Utah Court Rules – Published for Comment – Page 15 – The Supreme Court and Judicial Council invite comments about amending these rules. To view the proposed amendment, click on the rule number. To submit a comment or view the comments of others, click on “Continue Reading.” To submit a comment, scroll down to the “Leave a Reply” section, and type your comment in the “Comment” field. Type your name and email address in the designated fields and click “Post Comment.” Comments cannot be acknowledged, but all will be considered. Comments are saved to a buffer for review before publication.

Posted: August 11, 2021

Rules of Professional Practice – Comment Period Closed September 25, 2021

CJA11-0101. Creation and Composition of Advisory Committees. Amend. The amendments allow for the Supreme Court to appoint vice-chairs to advisory committees. The amendments change the service term from four years to three years for new appointments.

Posted: August 3, 2021

Code of Judicial Administration – Comment Period Closed September 17, 2021

CJA01-0305. Board of Senior Judges. Amended. The amendments to CJA Rule 1-305 modify the Board of Senior Judges.

CJA03-0104. Presiding judges. Amended. The amendments to CJA Rule 3-104 clarify the authority of a presiding judge to assign a senior judge by referencing CJA Rule 3-108.

CJA03-0108. Judicial assistance. Amended. The amendments to CJA Rule 3-108 establish the circumstances for which a senior judge assignment may be made and the procedure for making a senior judge assignment.

CJA03-0113. Senior judges. Amended. The amendments to CJA Rule 3-113 clarify and modify the circumstances in which a senior judge may be compensated for judicial coverage.

CJA03-0501. Insurance Benefits Upon Retirement. Amended. The amendments to CJA Rule 3-501 provide guidance for the use of the senior judge incentive benefit.

CJA11-0201. Senior Judges. The amendments to CJA Rule 11-201 provide the Supreme Court with additional information about applicants for appointment as a senior judge and clarify the process in which an applicant may respond to a Judicial Council recommendation regarding the appointment of a senior judge.

Posted: July 28, 2021

Code of Judicial Administration – Comment Period Closed September 11, 2021

CJA01-0303. Internal procedures and organization. Amend. An amendment to CJA Rule 1-303 was approved by the Judicial Council to allow for reports from the Boards twice each year rather than quarterly.

Posted: July 27, 2021

Rules of Appellate Procedure – Comment Period Closed September 10, 2021

URAP023. Motions. Amend. The proposed amendments remove all language regarding form requirements in 23(f) and incorporate that language into Rule 27.

URAP027. Form of briefs. Amend. The proposed amendments: (1) combine form requirements for briefs, motions, and other documents into one rule; (2) incorporate language regarding form requirements from Rule 23(f); and (3) clean up other language for clarity and consistency.

URAP030. Decision of the court: dismissal; notice of decision. Amend. The proposed amendments clarify what constitutes the entry of a decision in 30(d) and (e).

URAP031. Expedited appeals decided after oral argument without written opinion. Amend. The proposed amendments: (1) include language in 31(b)(1) allowing the Court to consider expedited decision upon stipulation of the parties; (2) remove the language in 31(d) regarding appeals ineligible for expedited decision; and (3) clean up other language for clarity and consistency.

URAP054. Transcript of proceedings. Amend. The proposed amendments update instructions for ordering transcripts in 54(a).

URAP055. Petition on appeal. Amend. The proposed amendments: (1) change the deadline in 55(a) for filing the petition on appeal to 15 days from the transmission of the record, rather than from filing the notice of appeal; (2) modify 55(b) to allow appointed appellate counsel to file the petition on appeal; and (3) include a requirement that appellate counsel be appointed within 21 days of the notice of appeal.

URAP056. Response to petition on appeal. Amend. The proposed amendments: (1) replace the page requirement with a word requirement in 56(b); and (2) comport the rule with Standing Order No. 11.

URAP057. Record on appeal; transmission of record. Amend. The proposed amendments update language regarding record transmission in 57(b).

URAP058. Ruling. Amend. The proposed amendments remove the language in 58(b) regarding the remand to juvenile court to appoint appellate counsel.

