Posted: April 7, 2020
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.
Posted: April 6, 2020
Code of Judicial Administration – Comment Period Closed May 21, 2020
CJA01-0205. Standing and ad hoc committees. Amend. Changes the composition of the Utah Judicial Council’s Standing Committee on Children and Family Law based, in part, on amendments to Utah law. Removes a legislative position, updates the mediator position, and adds a mental health professional.
Posted: March 10, 2020
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.
Posted: March 5, 2020
Rules of Criminal Procedure – Comment Period Closed April 19, 2020
URCrP022. Sentence, judgment, and commitment. Amend. The amendments conform the rule to current practices. The court will undertake the responsibility of sending commitment orders to the jail without the need for law enforcement officers to file a return.
Posted: February 27, 2020
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- Eliminate outdated language in Civil Rule 24 in favor of the updated federal language;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
Posted: February 27, 2020
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.
Posted: February 25, 2020
Rules of Evidence – Comment Period Closed April 10, 2020
URE0512. Victim Communications (AMEND). Clarifies which disclosures do and do not waive the privilege.
Posted: February 4, 2020
Code of Judicial Administration – Comment Period Closed March 20, 2020
CJA11-0102. Advisory Committee Procedures. AMENDED. Amendments provide that Utah Supreme Court advisory committees shall adopt expedited procedures for recommending rules to the Court when time is of the essence, such as when immediate rule changes may be required due to changes or proposed changes in the law.
Posted: January 28, 2020
Code of Judicial Conduct – Comment Period Closed March 13, 2020
CJC03.7. Participation in Education, Religious, Charitable, Fraternal, or Civic Organizations and Activities. Amended. Amends the Code of Judicial Conduct to permit judges to directly engage in fundraising for court projects, as long as the potential donors do not regularly appear in the court the judge serves.
Posted: January 21, 2020
Code of Judicial Administration – Comment Period Closed March 6, 2020
CJA01-0204. Executive Committees (AMEND). The Judicial Council formalized a new executive committee, the Budget and Fiscal Management Committee. Proposed amendments add the Budget and Fiscal Management Committee to the executive committee list, and define the Committee’s duties.
CJA01-0205. Standing and Ad Hoc Committees (AMEND). The Judicial Council’s Standing Committee on the Online Court Assistance Program (OCAP) no longer exists. Proposed amendments remove the OCAP member positions from the Committee on Resources for Self-Represented Parties and the Committee on Court Forms.
CJA03-0111. Performance Evaluation of Active Senior Judges and Court Commissioners (AMEND). The reporting standards for active judges versus senior judges and commissioners were different. Utah Code 78A-2-223 sets a standard of two months for trial judges. For consistency, the proposed amendments change the standard for senior judges and commissioners from “60 days” to “two months.”
CJA03-0406. Budget and Fiscal Management (AMEND). The proposed amendments reflect the Judicial Council’s policy change regarding its budget process.
CJA04-0905. CJA 4-905. Restraint of Minors in Juvenile Court (AMEND). The proposed amendment eliminates the subsection of the referenced statute to avoid outdated citations in the future.
CJA010-1-0202. Verifying Use of Jury (AMEND). The Second District Court requested that local supplemental rule CJA 10-1-202 be repealed
because it is no longer needed. The Second District follows practices set forth in general rules observed by all other judicial districts.
CJA Appendix F. Utah State Court Records Retention Schedule. The first proposed amendment eliminates the requirement that the enhancement forms previously required under Rule 9-301 be retained permanently. Because Rule 9-301 was
repealed, those records should now be destroyed at the same time as the file to which the record pertains. Eliminating the specific reference in the schedule will default to that result.
The second proposed amendment changes the retention for domestic violence cases to ten years to reflect the change in statute that makes those offenses enhanceable for ten years.