Matter of Emergency Modifications to Utah Supreme Court Rules of Professional Practice, Rules Governing Admission to the Utah State Bar – Comment Period Closed April 16, 2020

Proposed Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak. The proposed Order would modify the Bar Examination passage requirement on an emergency basis for certain eligible law school graduates, based upon the Utah Supreme Court’s constitutionally granted authority to regulate the practice of law in Utah, and in consideration of the public health threat currently posed by the novel infectious coronavirus (COVID-19). The Court will accept comments on this proposed Order through April 16, 2020.

Statement Accompanying Emergency Proposed Order

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Rules of Appellate Procedure – Comment Period Closed May 22, 2020

URAP028A. Appellate Mediation Office. Amend. The proposed amendments to Rule 28A incorporate the advisory committee note into the language of the rule and repeal the note.

URAP044. Transfer of improperly pursued appeals. Amend. The proposed amendments to Rule 44 incorporate the advisory committee note into the language of the rule and repeal the note.

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Rules Governing Licensed Paralegal Practitioner – Comment Period Closed April 24, 2020

RGLPP15-0707. Application; deadlines; withdrawals; postponements and fees. Amend. The proposed amendments to CJA Rule 15-707 allow Licensed Paralegal Practitioner (LPP) applicants to submit an application before completing the national certification requirement so long as that certification is completed within one year of passing the LPP exam. LPPs must complete the national certification before obtaining a license.

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Rules Governing Constitutional Challenges – Comment Period Closed April 12, 2020

The following amendments to Civil Rule 24, Criminal Rule 12, and Appellate Rule 25A are intended to better coordinate the provisions addressing constitutional challenges. The amendments do the following:

  • Address service on the Attorney General and other governmental entities;
  • Broaden the kinds of challenges that may arise;
  • Clarify that it is the governmental entity that responds, not the county or municipal attorney (which can be a contracted position in certain jurisdictions);
  • Eliminate outdated language in Civil Rule 24 in favor of the updated federal language;
  • Clarify in each rule the process and timing for the Attorney General or other governmental entity to respond to a constitutional challenge; and
  • Eliminate the requirement in Appellate Rule 25A that the Attorney General state the reasons for declining to file an amicus brief.

 

URCP024 – Redline and URCP024 – Clean

URCrP012 – Redline

URAP025A – Redline

 

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Rule of Appellate Procedure – Comment Period Closed April 12, 2020

URAP009. Docketing statement. Amend.  The proposed amendments to Rules 9 and 19 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.

URAP019. Extraordinary writs. Amend.  The proposed amendments to Rules 9 and 19 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.

URAP033. Damages for delay or frivolous appeal; recovery of attorney fees. Amend. The proposed amendments would allow the court to impose sanctions without a hearing or at the court’s discretion, so long as the party is provided with notice and an opportunity to respond.

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