September 2022 – Utah Court Rules – Published for Comment

Posted: September 23, 2022

Rules Governing the Utah State Bar – Comment Period Closed November 7, 2022

USB14-0802. Authorization to practice law. Amend. The purpose of the proposed amendments to Rule 14-802 is to give Licensed Paralegal Practitioners (LPPs) the ability to modify the court forms that are relevant to their areas of practice. This would give LPPs some much needed flexibility to complete services for their clients while still working within the scopes of practice established by the Supreme Court. Rule 14-802 was initially drafted with the intention of both defining the scope of practice for LPPs and ensuring the availability, accuracy, and effect of that scope of practice through forms that have been vetted and approved by the Judicial Council’s Standing Committee on Court Forms. While the intent of this rule was to guide LPPs, attorneys, and the public through a new and uncharted program that authorized the limited practice of law by non-attorneys, it resulted in unanticipated results. LPPs’ effectiveness has been artificially limited, with negative results for their clients in the form of reduced cost savings and the inability to tailor pleadings to clients’ individual circumstances.

Posted: September 23, 2022

Rules of Civil Procedure – Comment Period Closed November 7, 2022

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The first proposed change to subparagraph (l)(1) adds motions for Rule 16 pretrial conferences to the list of motions the court may act upon without waiting for a response. The second proposed change removes portions of the rule and adds subparagraph (q) to the end of the rule to outline page limits and word limits for filings. This brings the rule in line with the Utah Local Federal rules, the Utah Rules of Appellate Procedure, and the Federal Courts of Appeal which use page and word limits. Parties may use the page or word limits.

URCP007A. Motions to enforce order and for sanctions. AMEND. The proposed change to subparagraph (h) would clarify any confusion that may arise in reading rule 109 where an injunction is entered by the court in domestic actions and whether a party may file a motion to enforce an injunction entered by the court. The same change was made to Rule 7B.

URCP007B. Motion to enforce order and for sanctions in domestic law matters. AMEND. The proposed change to subparagraph (h) would clarify any confusion that may arise in reading rule 109 where an injunction is entered by the court in domestic actions and whether a party may file a motion to enforce an injunction entered by the court. The same change was made to Rule 7A.

Posted: September 19, 2022

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

CJA03-0412. Procurement of goods and service. (Amend). The small purchase limits have been increased to $5,000 per item and up to $10,000 for an entire purchase.

Posted: September 19, 2022

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

CJA04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. (Amend). Clarifies that requesters denied access to non-public court records associated with a case that they are not authorized to access under rule 4-202.03 must file a motion or petition to access the record.

CJA04-0202.08. Fees for records, information, and services. (Amend). Consistent with H.B. 96 and 63G-2-203(5)(c), the proposed amendments in lines 55-62 would allow the court to charge requesters for the first 15 minutes of personnel time if the person has submitted a separate request within the 10-day period immediately prior to the date of the new request, provided the person is not a Utah media representative.

In line 112, “impecunious” is changed to “indigent” to make it more consistent with Utah Code and other court rules.

In lines 116-118, indigent requesters are allowed one free copy of each record, after which they would be required to pay the standard rates. Exceptions can be made by the State Court Administrator.

CJA01-0204. Executive committees. (Amend). The proposed amendments create court-level core teams and subcommittees of Policy, Planning, and Technology to assist the Committee in accomplishing its new technology responsibilities.

CJA01-0201. Judicial Council Membership – Election. (Amend).

CJA01-0302. Board of Judges Membership – Officers – Secretariat. (Amend).

The proposed amendments clarify that Council members may serve as non-voting members of a trial court board and continue to allow an exception for the appellate courts.

Rule 1-201 has also been amended to reflect the Judicial Council’s membership exception for the Standing Committee on Judicial Fairness and Accountability set forth in rule 1-205(1)(C).