June 2023 – Utah Court Rules – Published for Comment

Posted: June 29, 2023

Rules Governing the Utah State Bar – Comment Period Closed August 13, 2023

USB14-0403. Establishment and membership of Board. Amend. This amendment reduces the size of the MCLE Board from 15 to 10 voting members. This amendment also adjusts the term lengths of new appointments to the Board.

Posted: June 29, 2023

Rules of Professional Practice – Comment Period Closed August 13, 2023

RPP11-0101. Creation and Composition of Supreme Court Committees. (Amend). This amendment allows the Supreme Court to appointment new members to committees for terms of less than three years where appropriate for the needs of the committee.

Posted: June 28, 2023

Rules of Appellate Procedure – Comment Period Closed August 12, 2023

URAP005. Discretionary appeals from interlocutory orders. The Committee proposes amending Rule 5 to: (1) Make the process for preparing the record consistent with those in other types of appeals; and (2) remove the language requiring the ordering of transcripts be expedited (if parties require an expedited appeal they may file a 23C motion for emergency relief).

URAP050. Response; reply. The Committee proposes amending Rule 50 to: (1) add language which will allow a party to respond to a petition for writ of certiorari only when the Court requests one, as is the current practice for responses to petitions for interlocutory appeal (Rule 5(f)) and for rehearing (Rule 35(a)(4)); (2) remove language about the timing for a response when the filing fee is paid after the petition is served because responses will no longer be permitted unless requested by the Court (additionally, Rule 48(a) addresses the filing fee requirement); and (3) clean up language for clarity and consistency.

Posted: June 26, 2023

Code of Judicial Administration – Comment Period Closed August 10, 2023

CJA04-0202.11. Vexatious record requester (NEW). New proposed rule establishing a process whereby an administrative unit in the judicial branch can petition for relief from a person the administrative unit believes to be a vexatious records requester. The rule is in response to S.B. 231 and 63G-2-702(5) passed during the 2023 legislative session.

Posted: June 14, 2023

Rules of Juvenile Procedure – Comment Period Closed July 29, 2023

URJP022. Initial appearance and preliminary examination in cases under Utah Code section 80-6-503. Amend. The proposed amendments to Rule 22 include: (1) adding reference to Utah Code section 80-6-504 to the title; (2) changing the term “preliminary examination” to “preliminary hearing;” (3) in paragraph (f), adding reference to subsection (3) of 80-6-504; (4) in paragraph (g), clarifying timelines for scheduling preliminary hearings based on whether a youth is in custody, removing reference to Utah Code section 80-6-503, and moving the language allowing extension to time periods to the end of the paragraph; (5) replacing the language in paragraph (h) and making reference to 80-6-504(11); (6) removing specific probable cause language in paragraph (j) and making reference to 80-6-504(2)(a) and 80-6-503(3) instead; and, (7) adding “may” to the second clause of paragraph (k) to mirror the language of Rule 7B of the Utah Rules of Criminal Procedure. Lastly, the changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.