April 2021 – Utah Court Rules – Published for Comment

Posted: April 27, 2021

Code of Judicial Administration – Comment Period Closed June 11, 2021

CJA 11-401. Standing Committee on Appellate Representation and the Appellate Roster. Amend.

The following is a brief summary of the rule amendments (line numbers refer to the redline version and note where the subject amendments begin). Amendments to Rule 11-401:

Address the creation of the Indigent Appellate Defense Division (line 12);
Simplify committee composition (line 33);
Clarify that at least one appellate brief submitted for application purposes must be in the relevant subject matter area (line 100);
Add a CLE requirement (line 139);
Add requirements for entity exempt status and clarify when an attorney falls under that exemption (lines 16 and 154); and
Increase term limits from three to five years (lines 128 and 138).

Posted: April 26, 2021

Code of Judicial Administration – Comment Period Closed June 10, 2021

CJA03-0415. Auditing (AMEND). The proposed amendments more clearly define the types of audits conducted by the Audit Department, clarify audit procedures, and identify the individuals involved at critical points.

CJA07-0302. Court reports prepared for delinquency cases (AMEND). Replaces a reference to outdated sentencing guidelines with a reference to the new Juvenile Disposition Guide. Removes subjective assessment requirements and aligns the rule with (78A-6-117(j)(ix-x)) regarding probation’s role in victim restitution.

Posted: April 12, 2021

Rules of Evidence – Comment Period Closed May 27, 2021

URE0512. Victim Communications (AMEND). Clarifies that URE 510 applies to this rule. Disclosures of the following confidential communications will now waive the privilege: 1) disclosures required under Title 62A, Chapter 4a, Child and Family Services or UCA § 62A-3-305, 2) evidence of a victim being in clear and immediate danger to the victim’s self or others, and 3) evidence that the victim has committed a crime, plans to commit a crime, or intends to conceal a crime.

URE1101. Applicability of Rules (AMEND). Amends the committee note following State v. Weeks, 61 P.3d 1000. Clarifies that the Utah Rules of Evidence are inapplicable to proceedings for revoking probation, unless the court for good cause otherwise orders.

Posted: April 8, 2021

Rules of Appellate Procedure – Comment Period Closed May 23, 2021

URAP015. Petitions for review in tax cases. Amend. The proposed amendments to Rule 15: (1) remove the statutory citations in 15(a) and 15(c); (2) rework the language in 15(c); and (3) clean up other language for clarity and consistency.

URAP025. Amicus curiae briefs. Amend. The proposed amendments to Rule 25: (1) modify the language throughout to rule to mirror the federal rule; (2) incorporate the language from Rule 50 regarding amicus curiae briefs; (3) allow an amicus curiae brief to be filed without leave of court if all parties have consented to its filing; (4) provide a word count length requirement; (5) change the due date from 21 days to 14 days in 25(d); and (6) clean up other language for clarity and consistency.

URAP050. Response; reply. Amend. The proposed amendments to Rule 50: (1) remove all mention of amicus curiae briefs and incorporate that language into Rule 25; (2) replace the phrase “subject index” with “table of contents” in 50(b); (3) change the due date from 14 days to 7 days in 50(d); (4) incorporate Standing Order 11; and (5) clean up other language for clarity and consistency.