Utah Court Rules – Published for Comment – Page 24 – 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: October 22, 2019

Rules of Criminal Procedure – Comment Period Closed December 6, 2019

URCrP004. Prosecution by information.

URCrP006. Warrant of arrest or summons.

The proposed amendments will require the court to review an information for probable cause prior to issuing a warrant. Review is not required at the time of issuing a summons.

URCrP038. Appeals from justice court to district court.

The proposed amendment will result in the justice court no longer being required to send the entire file to the district court on appeal. Only certain documents will be sent.

Posted: October 9, 2019

Code of Judicial Administration and Rules of Appellate Procedure – Comment Period Closes November 23, 2019

CJA11-0401.Standing Committee on Appellate Representation and the Appellate Roster. Amend.

URAP038B. Qualifications for Appointed Appellate Counsel. Amend.

URAP058. Ruling. Amend.

The following is a brief summary of the rule amendments:

Updates terminology in Rule 11-401 to address legislative changes;
Addresses in Rule 11-401 the addition to the Appellate Roster of appeals of private parental termination cases from the district court;
Adds a mentoring provision to Rule 11-401;
Adds a rolling admissions provision to Rule 11-401;
Addresses in Rule 11-401 the Indigent Defense Commission’s role with the committee;
Merges the provisions of Appellate Rule 38B into Rule 11-401;
Addresses in Rules 38B and 11-401 the role of attorneys’ contracts with government entities to represent indigent individuals on appeal prior to Rule 11-401’s adoption;
Addresses the tension between Rule 55 and the child welfare appellate roster in Rule 58;
Adds transparency to the Appellate Roster vetting process; and
Amends the Appellate Roster reconsideration process.

Posted: September 5, 2019

Code of Judicial Administration – Comment Period Closed October 20, 2019

CJA04-0410. Courthouse closure. NEW RULE – Outlines procedure for closure of a courthouse, including responsibilities of presiding judges and court management.

Posted: September 4, 2019

Rules Governing Licensed Paralegal Practitioner – Comment Period Closed October 19, 2019

Changes to rules clarify the definitions of an “Accredited Program” and “National Certification” in the LPP licensure rules.

RGLPP15-0701. Definitions.

RGLPP15-0703. Qualification for licensure as a licensed paralegal practitioner.

Posted: July 23, 2019

Code of Judicial Administration – Comment Period Closes September 5, 2019

CJA04-0103. Civil Calendar Management. AMEND – Clarify mandate in rule language by removing reference to Utah Rules of Civil Procedure.

CJA04-0401.02. Possession and Use of Portable Electronic Devices. AMEND – Provides avenue for JPEC to conduct pilot program for conducting basic evaluation in certain justice courts using video recording and transmission.

Posted: July 18, 2019

Rules of Criminal Procedure – Comment Period Closed September 1, 2019

URCrP009. The proposed amendments modify the times within which a defendant must appear in court after a warrantless arrest when the defendant has been unable to meet the release conditions set by the magistrate.

URCrP009A. The proposed amendments modify the times within which a defendant must appear in court when the defendant has been arrested pursuant to a warrant and has been unable to meet the release conditions set by the court.

Posted: June 27, 2019

Rules of Civil Procedure – Comment Period Closed August 11, 2019

URCP007A. Motion to enforce order and for sanctions. New. Creates a new, uniform process for enforcing court orders through a regular motion practice. Replaces the current order to show cause process.

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. Amend. Repeals paragraph (q) and moves the provisions addressing the court’s inherent power to initiate order to show cause proceedings to new Rule 7A(h).

URCP100. Coordination of cases pending in district court and juvenile court. Amend. To ensure better coordination of cases between courts, Rule 100 is amended to clarify that parties who have a child custody case in one court must notify that court of any other custody case in another court involving the same party or the same child. Custody cases include minor guardianship.

Posted: June 27, 2019

Rules of Criminal Procedure – Comment Period Closed August 11, 2019

URCrP014. Subpoenas. The proposed amendments redefine and clarify the processes for taking and using testimony of a material witness, and for obtaining information for a victim.

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.