Posted: February 28, 2017
Code of Judicial Administration – Comment Period Closed April 14, 2017
CJA 4-0202.09 . Miscellaneous. Amend. Provides that records in property and use tax cases involving commercial information as that term is defined in Utah Code § 59-1-404 are protected. If a request is made to access a record or records, the records will be released within 14 days, except for specific records ordered by the court as sealed, private, protected, or safeguarded. 30 days after the court issues a non-appealable, final order, all records will be public, except as otherwise classified.
Posted: February 22, 2017
Rules of Juvenile Procedure – Comment Period Closed April 8, 2017
URJP018 Adds language regarding the ability to serve a pleading by email on an attorney who has an email account on file with the Utah State Bar. Clarifies that eFiling in the Juvenile Court’s Court and Agency Records Exchange (C.A.R.E.) does not constitute service upon a party and that an agreement to accept email service is not required to effectuate the provisions of Rule 18.
URJP037 Adds reference to the statutory provisions in Section 78A-6-1111 pertaining to limitations on the appointment of counsel for indigent parties.
Posted: February 17, 2017
Code of Judicial Administration – Comment Period Closed April 3, 2017
CJA 11-0103 Amend. This amendment would require the advisory committees to present first to the Supreme Court any proposed rule amendment for public comment and would shorten or dispense with the public comment period in certain exigent circumstances.
Posted: January 27, 2017
Code of Judicial Administration – Comment Period Closed March 12, 2017
CJA 09-301 Record of arraignment and conviction. Repeal. The Court of Appeals has determined that failure to follow this rule does not affect the validity of a plea or conviction with respect to enhancements. State v. Gonzales, 2005 UT App 538, 127 P.3d 1252. The rule is also redundant to other rules and statutes. See, e.g., URCrP Rule 11, CJA Rule 4-609, UTAH CODE § 53-10-208.1.
Posted: January 3, 2017
Code of Judicial Administration – Comment Period Closed February 17, 2017
CJA01-205. Standing and ad hoc committees. Amend. Creates a new Judicial Council Standing Committee on Forms; provides committee composition. Expedited under Rule 2-205.
CJA02-212. Communication with the Office of Legislative Research and General Counsel. Amend. Limits and changes the timing of the notice requirement to the Office of Legislative Research and General Counsel of the Court’s draft rules.
CJA03-117. Committee on Court Forms. New. Establishes the charge for the new Judicial Council Standing Committee on Forms. Expedited under Rule 2-205.
CJA04-103. Civil calendar management. Amend. Pursuant to Cannon v. Holmes, 2016 UT 42 and Civil Rule 41, requires that all orders of dismissal entered under the rule must contain the language “without prejudice.”
CJA04-202.02. Records Classification. Amend. Makes dismissals in criminal cases private except in limited circumstances.
Posted: January 3, 2017
Rules of Civil Procedure – Comment Period Closed February 17, 2017
URCP005 Service and filing of pleadings and other papers. Amend. Adopts the prisoner mailbox rule, which provides that pleadings and papers filed 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.
URCP045 Subpoena. Amend. In conformity with Rule 84’s repeal, makes a technical amendment to paragraph (A)(1)(E).
URCP084 Forms. Repeal. Since the task of creating and updating court forms will now reside with the newly formed Judicial Council Standing Committee on Forms under UCJA Rules 1-205 and 3-117, the Supreme Court’s Advisory Committee on the Rules of Civil Procedure will no longer create forms.
Posted: November 17, 2016
Rules of Criminal Procedure – Comment Period Closed January 1, 2017
URCrP004 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for filing informations.
URCrP004a New. The proposed new rule will address the process for prosecutions commenced by indictment.
URCrP004b New. The proposed new rule will address the process for prosecutions commenced by citation.
URCrP004, 4a, 4b Committee Note The note explains the changes that are made in response to comments received.
URCrP006 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for issuing warrants and summones.
URCrP029 Amend. The proposed amendment will eliminate the presiding officer of the Judicial Council as a person to whom disqualification affidavits may be referred.
Posted: November 16, 2016
Rules of Civil Procedure – Comment Period Closed December 31, 2016
URCP035 Physical and mental examination of persons. Amend. The 2016 amendments to Rule 35 clarify when there is overlap between a Rule 26(a)(4) expert report and when there is not. It also provides for the shorter of a 60-day time frame or 7 days prior to the close of fact discovery in which the party requesting the Rule 35 examination must disclose the report to the person being examined. This is the second request for comment.
Posted: November 10, 2016