May 2024 – Utah Court Rules – Published for Comment

Posted: May 28, 2024

Supreme Court Rules of Professional Practice – Comment Period Closes July 12, 2024

The purpose of these new rules is to align the governance structure of the Office of Legal Services Innovation and Legal Services Innovation Committee with the rule-based governance structures the Supreme Court uses to manage the Utah State Bar, Board of Mandatory Continuing Legal Education, and the Office of Professional Conduct. These new chapters do not amend or alter any existing practices or authorizations.

LSI11-0701.New. Legal Services Innovation Purpose

LSI11-0702.New. Legal Services Innovation Committee Composition

LSI11-0703.New. Disclosure, Recusal, Disqualification

LSI11-0704.New. Legal Services Innovation Office and Committee Powers

LSI11-0705.New. Entity Data

LSI11-0706.New. Non-traditional Legal Service Provides Assisting Clients in Court

Posted: May 21, 2024

Rules of Criminal Procedure – Comment Period Closes July 5, 2024

URCrP009A. Amend. The Utah Supreme Court’s Advisory Committee on the Rules of Criminal Procedure recently amended Rule 9A to include procedures related to defendants in custody on a bench warrant based on a failure to appear for a court proceeding. Once notified that a defendant has been arrested on a bench warrant, a court must set a bench hearing date following the defendant’s arrest. The amended Rule provides the timeframe in which the court must first schedule the bench hearing and the timeframe in which the court must hold the bench hearing. The Rule is approved for a 45-day public comment period.

Posted: May 21, 2024

Notice of Proposed Amendments to Utah Supreme Court’s Advisory Committee Rules – Comment Period Closes July 5, 2024

The Utah Supreme Court invites comments to the following proposed new rules. The comment period will close on July 5, 2024. The proposed rules identify factors judges should consider when setting in-person, remote, and hybrid hearings. The proposed rules also specify how hearing participants may request to appear in a manner opposite of the initial court setting. Finally, the proposed rules provide factors judges should consider in approving or denying a participant’s request.

URCP087. New. In-person, remote, and hybrid hearings; requests for accommodation.

URCrP017.05. New. In-person, remote, and hybrid hearings; requests for accommodation.

URJP061. New. In-person, remote, and hybrid hearings; requests for accommodation.

Posted: May 16, 2024

Rules of Juvenile Procedure – Comment Period Closed June 30, 2024

URJP019C.Amend. Regarding motions on the justification of the use of force, the proposed amendment to Rule 19C specifically adopts Rule 12(c)(3) of the Rules of Criminal Procedure. This amendment intends to clarify the relationship between statute, the Rules of Criminal Procedure, and the Rules of Juvenile Procedure as outlined in Rule 2 of the Rules of Juvenile Procedure.

Posted: May 15, 2024

Code of Judicial Administration – Comment Period Closes June 29, 2024

CJA04-0601. Selection of indigent aggravated murder and defense fund counsel (REPEAL)
Under Senate Bill 160, effective May 1, 2024, the Office of Indigent Defense Services will be responsible for administering the Indigent Aggravated Murder Defense Fund and assigning an indigent defense service provider to represent individuals prosecuted for aggravated murder. As such, rule 4-601 has been repealed.

CJA02-0212. Communication with the Office of Legislative Research and General Counsel (AMEND)
House Bill 344, effective May 1, 2024, combines the legislature’s “Judicial Rules Review Committee” and “Administrative Rules Review and General Oversight Committee” into one committee called the “Rules Review and General Oversight Committee.” The amendments bring the rule in line with new reporting requirements in the bill.

CJA04-0907. Divorce education and divorce orientation course (AMEND)
Under House Bill 337, effective May 1, 2024, the Judicial Council must provide a separate mandatory parenting course “for unmarried parties in a parentage action determining issues of child custody and parent-time.” Until the unmarried parties course is available, unmarried parties must attend the married parents course.

Posted: May 15, 2024

Code of Judicial Administration – Comment Period Closes June 29, 2024

CJA01-0204.Executive committees (AMEND)
Amends membership on the Technology Advisory Subcommittee (TAC). A representative from the Office of General Counsel would replace the Policy, Planning, and Technology Committee member and a member of the Judicial Data and Research department would be added to each of the technology core teams.

CJA01-0205. Standing and ad hoc committees (AMEND)
Eliminates the General Counsel member position on both the Pretrial and WINGS committees.

CJA04-0202.01. Definitions (AMEND)
Clarifies that calendars are not “records.”

CJA04-0202.08. Fees for records, information, and services (AMEND)
Grants clerks of court the authority to waive the one free copy limit for court records associated with a case.

CJA04-0206. Exhibits (AMEND)
Provides exhibit managers with much-needed clarity and guidance on how to manage exhibits in criminal, post-conviction, and appellate actions.