July 2016 – Utah Court Rules – Published for Comment

Posted: July 29, 2016

Rules of Small Claims Procedure – Comment Period Closed September 12, 2016

URSCP 001 General provisions. Amend. The Utah Rules of Small Claims Procedure will not apply to cases removed from small claims court to district court, except as outlined in Rule 12.

URSCP 002 Plaintiff beginning the case. Amend. Title changed to include “Plaintiff.”

URSCP 002A Defendant’s removal from district court. New. Prescribes the procedures outlined in Utah Code Section 78A-8-102, authorizing a defendant to remove a case from district court to small claims court with the plaintiff’s stipulation.

URSCP 003 Service of the affidavit and summons. Amend. Requires language in the summons sufficient to notify a defendant of his/her removal rights.

URSCP 004 Counter affidavit. Amend. Provides an exception to the time limit for filing a counter affidavit when a defendant is removing the case pursuant to Rule 2A.

URSCP 004A Defendant’s removal to district court. New. Provides defendants with the ability to remove a case filed in small claims court to district court for proceedings in accordance with the Utah Rules of Civil Procedure, including the option for a jury trial in the first instance.

URSCP 012 Appeals. Amend. Provides parties the option of electing a jury trial de novo in the district court for cases tried in small claims without a jury and allows district court judges the option of requiring parties to exchange information prior to a de novo trial (with or without a jury). Notifies parties of their appellate rights when a case is removed to district court pursuant to Rule 4A.

Posted: July 27, 2016

Code of Judicial Administration – Comment Period Closed September 10, 2016

CJA 11-0201 Senior judges. Amend. Removes the reference to attorney survey results under the requirement that senior judges obtain results on their most recent judicial performance evaluation sufficient to have certified them for retention.

CJA 11-0203 Senior justice court judges. Amend. Includes an allowance for judges who were laid off pursuant to Utah Code 78A-7-203 to qualify as a senior justice court judge and adds an initial qualifying requirement that senior justice court judges obtain results on their most recent judicial performance evaluation sufficient to have certified them for retention.

Posted: July 14, 2016

Fourth District Local Rule – Comment Period Closed August 28, 2016

Rule 10-1-407 Time to charge. New. Fourth District local rule that governs the time and conditions between arrest and first appearance in all felony and Class A misdemeanor offenses when the defendant is arrested without a warrant and remains in custody.

Posted: July 1, 2016

Rules of Criminal Procedure – Comment Period Closed August 15, 2016

Rule 004: Sets forth in detail the required contents of an information. The new provisions will require statements about pretrial release.

Rule 005: Repealed.

Rule 006: The proposed changes create a presumption in favor of summonses over warrants. The rule establishes the requirements for issuing a warrant. The rule also describes the required content of summonses and warrants.