Category: Uncategorized

Posted: May 1, 2025

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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Posted: April 7, 2025

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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Posted: March 24, 2025

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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Posted: March 11, 2025

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Posted: February 6, 2025

Approved Amendments to Utah Rules of Evidence – Effective May 1, 2025

URE0106. Remainder of or Related Writings or Recorded Statements. Amend. The amendments track recent changes to Federal Rule of Evidence 106, omitting language indicating that the statements covered by the rule are only those in “writing or recorded,” and adding a sentence affirming, “The adverse party may do so over a hearsay objection.”

URE1102. Reliable Hearsay in Criminal Preliminary Examinations. Amend. The amendment adds a reference to the legislative joint resolution that amended this rule last year.

Supreme Court Order

Supreme Court Order

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Posted: October 10, 2024

Rules of Civil Procedure – Effective November 1, 2024

URCP001. General Provisions. FINAL. The amendments to this rule are to conform to the rules style guide. It was reviewed along with Rule 81 after the drafting of the new Rules of Business and Chancery Court Procedure.

URCP005. Service and filing of pleadings and other documents. FINAL. The amendments to this rule take into account the new filings systems and ways in which service and filing can be accomplished. The major amendments include removing the list from paragraph (a), updating the methods of service found in paragraph (b), and a revised paragraph (d) for certificates of service. Amendments were also made to conform to the rules style guide, format for other rules, and to use plain language.

URCP007A. Motion to enforce order and for sanctions. FINAL. The amendments to rules 7A(h) were made to clarify the enforcement mechanisms found in rule 37(b) as opposed to using the motion to enforce order and for sanctions process found in rule 7A.  This amendment also includes a proposal to delete subparagraph (b)(6) from Rule 37.  The proposed amendments to Rule 37 will be forthcoming as the proposals include additional language changes for subpoenas that are being made in conjunction with several other URCP rules.

URCP060. Relief from judgment or order. FINAL. The amendments to this rule are to clarify the language found in subparagraph (d) and update the numbering found in subparagraph (b) to conform to the rules style guide.

URCP081. Applicability of rules in general. FINAL. The amendments to this rule were proposed after the drafting and finalization of the new Rules of Business and Chancery Court Procedure, and to conform to the rules style guide.

Supreme Court Order

 

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Posted: September 5, 2024

Utah Rules of Business and Chancery Court Procedure – Effective September 1, 2024

NEW Utah Rules of Business and Chancery Procedure – These rules were drafted using the Utah Rules of Civil Procedure as their base line.  These rules simply incorporate them by reference rather than repeat the identical language.  The Rules of Civil Procedure that do not apply in Business and Chancery Court are explicitly excluded by reference in Appendix A.  These rules are effective Sept. 1, 2024.

URBCP001. NEW — General provisions.

URBCP008. NEW — General rules of pleadings.

URBCP010. NEW — Form of pleadings and other papers.

URBCP013. NEW — Counterclaim and crossclaim.

URBCP014. – NEW— Third-party practice.

URBCP016. – NEW— Pretrial conferences.

URBCP018. – NEW— Joinder of claims and remedies.

URBCP019. NEW— Joinder of persons needed for just adjudication.

URBCP020. NEW— Permissive joinder of parties.

URBCP022. NEW — Interpleader.

URBCP024. NEW— Intervention.

URBCP026. NEW — General provisions governing disclosure and discovery.

URBCP038. NEW— Jury trial of right.

URBCP042. NEW — Consolidation and separate trials.

URBCP063. NEW — Disability or disqualification of a judge.

URBCP065A. NEW— Injunctions.

URBCP065B. NEW — Extraordinary relief.

URBCP077. NEW — Business and chancery court; clerks.

URBCP085. NEW— Title.

URBCP086. NEW  — Licensed paralegal practitioners.

Appendix A. NEW – Rules of Civil Procedure excluded from Rules of Business and Chancery Court Procedure.

Supreme Court Order

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Posted: September 5, 2024

Approved Amendments to Utah Code of Judicial Administration

CJA3-102. Assumption of judicial office. (AMEND) Clarifies that the Judicial Council may extend the qualification time period for an appointee confirmed by the Senate when the judge the appointee is replacing has not ended their term.

CJA4-206. Exhibits. (AMEND) The proposed amendments reflect recent statutory changes concerning the receipt, retention, and exposal of court exhibits.

CJA4-101. Manner of Appearance. (NEW) The Supreme Court recently adopted rules of civil, criminal, and juvenile procedure identifying factors judges should consider when setting in-person, remote, and hybrid hearings. This rule is a companion rule addressing notice and compliance.

Judicial Council Order

Judicial Council Order

Judicial Council Order

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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.

Supreme Court Order

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Posted: August 16, 2024

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