April 2014 – Utah Court Rules – Published for Comment

Posted: April 29, 2014

Code of Judicial Administration

CJA 03-0306. Language access in the courts. Amend. Removes the Registered II designation, so that there is only one Registered level for court interpreters, rather than two. Makes minor technical changes.
CJA 04-0401.01. Electronic media coverage of court proceedings. Amend. Changes the definition of news reporter, removes the presumption of electronic media coverage in cases classified as private, and adds a factor for judges to consider when determining whether the presumption has been overcome. Effective April 28, 2014 under CJA 2-205. Subject to change after the comment period.
CJA 04-0902. Limited scope investigation of domestic issues. New. Provides a process for the court to appoint a custody evaluator to investigate select issues in a domestic case than completing a full custody evaluation.

Posted: April 11, 2014

Rules of Appellate Procedure

URAP 001. Scope of rules. Amend. Makes technical changes and clarifies which appellate rules apply in child welfare proceedings.
URAP 025. Brief of amicus curiae or guardian ad litem. Amend. Makes technical changes and clarifies that the deadline for filing a motion for leave to file a brief of amicus curiae or guardian ad litem does not apply when a motion for leave is filed under URAP 50(f).
URAP 027. Form of briefs. Rename and amend. Amends the rule so that paragraphs (a) through (e) also apply to petitions for writ of certiorari and petitions for rehearing.

Posted: April 11, 2014

Rules Governing the Utah State Bar

USB 14-0808. New lawyer training program. Amend. Moves the responsibility for approving mentors from the Supreme Court to the Bar. Effective March 27, 2014 under CJA Rule 11-105(5). Subject to change after the comment period.

Posted: April 11, 2014

Rules of Civil Procedure

URCP 005. Service and filing of pleadings and other papers. Amend. Eliminates service by fax. Eliminates the requirement that a party must agree to service by email. Describes how to file an affidavit or declaration, given the requirements of e-filing. Makes numerous amendments intended to simplify the text.
URCP 030. Depositions upon oral questions. Amend. Deletes an incorrect reference to appellate transcripts of court hearings as the method for preparing a transcript of a deposition.
URCP 037. Discovery and disclosure motions; Sanctions. Amend. Replaces traditional discovery motions with the process of expedited statements of discovery issues currently found in Code of Judicial Administration Rule 4-502. If approved, the procedural provisions of Rule 4-502 will be deleted. Allows costs and attorney’s fees to be included as part of a statement of discovery issues, but requires a motion for sanctions.