and incorporate that language into Rule 25; (2) replace the phrase “subject index” with “table of contents” in 50(b); (3) change the due date from 14 days to 7 days in 50(d); (4) incorporate Standing Order 11; and (5) clean up other language for clarity and consistency.

Supreme Court Order

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