February 2023 – Utah Court Rules – Published for Comment

Posted: February 28, 2023

Code of Judicial Administration – Comment Period Closed April 14, 2023

CJA06-0507. Court visitors (AMEND). The proposed amendments replace “protected person” and “ward” with “respondent” where applicable; clarify who may receive a court visitor report or notice; require court visitors to use a Council-approved Order on Review form; and provide the court with broad discretion in taking action on a court visitor report. Language access requirements are addressed elsewhere in the Code of Judicial Administration.

CJA03-0414. Court security (AMEND). The proposed amendments require officers in plain clothes to wear something that identifies them as law enforcement; require officers to use a duty-type holster with a user-operated restraining device if a firearm is visible; clarify who is allowed to carry firearms in courthouses; and otherwise clean up or streamline the rule.

Posted: February 23, 2023

Rules of Professional Conduct – Comment Period Closed April 9, 2023

RPC07.01. Communications Concerning a Lawyer’s Services. Amend. The proposed amendments to Rule 7.1 prohibit direct solicitation of a potential client for the purpose of obtaining professional employment. For conduct of nonlawyers acting on behalf of lawyers, see Rule 5.3.

Posted: February 17, 2023

Rules of Civil Procedure – Comment Period Closed April 3, 2023

URCP010. Form of pleadings and other papers. Amend. The Committee proposes to amend subparagraph (d) of this rule to modify the top margin from 1½ inches to 1 inch, like the right, left, and bottom margins. The reason for the wider margin at the top was to allow filing of paper copies in a folder with top hole punches. With electronic filing, this extra space at the top is no longer needed.

URCP100A. Case Management of Domestic Relations Actions. Amend. The Committee proposes to amend subparagraph (a) to exempt actions initiated by the Office of Recovery Services from this Rule. ORS reports that because its actions usually require service on more than one party, it often happens that one of them will be served and file an answer, prompting a case management conference to be set. The setting will often be premature because the other party has not yet been served or has not yet responded. In other cases a case management conference is unnecessary because the responding parties agree with ORS’s pleading.

Posted: February 7, 2023

Rules of Criminal Procedure – Comment Period Closed March 24, 2023

URCrP002. Time. Amend. The Rule is amended to adjust how time is computed following the adoption of Juneteenth as a state holiday.

Posted: February 6, 2023

Rules of Criminal Procedure – Comment Period Closed March 23, 2023

URCrP008. Appointment of counsel. Amend. The Supreme Court has requested an additional round of public comment to Rule 8. The current proposal changes the process of securing a waiver of the right to counsel and the appointment of counsel in capital cases.