Posted: June 24, 2019
Rules of Civil Procedure and Code of Judicial Administration – Comment period closes August 8, 2019
URCP026.04. Provisions governing disclosure and discovery in contested proceedings under Title 75 of the Utah Code. New. Carves out the circumstances under which an objection to a probate petition may be made, as well as the initial disclosures and timelines for discovery.
CJA06-506. Procedure for contested matters filed in the probate court. New. Codifies a long-standing probate mediation practice in the Third District, makes probate mediation statewide, institutes a pre-mediation conference, and addresses the role of interested persons.
Posted: May 22, 2019
Code of Judicial Administration – Comment Period Closed July 6, 2019
CJA01-0204. Executive Committees. AMEND – Clarifies role of Policy and Planning Committee regarding human resources policies and procedures.
CJA03-0402. Human Resources Administration. AMEND – Updates committee membership and clarifies workflow for processing proposed revisions to the human resource policies and procedure.
CJA04-020.03. Records access. AMEND – Permits a parent or guardian of a minor victim to access the disposition order entered in a delinquency case.
CJA04-0903. Uniform custody evaluations. AMEND – Adds “Licensed Clinical Mental Health Counselor” to list of professionals who may perform custody evaluations. Removes from the rule the list of factors required to be considered by evaluator, instead directing that all custody factors set forth in statute must be considered.
Posted: May 7, 2019
Rules of Appellate Procedure – Comment Period Closed June 21, 2019
URAP045. Review of judgments, orders, and decrees of court of appeals. Amend. Conforms the rule to current practice in providing that unless the rule requires otherwise, every reference in Rules 45 through 51 to a petition or petitioner includes a cross-petition or cross-petitioner, respectively.
URAP049. Petition for writ of certiorari. Amend. Corrects an erroneous reference in paragraph (a)(6)(C) from Rule 47(c) to Rule 48(d)(1)(B).
Posted: April 23, 2019
Code of Judicial Administration – Comment Period Closed June 7, 2019
CJA06-0101. The Board of District Court Judges. Amend. Increases the Board composition from ten to eleven positions. Provides that the Fifth Judicial District now has its own Board position.
Posted: April 18, 2019
Rules Governing the Utah State Bar – Comment Period Closed June 2, 2019
CJA14-0515. Access to disciplinary information. Amend. Currently, Rule 14-515 requires all parties to a discipline action to maintain confidentiality prior to the filing of a formal complaint or the issuance of a public reprimand. The amendments to Rule 14-515 clarify that the confidentiality requirements do not apply to the complainant.
Posted: April 9, 2019
Rules of Civil Procedure and Rules of Juvenile Procedure – Comment Period Closed May 24, 2019
The following proposed coordinating amendments codify an existing practice. In response to recent changes in the law, the juvenile court now automatically abstracts to the district court unpaid restitution orders entered as civil judgments.
URCP058B. Satisfaction of judgment. Amend. Updates terminology and provides that the juvenile court will file an abstract of judgment in the district court upon entering an unpaid restitution order as a civil judgment. Also provides that If the judgment falls under Rule 58 of the Utah Rules of Juvenile Procedure, the judgment creditor must file an acknowledgment of satisfaction in both the district court and the juvenile court within 28 days after full satisfaction of the judgment.
URJP058. Victim rights. Amend. Provides that if the juvenile court enters an unpaid restitution order as a civil judgment, the juvenile court will file an abstract of judgment in the district court. The victim is entitled to enforce the judgment in the district court and the judgment shall be treated in all respects as if the judgment was originally entered in the district court.
Posted: April 2, 2019
Rules of Criminal Procedure – Comment Period Closed May 17, 2019
URCrP022. The proposed change will allow a defendant to file a motion to correct a sentence when the sentence becomes unconstitutional based on a rule established by the U.S. Supreme Court, Utah Supreme Court, or Utah Court of Appeals after sentencing, and the rule was not dictated by precedent existing at the time of sentencing. Associate Chief Justice Thomas Lee has included a comment raising the question of whether there should be time limits for such motions. Associate Chief Justice Lee asks practitioners to comment on that issue.
Posted: March 21, 2019
Rules of Professional Conduct – Comment Period Closed May 5, 2019
RPC.0804. Misconduct. Amend. Provides that it is professional misconduct for a lawyer to engage in conduct that is an unlawful, discriminatory, or retaliatory employment practice under Title VII of the Civil Rights Act of 1964 or the Utah Antidiscrimination Act. “Employer” means any person or entity that employs one or more persons. The amendments also provide that it is professional misconduct for a lawyer to egregiously violate, or engage in a pattern of repeated violations, of the Standards of Professionalism and Civility if such violations harm the lawyer’s client or another lawyer’s client or are prejudicial to the administration of justice.
This rule coordinates with Utah State Bar Rule 14-301, Standards of Professionalism and Civility.
Posted: March 14, 2019
Rules of Juvenile Procedure – Comment Period Closed April 28, 2019
URJP009. Detention hearings; scheduling; hearing procedure. Amended. Clarifies that the findings made at the time a minor is held in detention are not also required if the court determines instead that a minor should be released.
URJP032. Initiation of ungovernability and runaway cases. Amended. Revised to reflect that the rule applies to children and not minors and to mirror the language of Section 78A-6-103(3).