Month: March 2025

Continue Reading

Rules of Criminal Procedure – Comment Period Closed May 1, 2025

URCrP007. Initial proceedings for class A misdemeanors and felonies. Amend.

URCrP007A. Procedures for arraignment on class B or C misdemeanors, or infractions. Amend.

Rules 7 & 7A are amended to require the collection of certain demographic information for a person subject to a pretrial protective order at the time of case initiation or when a party makes a request for a pretrial protective order. The demographic information collected is necessary to establish the pretrial protective order on both state and federal databases and maintain the record for enforcement purposes.

Continue Reading
Continue Reading

Code of Judicial Administration – Comment Period Closed April 28, 2025

CJA04-403. Electronic signature and signature stamp use (AMEND)
The proposed amendments grant district, juvenile, and justice courts the discretion to authorize clerks to use a judge’s or commissioner’s electronic signature or signature stamp on additional document types without judicial review by issuing a standing order signed by a presiding judge.

CJA04-111. Priority of post-conviction petitions in capital cases (AMEND)
The proposed amendments remove the requirement that the Administrative Office of the Courts prepare a monthly report on pending post-conviction petitions in capital cases because those reports are no longer needed.

Continue Reading

Rules of Professional Conduct – Comment Period Closed April 25, 2025

Rule 3.3. Candor toward the tribunal. AMEND. The amendments align the rule and intent with the model rule as was originally done.  Utah restructured this rule by renumbering paragraphs from the model rule.  In doing so, the model language (now in subsection (d)) included that “the duties stated in paragraphs (a) and (b)” required disclosure but omitted the new paragraph (c).  The language of Utah paragraph (c) is found in model rule paragraph (b).  The comments were also amended to reflect correct citations.  The Court has also removed the language “or is reckless with respect to its truth” from Comment 1.  The Court approves this rule as final with an effective date of May 1, 2025, while simultaneously publishing it for public comment pursuant to CJA Rule 11-105.

Continue Reading

Utah Rules of Civil Procedure – Comment Period Closed April 25, 2025

URCP026.4. Provisions governing disclosure and discovery in contested proceedings under titles 75, 75A, or 75B of the Utah Code. AMEND. This rule was previously amended to reflect the recodification of the probate code to reference additional Utah Code titles, as well as, to conform to the style guide for the rules. These additional amendments clarify the information that needs to be provided regarding any less restrictive alternatives to guardianship or conservatorship.

URCP101. Motion practice before court commissioners. AMEND. Proposed amendments to clarify scope, content, oral motions, service on unrepresented parties, exhibits and admissible evidence, page limits, hearings and orders.

Continue Reading

Utah Rules of Appellate Procedure – Comment Period Closed April 20, 2025

URAP035. Petition for rehearing. The Committee proposes amending Rule 35 to update the reference to Rule 27 which was amended May 1, 2024.

URAP044. Transfer of improperly pursued appeals. The Committee proposes amending Rule 44 to: 1) clarify what happens when an appeal is improperly filed with the appellate court and what the filing date of the appeal will be; and 2) clarify that a transfer of an appeal under this rule is not an adjudication that jurisdiction is proper.

 

Continue Reading