Month: May 2025

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Rules of Evidence – Comment Period Closed June 22, 2025

URE0404. Character evidence; crimes or other acts. Amend. The proposed amendments to the text of the rule are technical rather than substantive in nature. Additionally, a proposed new advisory committee note clarifies that consideration of the Shickles factors is no longer mandatory, but that they may be relevant and properly considered depending on the facts and circumstances of the case.

URE0408. Compromise offers and negotiations. Amend. Proposed amendments to the text of this rule are likewise technical rather than substantive. A proposed new advisory committee note observes that the rule differs from its federal counterpart.

URE0510. Miscellaneous matters. Amend. Proposed amendments to the text of the rule are technical only. It is also proposed that a reference be added to recent legislation substantively amending this rule.

 

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Rules Governing the Utah State Bar – Comment Period Closed June 21, 2025

USB14-1001. IOLTA. Amend. There are multiple amendments to this rule. The amendments clarify the responsibilities related to unclaimed and unidentifiable funds in client trust accounts. The amendments define the obligations of lawyers and law firms when handling unclaimed funds, as well as the duties of the representative of a deceased or incapacitated lawyer’s estate in managing such funds. They also clarify the Utah Bar Foundation’s responsibilities in relation to unclaimed funds. In addition, the amendments address the obligations of lawyers, law firms, estate representatives, and the Utah Bar Foundation concerning unidentifiable funds in client trust accounts. The amendments also encourage the cooperation of IOLTA banking institutions and the Utah Unclaimed Property Division in addressing these issues. Finally, the amendments outline the procedures that the Utah Bar Foundation and the Office of Professional Conduct should follow when dealing with unclaimed and unidentifiable client trust account funds.

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Rules Governing Licensed Paralegal Practitioners – Comment Period Closed June 16, 2025

RGLPP15-703. Qualifications for Licensure as a Licensed Paralegal Practitioner. Amend. The proposed amendments to Rule 15-703: (1) changes the educational requirement option for Licensed Paralegal Practitioner licensure from an associate’s degree in paralegal studies to an associate’s degree in any subject plus a paralegal certificate, (2) changes the educational requirement option for Licensed Paralegal Practitioner licensure of a bachelor’s degree in paralegal studies to a bachelor’s degree in any subject, and (3) includes general cleanup to add formatting and technical consistency.

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Code of Judicial Administration – Comment Period Closed June 15, 2025

CJA04-202.03. Records access (AMEND)
House Bill 129 amends adopted individuals’ right to access adoption records. Given the scope of the bill, the proposed amendments to rule 4-202.03 refer individuals to the statute to determine access to adoption records maintained by the court.

CJA Appendix A.  Justice Court Nominating Commissions Procedure Manual (AMEND)
The proposed amendments to Appendix A of the Code of Judicial Administration update justice court nominating commission procedures. Among other things, the amendments require applicants to use an online portal to be considered for a judgeship in justice courts and remove the credit check requirement.

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