Month: May 2023

Rules of Evidence – Comment Period Closed July 1, 2023

URE0101. Scope; Definitions. Amend. The Committee proposes to amend and add certain definitions in subparagraph (b) to clarify the applicability of the Utah Rules of Evidence to juvenile court proceedings, and to add subparagraph (c) to specify that in the event of conflict between these definitions and the Utah Rules of Juvenile Procedure, the latter rules govern.

URE0412. Admissibility of Victim’s Sexual Behavior of Predisposition. Amend. The Committee proposes to amend subparagraph (a) to omit the specific reference to “juvenile delinquency” proceedings. In view of the proposed amendments to URE 101 and 1101, the reference is unnecessary. The reference could also be confusing since other rules that likewise apply to juvenile delinquency proceedings do not include such specific references.

URE0615. Excluding Witnesses. Amend. The Committee proposes to amend subparagraphs (d) and (e) to omit the specific references to “juvenile delinquency” proceedings. In view of the proposed amendments to URE 101 and 1101, the references are unnecessary. The references could also be confusing since other rules that likewise apply to juvenile delinquency proceedings do not include such specific references.

URE01101. Applicability of Rules. Amend. The Committee proposes to amend subparagraph (a) to add a provision clarifying that the Utah Rules of Evidence apply to “all juvenile court proceedings unless stated otherwise in the Utah Rules of Juvenile Procedure.”

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Rules of Juvenile Procedure – Comment Period Closed July 1, 2023

URJP037A. Visual recording of statement or testimony of child in abuse, neglect and dependency proceedings – Conditions of admissibility. Amend. The proposed amendments to Rule 37A include adding substantiation proceedings to the title and to paragraphs (b) and (c). The changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.

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Rules Governing the Utah State Bar and Rules of Professional Practice – Comment Period Closed June 19, 2023

USB14-0711. Grading and Passing the Bar Examination. AMEND. This proposed rule amendment lowers the passing bar examination score from 270 to 260.

USB14-0712. Qualification for Admission Based on UBE. AMEND. This proposed rule amendment lowers the acceptable transferred Universal Bar Exam score from 270 to 260.

USB14-0207. Finances. AMEND. This rule amendment requires the Utah State Bar to annually submit to the Supreme Court recommendations on increasing, decreasing, or maintaining current licensing fees.

RPP11-0107. Open and Public Meetings. AMEND. This rule amendment adds the newly established Advisory Committee on the Rule of Business and Chancery Procedure to this rule as a committee that must only hold open meetings.

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Rules of Appellate Procedure – Comment Period Closed June 17, 2023

URAP008. Stay or injunction pending appeal. Rule 8 is being amended to remove references to specific subparagraphs within Rule 62 of the Utah Rules of Civil Procedure. Rule 62 was significantly amended effective November 1, 2021. Those amendments deleted the prior subparagraph (d). Thus, the current reference in Rule 8(b)(1) of the Utah Rules of Appellate Procedure to “Rule 62(d) of the Utah Rules of Civil Procedure” no longer makes sense. To avoid future problems, the Committee also suggests modifying Appellate Rule 8’s subparagraph (c) because it also contains a reference to a specific subparagraph of Civil Rule 62.

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