Utah Court Rules – Published for Comment – Page 28 – 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: November 27, 2017

Rules of Civil Procedure, Criminal Procedure, Code of Judicial Administration – Comment Period Closed January 11, 2018

Utah Rules of Civil Procedure

URCP063 Disability or disqualification of a judge. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the reviewing or assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.

Utah Rules of Criminal Procedure

URCrP029 Disability or disqualification of a judge or change of venue. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.

Utah Code of Judicial Administration

CJA09-0109 Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges and associate presiding judges for justice courts.

Posted: November 22, 2017

Code of Judicial Administration – Comment Period Closed January 6, 2018

CJA011-0401 New Rule 11-401: To establish a standing committee to assist the Board of Appellate Court Judges to determine a roster of attorneys eligible for appointment to represent indigent parties on appeal to the Utah Supreme Court and the Utah Court of Appeals.

Posted: November 16, 2017

Rules of Juvenile Procedure – Comment Period Closed December 31, 2017

URJP007 Warrants. Contains revisions necessitated by new statute section 78A-6-106.5 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP015 Preliminary inquiry; informal adjustment without petition. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP016 Transfer of delinquency case for preliminary inquiry. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments. Clarifies applicability of certain rule provisions to a child (under the age of 18) and a minor (under the age of 21).

URJP023A Hearing on conditions of Section 78A-6-702. Changes burden of proof to preponderance to bring rule into conformity with 2015 statute change.

URJP031 Initiation of truancy proceedings. Repeals Rule 31 due to statutory changes removing juvenile court jurisdiction over habitual truants.

URJP033 Preliminary orders and summary proceedings. Deletes provisions related to the ability to place non-resident runaways into the custody of the Division of child and Family Services.

Posted: October 13, 2017

Rules of Juvenile Procedure – Comment Period Closed November 27, 2017

URJP014 Reception of referral, preliminary determination. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP017 The petition. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP034 Pretrial hearings in non-delinquency cases. Clarifies when the court may enter a default judgment.

URJP048 Post judgment motions. Renames rule from “New hearings” to “Post judgment motions” to more accurately reflect the full scope of the rule’s content. Reduces the time to file post judgment motions to 14 days from the 28 days provided by the Rules of Civil Procedure to avoid conflicts with the shorter time frames for filing expedited child welfare appeals.

Posted: October 10, 2017

Rules Governing Licensed Paralegal Practitioner – Comment Period Closed November 24, 2017

Summary Describing Rules for comment

Posted: August 31, 2017

Rules Governing Licensed Paralegal Practitioner – Comment Period Closed October 15, 2017

LPP Guiding Principles

Posted: August 31, 2017

Licensed Paralegal Practitioners Rules of Professional Conduct – Comment Period Closed October 15, 2017

LPP Rules of Professional Conduct

Ethics and Discipline Rules Summary

To see and comment on the next set of rules, please click on this link: https://legacy.utcourts.gov/utc/rules-comment/2017/08/31/rules-governing-licensed-paralegal-practitioner-2-of-2-comment-period-closes-october-15-2017/.

Posted: August 28, 2017

Code of Judicial Administration – Comment Period Closed October 12, 2017

CJA01-0205. Standing and ad hoc committees. Amend. Adds a justice court judge to the Standing Committee on Resources for Self-represented Parties.

CJA03-0104. Presiding judges. Amend. Moves and amends paragraph (c)(5) from Rule 7 of the Utah Rules of Criminal Procedure, which addresses the use of justice court judges as magistrates.

CJA06-0501. Reporting requirements for guardians and conservators. Amend. In conformity with H.B. 214 (2017), removes the requirement that a non-parent co-guardian report to the court when another co-guardian is the parent of the protected person.

Posted: August 23, 2017

Rules Governing the State Bar – Comment Period Closed October 7, 2017

USB14-0409 Self-study categories of accredited MCLE defined. Proposed changes to the rule allow up to six (6) hours of self-study CLE credit during a compliance period for lawyers who lecture on legal topics in community outreach programs and for lawyers who serve on constitutionally or statutorily created public policy making bodies.

USB14-0413 MCLE credit for qualified audio and visual presentations, webcasts, computer interactive telephonic programs, writing, lecturing’ teaching, public service, pro bono service, live attendance. Proposed changes to the rule state the hours and types of credit that are allowed for lawyers who lecture on legal topics in community outreach programs and for lawyers who serve on constitutionally or statutorily created public policy making bodies.

USB14-0418 MCLE Credit for Pro Bono Legal Services. Proposed new rule that allows lawyers to earn up to six (6) hours of self-study CLE credits during a compliance period for providing pro bono legal services in a case referred by a court or for an approved legal services organization as defined in Rule 14-803.

Posted: August 10, 2017

Utah Rules of Civil Procedure – Comment Period Closed September 24, 2017

URCP006. Time. Amend. Adopts the prisoner mailbox rule, which provides that pleadings and papers filed or served by an inmate confined in an institution are timely if they are deposited in the institution’s internal mail system on or before the last day for filing. Also provides that if an unrepresented party does not have an electronic filing account, has been served by mail under rule 5(b)(3)(C), and response time is calculated from the filing date, response time will instead be calculated by the service date plus the 3 days under paragraph (c).

URCP026.03. Subpoena. Amend. In response to recent legislative updates to Utah Code section 78B-6-810, changes the language in paragraphs (b)(2) and (c) from “occupancy hearing” to “evidentiary hearing” and removes the language “to determine occupancy” in those paragraphs. Also removes the reference to commercial tenants in paragraph (a).

URCP045. Subpoena. Amend. Makes a technical amendment in conformity with Rule 6.