Posted: August 29, 2016
Rules of Civil Procedure – Comment Period Closed October 13, 2016
Rule 034 Production of documents and things and entry upon land for inspection and other purposes. Amend. The 2016 amendments to Rule 34(b)(2) adopt 1) the specificity requirement in the 2015 amendments to Federal Rule of Civil Procedure 34(b)(2)(B), 2) a portion of Federal Rule 34(b)(2)(C) dealing with the basis for an objection to production, and 3) some clarifying language from the federal note.
Rule 035 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 a 28-day time frame in which the party requesting the Rule 35 examination must disclose the report to the person being examined.
Posted: August 19, 2016
Rules of Evidence – Comment Period Closed October 3, 2016
URE 0412 Amend. Changes the classification of records described in subparagraph (c)(3) from sealed to protected.
URE 0504 Amend. The definition of “Representative of the client” has been revised to be more grammatically correct, and to clarify the application of the term “specifically authorized” in subparagraph (a)(4).
Posted: July 29, 2016
Rules of Small Claims Procedure – Comment Period Closed September 12, 2016
URSCP 001 General provisions. Amend. The Utah Rules of Small Claims Procedure will not apply to cases removed from small claims court to district court, except as outlined in Rule 12.
URSCP 002 Plaintiff beginning the case. Amend. Title changed to include “Plaintiff.”
URSCP 002A Defendant’s removal from district court. New. Prescribes the procedures outlined in Utah Code Section 78A-8-102, authorizing a defendant to remove a case from district court to small claims court with the plaintiff’s stipulation.
URSCP 003 Service of the affidavit and summons. Amend. Requires language in the summons sufficient to notify a defendant of his/her removal rights.
URSCP 004 Counter affidavit. Amend. Provides an exception to the time limit for filing a counter affidavit when a defendant is removing the case pursuant to Rule 2A.
URSCP 004A Defendant’s removal to district court. New. Provides defendants with the ability to remove a case filed in small claims court to district court for proceedings in accordance with the Utah Rules of Civil Procedure, including the option for a jury trial in the first instance.
URSCP 012 Appeals. Amend. Provides parties the option of electing a jury trial de novo in the district court for cases tried in small claims without a jury and allows district court judges the option of requiring parties to exchange information prior to a de novo trial (with or without a jury). Notifies parties of their appellate rights when a case is removed to district court pursuant to Rule 4A.
Posted: July 27, 2016
Code of Judicial Administration – Comment Period Closed September 10, 2016
CJA 11-0201 Senior judges. Amend. Removes the reference to attorney survey results under the requirement that senior judges obtain results on their most recent judicial performance evaluation sufficient to have certified them for retention.
CJA 11-0203 Senior justice court judges. Amend. Includes an allowance for judges who were laid off pursuant to Utah Code 78A-7-203 to qualify as a senior justice court judge and adds an initial qualifying requirement that senior justice court judges obtain results on their most recent judicial performance evaluation sufficient to have certified them for retention.
Posted: July 14, 2016
Fourth District Local Rule – Comment Period Closed August 28, 2016
Rule 10-1-407 Time to charge. New. Fourth District local rule that governs the time and conditions between arrest and first appearance in all felony and Class A misdemeanor offenses when the defendant is arrested without a warrant and remains in custody.
Posted: July 1, 2016
Rules of Criminal Procedure – Comment Period Closed August 15, 2016
Rule 004: Sets forth in detail the required contents of an information. The new provisions will require statements about pretrial release.
Rule 005: Repealed.
Rule 006: The proposed changes create a presumption in favor of summonses over warrants. The rule establishes the requirements for issuing a warrant. The rule also describes the required content of summonses and warrants.
Posted: June 30, 2016
Rules of Criminal Procedure – Comment Period Closed August 14, 2016
Rule 22 The proposed changes to the rule will set out in more detail the circumstances under which a court may correct a sentence.
Posted: June 9, 2016
Rules of Criminal Procedure – Comment Period Closed July 24, 2016
Rule 038 Amend. The proposed amendment clarifies that a defendant may withdraw an appeal prior to entry of a plea of guilt or prior to commencement of trial.
Posted: June 3, 2016
Rules of Appellate Procedure – Comment Period Closed July 16, 2016
Rule 014 Amend. Requires a party seeking review in the Supreme Court or Court of Appeals of an administrative agency order to file a petition for review even if a statute describing the review describes it as an appeal. Removes provisions governed by statute or other rules.
Rule 025A New. Describes the requirement and procedures for serving briefs on the attorney general or county or municipal attorney when challenging the constitutionality of a statute or ordinance. Establishes penalties for failure to do so. Allows the attorney general or county or municipal attorney to file an amicus brief when the constitutionality of a statute or ordinance is challenged. Allows the appellate court to request an amicus brief.
Posted: May 24, 2016