Utah Court Rules – Published for Comment
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Posted: April 26, 2010
USBRPC 08.02. Judicial Officers. Amend. Prohibits knowingly making a false statement about the judicial system. Encourages lawyers to defend the judicial system.
The Advisory Committee on the Rules of Professional Conduct has withdrawn the proposed amendments to Rule 8.2 without submitting them to the Supreme Court.
Posted: April 26, 2010
URCADR 0101. Conduct of mediation proceedings. Amend. Clarifies the meaning of “good faith” to assure that the ADR rules regarding the confidentiality of mediation-related activities and communications are consistent with the 1995 Utah ADR Act and the more explicit confidentiality requirements of the 2006 Utah Uniform Mediation Act. Eliminates the potential that a court might conclude that the present language of Rule 101 permits judicial examination into what occurred during the course of a mediation upon the complaint that a party failed to participate in the mediation in “good faith”. The intent is to assure that the mediation container is maintained except in the narrow circumstances described in the 2006 Utah Uniform Mediation Act.
URCADR 0103. Confidentiality in nonbinding ADR proceedings. Amend. Clarifies the meaning of “good faith” to assure that the ADR rules regarding the confidentiality of mediation-related activities and communications are consistent with the 1995 Utah ADR Act and the more explicit confidentiality requirements of the 2006 Utah Uniform Mediation Act. Eliminates the potential that a court might conclude that the present language of Rule 101 permits judicial examination into what occurred during the course of a mediation upon the complaint that a party failed to participate in the mediation in “good faith”. The intent is to assure that the mediation container is maintained except in the narrow circumstances described in the 2006 Utah Uniform Mediation Act.
Posted: April 26, 2010
URJP 018. Summons; service of process; notice. Amend. Describes how children and adults are to be named in juvenile court records.
Posted: April 26, 2010
URAP 05. Discretionary appeals from interlocutory orders. Amend. The amendment states that petitions in criminal and juvenile delinquency cases shall be served on the Office of the Utah Attorney General.
URAP 23B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Amend. The amendment calculates the response time from the date of service and not the date of filing.
URAP 29. Oral argument. Amend. The amendments clarify the standards for continuing oral argument at the request of a party.
URAP 035. Petition for rehearing. Amend. Requires that a petition for rehearing include a copy of the decision. Effective June 1, 2010 under Rule 11-505. Subject to change after the comment period.
Supreme Court Order
Posted: April 26, 2010
CJA 03-0101. Judicial nominating commissions. Repeal. Under HB 289, the Judicial Council no longer has authority for rules regulating Judicial Nominating Commissions.
CJA 04-0202.03. Records access. Amend. Resolve a conflict with URCP 107(a).
CJA 04-0801. Transfer of small claims cases. Amend. Require filing small claims cases in justice courts. Proposed effective date: September 1, 2010.