January 2017 – Utah Court Rules – Published for Comment

Posted: January 27, 2017

Code of Judicial Administration – Comment Period Closed March 12, 2017

CJA 09-301 Record of arraignment and conviction. Repeal. The Court of Appeals has determined that failure to follow this rule does not affect the validity of a plea or conviction with respect to enhancements. State v. Gonzales, 2005 UT App 538, 127 P.3d 1252. The rule is also redundant to other rules and statutes. See, e.g., URCrP Rule 11, CJA Rule 4-609, UTAH CODE § 53-10-208.1.

Posted: January 26, 2017

Rules Governing the State Bar – Comment Period Closed March 10, 2017

USB 14-0110 Proposed changes to 14-110 allow inactive Bar members to serve of all Bar committees.

USB 14-0405 The changes to 14-405 clarify the rule that prohibits lawyers from switching from active to inactive and then back to active again within the same year in order to avoid MCLE compliance.

USB 14-0508 Proposed changes to Rule 14-508 requires lawyers who are administratively suspended for three years or more for failure to pay license fees to reapply for re-enrollment.

USB 14-0517 Proposed changes to 14-517(f) provide that a Bar a complaint against any lawyer employed by the Bar will be reviewed by the Ethics and Discipline Committee Chair or a special prosecutor rather than by the Office of Professional Conduct.

Posted: January 3, 2017

Code of Judicial Administration – Comment Period Closed February 17, 2017

CJA01-205. Standing and ad hoc committees. Amend. Creates a new Judicial Council Standing Committee on Forms; provides committee composition. Expedited under Rule 2-205.

CJA02-212. Communication with the Office of Legislative Research and General Counsel. Amend. Limits and changes the timing of the notice requirement to the Office of Legislative Research and General Counsel of the Court’s draft rules.

CJA03-117. Committee on Court Forms. New. Establishes the charge for the new Judicial Council Standing Committee on Forms. Expedited under Rule 2-205.

CJA04-103. Civil calendar management. Amend. Pursuant to Cannon v. Holmes, 2016 UT 42 and Civil Rule 41, requires that all orders of dismissal entered under the rule must contain the language “without prejudice.”

CJA04-202.02. Records Classification. Amend. Makes dismissals in criminal cases private except in limited circumstances.

Posted: January 3, 2017

Rules of Civil Procedure – Comment Period Closed February 17, 2017

URCP005 Service and filing of pleadings and other papers. Amend. Adopts the prisoner mailbox rule, which provides that pleadings and papers filed by an inmate confined in an institution are timely if they are deposited in the institution’s internal mail system on or before the last day for filing.

URCP045 Subpoena. Amend. In conformity with Rule 84’s repeal, makes a technical amendment to paragraph (A)(1)(E).

URCP084 Forms. Repeal. Since the task of creating and updating court forms will now reside with the newly formed Judicial Council Standing Committee on Forms under UCJA Rules 1-205 and 3-117, the Supreme Court’s Advisory Committee on the Rules of Civil Procedure will no longer create forms.