Posted: May 31, 2022
Code of Judicial Administration – Comment Period Closed July 15, 2022
The following rules are approved for a 45-day public comment period.
CJA04-020.03. Records access. (AMEND). Allows a petitioner in an expunged case to obtain a certified copy of the expungement order and case history upon request and in-person presentation of positive identification. This mirrors the process for adoptive parents in obtaining a certified copy of the adoption decree.
CJA06-0501. Reporting requirements for guardians and conservators. (AMEND). Incorporates changes related to H.B. 320 (Guardianship Bill of Rights), streamlines and clarifies exceptions to reporting requirements, outlines procedures and timelines for approval of and objection to reports, and requires the use of a Judicial Council-approved cover sheet and report forms that are substantially the same as Judicial Council-approved forms.
The following rules will go into effect May 23, 2022. Pursuant to CJA Rule 2-205, Expedited rulemaking procedure, the rules are subject to a 45-day comment period.
CJA04-0508. Guidelines for ruling on a motion to waive fees. (AMEND). The proposed amendments are in response to S.B. 87, effective May 4, 2022. Among other things, SB 87 amends provisions regarding affidavits of indigency and requires a court to find an individual indigent under certain circumstances.
CJA01-0204. Executive committees. (AMEND).
CJA01-0205. Standing and Ad Hoc Committees. (AMEND).
Creates a Standing Committee on Working Interdisciplinary Network of Guardianship Stakeholders (WINGS). Renames the Policy and Planning Committee to the “Policy, Planning, and Technology Committee.” In addition to its current responsibilities, the committee will now review and recommend technology policies and priorities. The Standing Technology Committee is dissolved.
The following rule will go into effect July 1, 2022. Pursuant to CJA Rule 2-205, Expedited rulemaking procedure, the rule is subject to a 45-day comment period.
CJA09-0109. Presiding Judges. (AMEND). Simplifies the leadership structure of justice courts and addresses the compensation disparity related to presiding and associate presiding judges by eliminating the position of Education Director. The Associate Presiding Judge will assume education duties.
Posted: May 18, 2022
Rules of Juvenile Procedure – Comment Period Closed July 2, 2022
URJP025A. Withdrawal of plea. Amend. Removes subsections (a) and (b)(1) because they are substantive rules that are provided for in Utah Code section 80-6-306. Amends subsection (b)(2) to mirror Utah Code section 80-6-306, and removes the heading number (b)(2).
Posted: May 5, 2022
Rules of Appellate Procedure – Comment Period Closed June 19, 2022
The Committee proposes amending the listed rules to (1) add “or declaration” any time affidavit is mentioned; (2) add an Advisory Committee Note explaining that the term “declaration” refers to the unsworn declaration described in Title 78b, Chapter 18a, Uniform Unsworn Declarations Act; (3) move the reference to the statute in Rule 37 to an Advisory Committee Note so the rules will be consistent; and (4) remove language in Rules 8 and 17 regarding other sworn statements.
URAP008. Stay or injunction pending appeal.
URAP017. Stay pending review.
URAP023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim.
URAP029. Oral argument.
URAP037. Suggestion of mootness; voluntary dismissal.
Posted: April 7, 2022
Rules of Civil Procedure – Comment Period Closed May 22, 2022
URCP026.01. Disclosure and discovery in domestic relations actions. AMEND. There was a potential for ambiguity between the deadlines stated in URCP 26 and 26.1 for service of initial disclosures in domestic relations actions. The change to the first line in part (b) provides clarification.
URCP076. Notice of contact information change. AMEND. Further change to the last amendment adding “or other court order” to the last line after protective order and stalking injunction.
Posted: March 28, 2022
Rules of Professional Practice – Comment Period Closed May 12, 2022
RPP11-0581. Sanctions. Amend. Clarifies that if a lawyer is placed on probation the status of probation is public, but the terms of their probation may be private.
RPP11-0582. Factors to be considered in imposing sanctions. Amend. This amendment requires the factfinder to consider the presumptive sanctions set forth in the rules, along with any mitigating and aggravating factors. This amendment also adds a section to provide guidance when multiple instances of misconduct are found.
Posted: March 23, 2022
Rules of Appellate Procedure – Comment Period Closed May 7, 2022
URAP014. Review of administrative orders: how obtained; intervention. Amend
The Advisory Committee on the Rules of Appellate Procedure recommends amending Rule 14, which addresses review of administrative orders, to allow parties to file a cross-petition when a petition for review is filed by another party. The proposal responds to the Utah Court of Appeals’ observation that allowing cross-petitions in administrative appeals would further judicial efficiency. See Watson v. Lab. Comm’n, 2020 UT App 170, ¶1 n.1, 480 P.3d 353.
Posted: March 23, 2022
Rules of Juvenile Procedure – Comment Period Closed – May 7, 2022
URJP017. The petition. Amends. Adds requirement for delinquency petitions regarding non-felony-level offenses to include the specific condition or conditions that allows the prosecuting attorney to file pursuant to Utah Code section 80-6-304(11).
Posted: March 16, 2022
Rules of Civil Procedure – Comment Period Closed April 30, 2022
URCP004. Process. AMEND. Based upon the regular practice with default judgments the Committee is proposing a change of the word “will” to “may” in subsection (c)(1)(E). The rule would then read that a “judgment by default may be entered against the defendant.”
URCP041. Dismissal of actions. AMEND. The issue of dismissing an action as to a particular party was brought to the Committee. The example posed included a multi-defendant case where a settlement agreement may have been reached as to some, but not all defendants, and the plaintiff sought to dismiss the action as to those particular defendants, but not all of the defendants. Rule 41 currently addresses the dismissal of an “action.” The Committee is proposing a change to subsections (a)(1)(A) and (a)(2) that would permit a plaintiff to dismiss an action “or any party or portion thereof.”
URCP042. Consolidation; separate trials; venue transfer. AMEND. A change is being proposed to (a)(3) from the word “new” to “single,” because procedurally clerks do not issue a new case number to cases that have been consolidated, rather the case is moved under one case number already in existence.
URCP043. Evidence. AMEND. Changes to the language of the remote hearing oath outlined in subsection (c) to remove the language “issue (or matter) pending between ___ and ___” to be replaced by the word “matter.” Particularly for cases in juvenile court where the caption is “State of Utah in the interest of …” the language in the oath is more encompassing if read “evidence you shall give in this matter” when administering the oath.
Posted: March 14, 2022
Code of Judicial Administration – Comment Period Closed April 28, 2022
CJA03-0407. Accounting. (AMEND). The amendments to the rule address the following items:
1. Incorporate the Budget and Fiscal Management Committee (BFMC) into Rule 3-407 as an approval body for accounting manual updates. The original version of Rule 3-407 predated the creation of the BFMC.
2. Elevate and document the role of the clerks of court as reviewers and approvers of new and amended accounting manual policies, post review by the Accounting Manual Review Committee but before the BFMC. The clerks of court are performing this role today, the proposed amendment would simply incorporate current practice into policy. This change has been endorsed by Shane Bahr and Neira Siaperas.
3. Eliminate the court services representative on the Accounting Manual Review Committee as the elevation of the review by all clerks of court will more comprehensively address any role played by the old court services area which has been integrated into IT.