January 2009 – Utah Court Rules – Published for Comment

Posted: January 7, 2009

Rules Governing the Utah State Bar

Petition. Petition to shorten voting period for commission elections from 30 to 15 days.
USB 14-0205. Board. Exhibit A.
USB 14-0206. Officers. Exhibit B.

Posted: January 5, 2009

Rules Governing the Utah State Bar

Petition. Petition to modify rules governing mandatory continuing legal education. To adjust the MCLE compliance periods to conform to the Utah State Bar’s licensing renewal periods.
USB 14-0404. Active status lawyers: MCLE, NLTP and admission on motion requirements. Amend. Approved effective January 1, 2009 as an expedited amendment under Rule 11-101(6)(F). Subject to change after the comment period.
USB 14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. Amend. Approved effective January 1, 2009 as an expedited amendment under Rule 11-101(6)(F). Subject to change after the comment period.
Supreme Court Order

Posted: January 5, 2009

Rules Governing the Utah State Bar

Petition. Petition to modify bar rules relating to the offices of president and president-elect. Standardize the requirements for a Commissioner to vacate his or her unexpired term when succeeding to the office of President. Provide for the event that the Commission is unable to nominate two candidates for the office of President-elect to run in a contested election.
USB 14-0103. Organization and management of the Bar. Amend. Exhibit 1.
USB 14-0205. Board. Amend. Exhibit 2.
Exhibit 3.
Exhibit 4.
Exhibit 5.
USB 14-0206. Officers. Amend. Exhibit 6.

Posted: January 5, 2009

Rules of Civil Procedure

URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner’s order. Amend. Move process for objecting to a commissioner’s recommendation from Rule 7 to Rule 101.
URCP 101. Motion practice before court commissioners. Amend. Move process for objecting to a commissioner’s recommendation from Rule 7 to Rule 101.

Posted: January 5, 2009

Rules of Appellate Procedure

URAP 19. Extraordinary writs. Amend. The amendment will require a petitioner seeking extraordinary relief to state whether interlocutory appeal was sought, and if so, the results of the petition.
URAP 25. Brief of an amicus curiae or guardian ad litem. Amend. The proposal establishes specific deadlines for filing a brief of an amicus curiae.
URAP 37. Suggestion of mootness; voluntary dismissal. Amend. The amendments clarify that a suggestion of mootness should be filed only when one or more, but less than all, of the issues have become moot. If all the issues are moot, a motion for voluntary dismissal must be filed. The amendments also establish a pr
URAP 38. Substitution of counsel. Amend. The amendments clarify the process for substituting a party when a party becomes incompetent or for other causes.
URAP 49. Petition for writ of certiorari. Amend. A petition of writ of certiorari shall include references to the record on appeal or to the opinion of the Court Appeals, rather than referring to both sources.
URAP 50. Brief in opposition; reply brief; brief of an amicus curiae. Amend. The proposal establishes a more detailed process for submitting a proposed amicus brief, including the contents of the brief and deadlines.