November 2016 – Utah Court Rules – Published for Comment

Posted: November 17, 2016

Rules of Criminal Procedure – Comment Period Closed January 1, 2017

URCrP004 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for filing informations.

URCrP004a New. The proposed new rule will address the process for prosecutions commenced by indictment.

URCrP004b New. The proposed new rule will address the process for prosecutions commenced by citation.

URCrP004, 4a, 4b Committee Note The note explains the changes that are made in response to comments received.

URCrP006 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for issuing warrants and summones.

URCrP029 Amend. The proposed amendment will eliminate the presiding officer of the Judicial Council as a person to whom disqualification affidavits may be referred.

Posted: November 16, 2016

Rules of Civil Procedure – Comment Period Closed December 31, 2016

URCP035 Physical and mental examination of persons. Amend. The 2016 amendments to Rule 35 clarify when there is overlap between a Rule 26(a)(4) expert report and when there is not. It also provides for the shorter of a 60-day time frame or 7 days prior to the close of fact discovery in which the party requesting the Rule 35 examination must disclose the report to the person being examined. This is the second request for comment.

Posted: November 10, 2016

Rules of Appellate Procedure – Comment Period Closed December 25, 2016

URAP024 – The proposed amendment substantially changes the organization and content of briefs. An important objective of the amendment is to present the party’s case in logical order, in measured increments, and without unnecessary repetition. The principal brief of each party must meet the same requirements.

URAP024A – The proposed amendment collects in one separate rule the briefing requirements in cross-appeals. The briefing requirements have also been clarified and simplified for ease of use.