Utah Court Rules – Published for Comment – Page 32 – 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 31, 2018

Rules of Appellate Procedure – Comment Period Closed December 15, 2018

URAP048. The amendments to Rule 48(e)(1) help to clarify Subsections (e)(1) and (e)(2) and when the Court may extend the time for filing a petition or cross-petition for a writ of certiorari.

Posted: October 30, 2018

Code of Judicial Administration – Comment Period Closed December 14, 2018

CJA11-0401. Standing Committee on Appellate Representation. Amend. Updates the definition of “legal defender’s office.”

Posted: October 29, 2018

Code of Judicial Administration – Comment Period Closed December 13, 2018

CJA04-0409. Council Approval of Problem Solving Courts. AMEND – Removes certification criteria from Rule 4-409 and adds those items to the Judicial Council’s problem solving court certification checklist. Clarifies and provided greater detail regarding the Judicial Council’s problem solving court certification process. Makes miscellaneous stylistic changes and minor non-substantive revisions.

Adult Drug Court Certification Checklist. AMEND – Adds certification criteria previously located in Rule 4-409. Reformats and reorganizes existing content for greater clarity and ease of use. Make minor non-substantive revisions and corrections. While publication of the certification checklist is not required under CJA 2-203, the Judicial Council is seeking public comment on the certification checklist due to its interdependence with CJA 4-409. Although the specific version of the checklist published for public comment relates to “Adult Drug Courts,” feedback will be considered more broadly as applying to all types of Utah problem solving courts. The Judicial Council specifically seeks feedback on the continuing need for the “in rural areas” exception language marked with an asterisk in “Required Criteria” number 13 and 14.

Posted: September 28, 2018

Code of Judicial Administration – Comment Period Closed November 12, 2018

CJA01-0205. Standing and Ad Hoc Committees.

AMEND. Adds a member of the Utah Indigent Defense Commission to the Utah Judicial Council’s Standing Committee on Pretrial Release and Supervision.

AMEND. Adds a court commissioner to the Utah Judicial Council Standing Committee on Court Forms.

AMEND. Stylistic formatting (numbering) changes to committee composition section of the rule.

CJA04-0202.02. Records Classification.

AMEND. Classifies abstracts of juvenile court judgments filed in district court as “private” court records.

CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees.

AMEND. Makes the Standing Committee on Court Forms responsible to approve the motion and affidavit to waive fees forms (previously the responsibility of the Board of District or Juvenile Court Judges).

CJA Appendix I. Summary of Classification of Court Records.

AMEND. Change classification of “Criminal Invesigations” case type from “Protected” to “Public unless otherwise ordered” for better consistency with requirements of Utah Code.

Posted: September 26, 2018

Rules Governing the State Bar – Comment Period Closed November 10, 2018

USB14-0806. Proposed amendments more accurately describe pro hac vice application requirements. Changes also increase the application fee to the fee equal to the annual licensing fee by paid active members of the Utah State Bar and require pro hac vice admittees to pay an annual renewal fee for each year the pro hac admitee continues to act as counsel in the cause.

Posted: September 26, 2018

Utah Rules of Evidence – Comment Period Closed November 10, 2018

URE0617. Eyewitness Identification. This new rule provides criteria and procedures to be used by a factfinder to evaluate a contested eyewitness identification.

URE0902. Evidence That Is Self-Authenticating. Amend. Adopts provisions similar to the recently adopted FRE 902(13) and (14) regarding electronic records.

Posted: August 29, 2018

Rules of Appellate Procedure – Comment Period Closed October 13, 2018

The amendments to URAP 23B incorporate language from the Court’s Revised Order Pertaining to Rule 23B, dated September 25, 2013, and makes other amendments that conform to current practice. The amendments to URAP 25, 46, 49, 50 and 51 are to conform the rules to current practice, and to clarify the standards and grounds for review of a petition for certiorari.

Posted: August 7, 2018

Rules Governing the State Bar – Comment Period Closed September 21, 2018

USB14-0503. Ethics and Discipline Committee. Amend. Increases the number of Committee vice chairs from three to four. Effective July 18, 2018 pursuant to 11-105(5) of the Utah Code of Judicial Administration.

Posted: August 7, 2018

Rules Governing Licensed Paralegal Practitioner – Comment Period Closed September 21, 2018

RGLPP15-0705. Known as the “grandfathering” rule because it describes the licensing requirements for Licensed Paralegal Practitioner applicants who have worked as paralegal for at least 7 years and therefore are exempt from the educational requirements for three years from the date the Bar begins to accept LPP licensure applications. Rule 15-705 is not yet effective and was previously published for comment. The LPP Steering Committee determined that LPP applicants seeking to meet the work experience requirements of the rule should be able to meet those requirements by being supervised by a Licensed Paralegal Practitioner. The current rule only allows supervision by a lawyer. The Steering Committee determined that LPP applicants in some regions of the State may not be able to meet the supervised work requirement if supervision by a lawyer is required. Supervision by an LPP will allow more applicants to obtain the work necessary for licensure.

Posted: June 27, 2018

Rules Governing the State Bar – Comment Period Closed August 11, 2018

USB14-0403. Proposed changes to the rule make the appointment and term durations for MCLE Board members consistent with the Rule 11-101 appointment and term durations for members of other Court committees. Effective June 20, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.