October 2011 – Utah Court Rules – Published for Comment

Posted: October 26, 2011

Rules of Evidence

Utah Rules of Evidence Style Revision Project. Consistent with the restyling of the Federal Rules of Evidence, the language of these rules has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.
Comments are due November 16, 2011. The supreme court has approved an abbreviated comment period so that if the amendments ultimately are approved, they can be effective December 1, the same day as their federal counterparts.

Posted: October 26, 2011

Rules of Appellate Procedure

URAP 004. Appeal as of right: when taken. Amend. The amendment deletes the paragraph on notices of appeal filed by inmates, which provision is moved to Rule 21. The amendment also clarifies the time for filing a cross-appeal. The time begins from the date that the notice of appeal is docketed, rather than filed.
URAP 021. Filing and service. Amend. The amendment includes the provisions on filing notices of appeal by inmates. The amendments also clarify where filings are to be made and when filing is deemed accomplished.

Posted: October 26, 2011

Code of Judicial Administration

CJA 03-0101. Judicial performance standards. New. Establishes standards of performance for minimum education and cases under advisement for application by the Judicial Performance Evaluation Commission. Effective October 24, 2011 under Rule 2-205. Subject to change after the comment period.
CJA 04-0704. Authority of court clerks to extend payment schedule and dismiss citations. Amend. Allows clerks to dismiss citations as permitted in the Uniform Fine/Bail Schedule.
CJA 04-0907. Mandatory divorce education. Amend. Simplifies policy on access to divorce orientation courses and divorce education courses.

Posted: October 9, 2011

Rules of Civil Procedure

URCP 026.02 Disclosures in personal injury actions. New. Described special disclosures in personal injury actions.
URCP 083. Vexatious litigants. New. Establishes the standards and procedures for declaring a person to be a vexatious litigant. Establishes management of cases involving vexatious litigants.

Posted: October 9, 2011

Code of Judicial Administration

CJA 04-0202.02. Records classification. Amend. Modifies records to be classified as sealed, private or protected. Identifies record series by casetype to be classified as sealed or private.
CJA 04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. Amend. Moves from Rule 4-202.02 to this rule descriptions of records that require judicial approval to classify as non-public.
CJA 04-0202.09. Miscellaneous. Amend. Requires a person filing a record with the court to identify the record as non-public if it qualifies as non-public.
CJA Appendix I. Summary of Classification of Court Records. New. Summarizes the classification of record series by casetype.