Utah Court Rules – Published for Comment – Page 29 – 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: April 11, 2018

Rules of Civil Procedure – Comment Period Closed May 26, 2018

URCP0101 Motion practice before court commissioners. Amend. Makes conforming amendments pursuant to SB 25 (2018), which reduced the 90-day waiting period for a divorce to 30 days. Effective May 8, 2018 pursuant to CJA rule 11-105(5).

URCP0105 Shortening 30 day waiting period in divorce actions. Amend. Makes conforming amendments pursuant to SB 25 (2018), which reduced the 90-day waiting period for a divorce to 30 days. Effective May 8, 2018 pursuant to CJA rule 11-105(5).

Posted: April 9, 2018

Rules of Civil Procedure – Comment Period Closed May 24, 2018

URCP073 Attorney Fees. Amend. An overwhelming number of cases filed in the courts, especially debt collection cases, result in the entry of an uncontested judgment. The work required in most cases to obtain an uncontested judgment does not typically depend on the amount at issue. The amendments eliminate the schedule of fees based on the amount of damages and replace it with a single fee upon entry of an uncontested judgment and a larger fee in contested cases. Where additional work is required to collect on the judgment, the amendments provide a default amount for writs and certain motions, and eliminate the “considerable additional efforts” limitation of the prior rule. The rule remains flexible so that when attorney fees exceed the scheduled amounts, a party remains free to file an affidavit requesting appropriate fees in accordance with the rule.

Posted: April 6, 2018

Licensed Paralegal Practitioners Rules of Professional Conduct and Rules Governing Licensed Paralegal Practitioner – Comment Period Closed May 21, 2018

LPP1.03 Diligence. The proposed rule applies to Licensed Paralegal Practitioners and is part of the new chapter for Licensed Paralegal Practitioners’ Rules of Professional Conduct which was published for comment on August 31, 2017.

RGLPP15-0908 Conflict of Interest. The proposed rule applies to Licensed Paralegal Practitioners and is part of the new chapter for Licensed Paralegal Practitioners’ Fund for Client Protection which was published for comment on August 31, 2017.

Posted: April 5, 2018

Rules Governing the State Bar and Rules Governing Licensed Paralegal Practitioner – Comment Period Closed May 20, 2018

The proposed rules apply to Licensed Paralegal Practitioners. Rule 14-403 amends the membership of the MCLE Board to permit up to 2 Licensed Paralegal Practitioners to serve on the MCLE Board. Rules 15-401 through 15-417 create continuing education requirements for Licensed Paralegal Practitioners that are similar to the MCLE Rules for attorneys. The rules require 12 hours of continuing education every two years which must include three hours of ethics and professionalism. The licensed paralegal practitioner is required to use the same certification process used by attorneys at the end of the two-year cycle to certify they have attended the appropriate CLE courses.

Posted: March 27, 2018

Code of Judicial Administration – Comment Period Closed May 11, 2018

CJA09-0109 Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges, associate presiding judges, and education directors for justice courts. This rule is effective April 1, 2018 pursuant to UCJA Rule 2-205 and this is the second request for comment.

Posted: March 22, 2018

Rules Governing the State Bar – Comment Period Closed May 6, 2018

USB14-0409 Amend. Self-study categories of accredited MCLE defined. Proposed changes to the rule allow up to nine (9) hours of self-study CLE credit during a compliance period for lawyers who lecture on legal topics in community outreach programs.

USB14-0413 Amend. MCLE credit for qualified audio and visual presentations, webcasts, computer interactive telephonic programs, writing, lecturing’ teaching, 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.

Posted: March 14, 2018

Code of Judicial Conduct – Comment Period Closed April 28, 2018

CJC02.2 Amend. The proposal adds language to the comment clarifying when legal error violates the Code.

CJC04.1 Amend. The proposal will exempt judicial candidates from certain prohibitions on political activity.

CJC04.2 Amend. The proposal will allow a judge to operate a retention election campaign if the judge anticipates public opposition.

Posted: March 14, 2018

Rules of Criminal Procedure – Comment Period Closed April 28, 2018

URCrP018 Amend. The rule change will clarify the number of peremptory challenges allowed when alternate jurors are called.

Posted: March 1, 2018

Utah Rules of Evidence – Comment Period Closed April 15, 2018

URE0504 Lawyer – Client. Amended. The amendments to the rule define new terms and
amend existing terms and modify the statement of privilege.

URE0507 New. A person receiving peer support services from a peer support team member has a privilege to refuse to disclose and to prevent another person from disclosing peer support communications.

Posted: February 8, 2018

Code of Judicial Administration – Comment Period Closed March 25, 2018

CJA11-104 Amend. The proposed amendment clarifies the process for submitting a proposed rule change for publication.