Month: May 2015

Rules of Professional Conduct

RPC 08.04. Misconduct. Amend. The added comment puts attorneys on notice that an egregious violation or a pattern of repeated violations of the Standards of Professionalism and Civility can result in a violation of this rule.

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Rules Governing the Utah State Bar

USB 14-0803. Inactive lawyers providing legal services for legal services organizations; purposes. Amend. The proposed changes to Rule 14-803 expand the scope of the rule to allow inactive Utah attorneys to provide pro bono legal services under the auspices of an approved sponsoring entity without the requirement of a supervising attorney. The rule has also been expanded to allow attorneys admitted in other jurisdictions, who are not admitted in Utah but living in Utah, to provide pro bono legal services under the rule.

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Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Adds a criminal law professor to the Model Criminal Jury Instructions Committee.
CJA 03-0201. Court commissioners. Amend. Provides a public comment process for commissioner nominations and reappointments.
CJA 04-0502. Expedited procedures for resolving discovery issues. Repeal. Repeals rules 4-502 as expedited procedures for resolving discovery issues are now covered by rules 26, 30, 37, and 45 of the Utah Rules of Civil Procedure.
CJA 04-0603. Mandatory electronic filing. Amend. Provides that a person seeking a hardship exemption may do so by filing a written request in lieu of a form provided by the AOC.

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Rules of Civil Procedure

URCP 008. General rules of pleadings. Amend. Changes the phrase “contributory negligence” to “comparative fault,” in keeping with Utah Code sections 78B-5-817 through 78B-5-823.

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Rules of Criminal Procedure

URCrP 038. Appeals from justice court to district court. Amend. The proposed amendment creates a process for justice court defendants to file a motion reinstating the time for appeal, consistent with Manning v. State. The proposed amendment also eliminates the requirement for justice courts to send copies of documents to the district court when an appeal is filed.

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