Posted: August 22, 2024
Supreme Court Rules of Professional Practice – Comment Period Closed October 6, 2024
USB14-0810. New. This rule was published for public comment on May 28, 2024 as Rule 11-706. The Supreme Court has decided to place this rule in Chapter 14 instead of Chapter 11. The Supreme Court is republishing this rule for public comment because of edits made after the previous public comment period.
Posted: August 16, 2024
Utah Rules of Criminal Procedure and Utah Rules of Juvenile Procedure – Comment Period Closed September 30, 2024
URCrP017.5. Notice of repeal for Utah Rules of Criminal Procedure 17.5 effective September 1, 2024. Posted for public comment.
URJP029B. Notice of repeal of Utah Rules of Juvenile Procedure 29B effective September 1, 2024. Posted for public comment.
URJP037B. Notice of repeal of Utah Rules of Juvenile Procedure 37B effective September 1, 2024. Posted for public comment.
Posted: August 16, 2024
Code of Judicial Administration – Comment Period Closed September 30, 2024
UCJA11-0503. Oversight Committee for the Office of Professional Conduct. AMEND. The proposed amendments to this rule increase the number of committee members, expand the responsibilities of the committee, and increase the frequency of the committee’s meetings.
UCJA11-0510. Ethics and Discipline Committee composition. AMEND. The proposed amendments to this rule prohibit the chair of the Ethics and Discipline Committee from engaging in the private practice of law for payment. The proposed amendments also make stylistic changes.
UCJA11-0520. Chief Disciplinary Counsel and OPC counsel. AMEND. The proposed amendments to this rule clarify the employment structure and responsibilities of the Chief Disciplinary Counsel for the Office of Professional Conduct.
UCJA11-0521. OPC prosecutorial powers and duties. AMEND. The proposed amendments to this rule clarify the authority of the Chief Disciplinary Counsel of the Office of Professional Conduct.
Posted: August 15, 2024
Rules of Juvenile Procedure – Comment Period Closed September 29, 2024
URJP014. Reception of referral; preliminary determination. Amend. The proposed revision to paragraph (a) intends to clarify when a probation officer may send a delinquency referral to a prosecutor. This change conforms with Utah Code sections 80-6-303.5 and 80-6-304.5. The changes also include several stylistic changes and a restructuring of paragraphs (a) and (c).
Posted: August 7, 2024
Model Utah Criminal Jury Instructions – Comment Period Closed September 24, 2024
The Utah Judicial Council invites comments to the following Model Utah Criminal Jury instructions. The comment period expires September 20th, 2024. Although these instructions are subject to a comment period, they are now ready for use. The Model Criminal Jury Instructions Committee will consider all comments made during the comment period and may revise the instructions as appropriate.
The Judicial Council also encourages judges and practitioners to continuously share their experiences using any of the published instructions with the Model Criminal Jury Instructions Committee.
CR430 – Jury Unanimity – Single Offense in More than One Way
CR432 – Jury Unanimity – Evidence of More Occurrences than Charges
CR1008 – Driving With any Measurable Controlled Substance in the Body
CR1101 – Failure to Respond to an Officer’s Signal to Stop (Class A Misdemeanor)
How to view text of the proposed model civil jury instructions:
Click the link to the instruction above or follow this link to see all proposed jury instructions and submit comments: https://legacy.utcourts.gov/utc/muji-comment/.
How to submit comments:
You can comment and view the comments of others by clicking on the “CONTINUE READING” link associated with each body of instructions. After clicking on that link, you will be asked for your name, which is required, and your email address, which need not be your real address. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.
After submitting your comment on the webpage, you may get an error message. If so, your comment has been delivered to a buffer and it will be published as soon as possible.
You may submit comments directly through the website or to Bryson King at brysonk@utcourts.gov.
One method of submitting a comment is sufficient. If you email a comment, please list the relevant instruction(s) in the message line and include your comment in the message text, not in an attachment.
How to view published Model Criminal Jury Instructions:
Visit https://legacy.utcourts.gov/muji/
How to view the Model Criminal Jury Instructions Committee’s work:
Posted: July 23, 2024
Rules of Civil Procedure – Comment Period Closed September 6, 2024
URCP005 AMEND. The proposed amendments to this rule take into account the new filings systems and ways in which service and filing can be accomplished. The major amendments include removing the list from paragraph (a), updating the methods of service found in paragraph (b), and a revised paragraph (d) for certificates of service. Amendments were also made to conform to the rules style guide, format for other rules, and to use plain language.
