Month: November 2017

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Rules of Civil Procedure, Criminal Procedure, Code of Judicial Administration – Comment Period Closed January 11, 2018

Utah Rules of Civil Procedure

URCP063   Disability or disqualification of a judge.  Amend.  Eliminates the option of the Judicial Council’s presiding officer serving as the reviewing or assigning judge on a motion to disqualify.  Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.

 

Utah Rules of Criminal Procedure

URCrP029   Disability or disqualification of a judge or change of venue.  Amend.  Eliminates the option of the Judicial Council’s presiding officer serving as the assigning judge on a motion to disqualify.  Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.

 

Utah Code of Judicial Administration

CJA09-0109   Presiding judges.  New.  Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges and associate presiding judges for justice courts.

 

 

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Rules of Juvenile Procedure – Comment Period Closed December 31, 2017

URJP007 Warrants.  Contains revisions necessitated by new statute section 78A-6-106.5 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP015 Preliminary inquiry; informal adjustment without petition.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP016 Transfer of delinquency case for preliminary inquiry.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.  Clarifies applicability of certain rule provisions to a child (under the age of 18) and a minor (under the age of 21).

URJP023A Hearing on conditions of Section 78A-6-702.  Changes burden of proof to preponderance to bring rule into conformity with 2015 statute change.

URJP031 Initiation of truancy proceedings.  Repeals Rule 31 due to statutory changes removing juvenile court jurisdiction over habitual truants.

URJP033 Preliminary orders and summary proceedings.  Deletes provisions related to the ability to place non-resident runaways into the custody of the Division of child and Family Services.

 

 

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