Posted: June 28, 2021

Rules of Juvenile Procedure – Comment Period Closed August 12, 2021

URJP005. Definitions. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and updates the definition of “ungovernability” to align with H.B. 285.

URJP007. Warrants. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modifies the language in subsection (b)(6) regarding runaway minors to align with H.B. 285, adds a statutory reference to the authority a probation officer has to take into custody a minor who violates a condition of probation, and clarifies that “custody” is “temporary custody.”

URJP011. Time limits on detention orders. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and adds language to address when diversion in lieu of detention agreements can terminate.

URJP030. Citations; applicable offenses and procedures; bail. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Clarifies a minor’s right to bail when the minor has been cited or is in a detention facility as well as that “court” refers to “juvenile court.”

URJP050. Presence at hearings. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modifies the language in subsection (f) to conform with proposed changes the Advisory Committee on the Rules of Civil Procedure made to Civil Rule 24 involving tribal intervention and participation in Indian Child Welfare Act cases.

URJP060. Judicial bypass procedure to authorize minor to consent to an abortion. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and qualifies that the time frame in subsection (d) is business days.

Posted: June 21, 2021

Rules of Civil Procedure – Comment Period Closed August 5, 2021

URCP005. Service and filing of pleadings and other papers. Amend. The proposed amendments provide that no certificate of service is required when a paper is served by filing it with the court’s electronic-filing system under paragraph (b)(3)(A).

URCP024. Intervention. Amend. Under the Indian Child Welfare Act (ICWA), an Indian Tribe is permitted to intervene in a child custody proceeding involving an Indian child. These cases arise in both district and juvenile court. Amendments to Rule 24, which track those already adopted in Juvenile Rule 50, will allow a uniform approach to ICWA to be adopted in both juvenile and district court.

Rule 62. Stay of proceedings to enforce a judgment or order. Amend. Among other amendments intended to streamline and improve Rule 62’s efficacy, the proposed amendments extend the time for the automatic stay from 14 days to 28 days and provide that a party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security.

URCP062. Redline

URCP062. Clean

Posted: June 16, 2021

Rules of Juvenile Procedure – Comment Period Closed July 31, 2021

URJP021. Warrant of arrest or summons in cases under Utah Code section 78A-6-703.3. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and changes terminology regarding detention and correctional facilities to align with statutory language.

URJP037. Child protective orders. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and changes the time frame for holding a hearing after granting an ex party child protective order to align with statutory changes in H.B. 255 Protective Order Revisions (2021).

Posted: June 7, 2021

Rules of Evidence – Comment Period Closed July 22, 2021

URE0504. Lawyer – Client. Extends the lawyer-client privilege to cover Licensed Paralegal Practitioners and Regulatory Sandbox participants.

Posted: June 2, 2021

Code of Judicial Administration – Comment Period Closed July 17, 2021

CJA01-0205. Standing and ad hoc committees (AMEND). Amends membership on the Standing Committee on Pretrial Release and Supervision.

CJA03-0419. Office of Fairness and Accountability (NEW). Establishes the Office of Fairness and Accountability, and identifies the duties of the Director and the objectives of the Office.

CJA04-0202.02. Records classification (AMEND). Clarifies that minors’ names are only public in criminal cases if the minor is a party. This is not a change, the language is simply intended to clear up confusion on the issue.

CJA04-0206. Exhibits (AMEND). Significantly bolsters uniform procedures for the marking, receipt, maintenance, and release of exhibits. Provides courts with the discretion to extend applicability to any proceeding in which exhibits are introduced.

CJA04-0401.02. Possession and use of portable electronic devices (AMEND). Allows JPEC continued use of recordings to evaluate the performance of justice court judges subject to a basic evaluation.

Posted: June 2, 2021

Code of Judicial Administration – Comment Period Closed July 17, 2021

CJA04-0403. Electronic signature and signature stamp use (AMEND). New Utah Rules of Civil Procedure 7A and 7B, effective May 1, 2021, replaced the order to show cause process with new “motion to enforce” procedures. Similar to the OSC process, a moving party files an ex parte motion and the court issues an order. The rule amendment allows clerks and judicial assistants to use, with prior approval, an electronic signature or signature stamp to process motions to enforce.