URCP 001 AMEND. The proposed amendments to this rule are to conform to the rules style guide. It was reviewed along with Rule 81 after the drafting of the new Rules of Business and Chancery Court Procedure.
URCP081 AMEND. The proposed amendments to this rule were proposed after the drafting and finalization of the new Rules of Business and Chancery Court Procedure, and to conform to the rules style guide.
URCP007A AMEND. The proposed amendments to rules 7A(h) and 37(b) were made to clarify the enforcement mechanisms found in rule 37(b) as opposed to using the motion to enforce order and for sanctions process found in rule 7A. This amendment also includes a proposal to delete subparagraph (b)(6) from Rule 37. The amendments to Rule 37 will be forthcoming as the proposals include additional language changes for subpoenas that are being made in conjunction with several other URCP rules.
URCP060 AMEND. The proposed amendments to this rule are to clarify the language found in subparagraph (d) and update the numbering found in subparagraph (b) to conform to the rules style guide.
Posted: July 11, 2024
Rules of Appellate Procedure Comment Period Closed August 25, 2024
URAP019 Rule 19. Extraordinary relief. Amend. The Committee proposes amending Rule 19 to update the reference to Rule 23C.
URAP021 Rule 21. Filing and service. Amend. The Committee proposes amending Rule 21 to: (1) remove the language “and accompanied by proof of service” in paragraph (c) because that language is unnecessary where paragraph (e) provides the requirements for proof of service; and (2) change “contact information” to “user accounts” to clarify that electronic service will occur on parties that have a user account.
URAP023C Rule 23C. Motion for emergency relief. Amend. The Committee proposes amending Rule 23C to: (1) change the term “emergency relief” to “expedited review” throughout the rule and further clarify that this rule cannot provide any substantive relief, but provides only a means for obtaining expedited review of a pending motion, petition, or appeal; (2) clarify the content length of a motion for expedited review; and (3) clean-up language for clarity and consistency.
URAP029 Rule 29. Oral Argument. Amend. The Committee proposes amending Rule 29 to add that a party may not reserve more than five minutes for rebuttal during oral argument.
Posted: July 11, 2024
Rules of Evidence – Comment Period Closed August 25, 2024
URE.0615 Excluding Witnesses. Amend. Changes are proposed to conform closely (but not completely) to recent amendments made to FRE 615. The proposed amendments clarify that witnesses may be excluded “from the courtroom or from a place where they can see or hear the proceedings;” specify that only “one” “officer or employee of a party that is not a natural person” be exempt from exclusion “if that officer or employee has been designated as the party’s representative by its attorney;” and add a new subparagraph (b) to clarify that the court may make other orders to “prohibit disclosure of trial testimony to excluded witnesses,” and to “prohibit excluded witnesses from accessing trial testimony.”
Posted: June 26, 2024
Code of Judicial Administration – Comment Period Closed August 10, 2024
CJA01-0205. Amend. Standing and ad hoc committees
CJA02-0102. Amend. The proposed amendments formalize the existence of the Council’s consent calendar, list the items which may be placed on the calendar, outline the process for removing items from the calendar, and require a Council vote on items placed on the consent calendar.
CJA03-0422. New. Tribal Liaison Committee. The proposed amendments create a new Judicial Council standing committee, the Tribal Liaison Committee, to serve as a core leadership team for the Tribal Liaison and to provide subject matter expertise to the Council regarding matters impacting both the judiciary and tribal courts.
CJA03-0501. Amend. The proposed amendments clarify policies regarding retirement benefits for commissioners and judges of courts of record and incentive benefits for active senior judges.
CJA04-0101.New. Manner of appearance. The Supreme Court recently published proposed rules of civil, criminal, and juvenile procedure which identify factors judges should consider when setting in-person, remote, and hybrid hearings. The procedural rules also specify how hearing participants may request to appear in a manner opposite of the initial court setting and provide factors judges should consider in approving or denying a participant’s request. Rule 4-101 is a new companion rule addressing notice and compliance.