December 2021 – Utah Court Rules – Published for Comment

Posted: December 20, 2021

Code of Judicial Administration – Comment Period Closed February 3, 2022

CJA01-0205. Standing and Ad Hoc Committees (AMEND). Creates a Standing Committee on Fairness and Accountability. Amends the membership of the Committee on Resources for Self-represented Parties, the Committee on Model Utah Criminal Jury Instructions, and the Committee on Court Forms.

CJA02-0103. Open and closed meetings (AMEND). Removes the requirement that the AOC send a separate notification to a newspaper of general circulation when the Judicial Council meeting agendas are posted on the Utah Public Notice Website. Clarifies that a Judicial Council meeting may be closed for discussions regarding legal advice of counsel.

CJA03-0420. Committee on Fairness and Accountability (NEW). Outlines the roles and responsibilities of the new Committee on Fairness and Accountability.

CJA04-0903. Uniform custody evaluations (AMEND). Limits the circumstances under which a custody evaluation can be ordered and outlines the training requirements of those who conduct custody evaluations.

Posted: December 7, 2021

Rules Governing Licensed Paralegal Practitioners – Comment Period Closed January 21, 2022

RGLPP15-0703. Qualifications for licensure as a licensed paralegal practitioner. Amend. The proposed amendment to this rule would add relevant subsections for ease of reading, including headings for the “Specialized Course of Instruction requirement,” and the “Substantive Law-Related Experience” requirement. A substantive amendment would also permit academic credit from an Approved Law School or Accredited Program or School to count toward an applicant’s substantive law-related experience hours requirement, which would be capped at 750 hours or half the 1,500 hours requirement.

RGLPP15-0701. Definitions. Amend. The amendments may be summarized as follows:

Add clarification to the scope of an LPP’s practice within family law to include common law marriage as well as name and gender change (there is a coordinating amendment in USB Rule 14-802(c));
Create a definition for “Specialized Course of Instruction” referenced in admissions Rule 15-703;
Omit unnecessary language in paragraph (ee) related to supervision by a licensed lawyer, paralegal, or law student; and
Create a new definition in paragraph (gg) for “Substantive Legal Course.”

USB14-0802. Authorization to practice law. Amend. The proposed amendment adds clarification to the scope of an LPP’s practice within family law to include common law marriage as well as name and gender change (there is a coordinating amendment in LPP Rule 15-701).

Posted: December 2, 2021

Rule of Appellate Procedure – Comment Period Closed January 16, 2022

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); (6) added language in 25(g) addressing responsive briefs; and (7) clean up other language for clarity and consistency.