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: 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

Code of Judicial Administration – Comment Period Closed July 8, 2016

CJA03-0104 Presiding judges. Amend. Affirms the authority of presiding judges to appoint senior judges to fill judicial vacancies for up to 14 judicial days without prior approval. Provides that if more than 14 judicial days of coverage is needed, the presiding judge will present to the State Court Administrator a plan for meeting the needs of the court and the budget needed to implement the plan. If any part of the plan is contested by the State Court Administrator, the plan will be reviewed by the Management Committee of the Judicial Council for final determination.

Posted: May 17, 2016

Rules of Appellate Procedure – Comment Period Closed July 1, 2016

URAP002 Adds Rule 14(a) to the list of rules that the court cannot suspend.

Posted: May 11, 2016

Rules of Appellate Procedure – Comment Period Closed June 25, 2016

URAP052 Describes the effect of post-trial motions in child welfare proceedings using language similar to Rule 4.

Posted: May 2, 2016

Code of Judicial Administration – Comment Period Closed June 16, 2016

CJA 11-201 Senior Judges. Amend. Provides that to be an active senior judge, a judge shall be both a current resident of Utah and be available to take cases.

Posted: April 26, 2016

Code of Judicial Administration – Comment Period Closed June 10, 2016

CJA 04-0401.03 Notice to Public of Recording. New. Establishes uniform standards and procedures for notifying the public when court proceedings are being recorded, consistent with Utah Code section 78A-2-208. Effective May 10, 2016 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.

Posted: April 5, 2016

Rules of Civil Procedure – Comment Period Closed May 20, 2016

Rule 004 The proposed amendment eliminates the authority to serve a defendant any time before trial, see St. Jeor v. Kerr Corporation, 2015 UT 49, ¶2. It also allows for and describes acceptance of the summons and complaint, which replaces the section on waiver of service, and it requires proof of service to include a copy of the summons.

Posted: March 17, 2016

Rules of Criminal Procedure – Comment Period Closed May 1, 2016

Rule 18 The proposed amendment replaces the current language on alternate jurors. The language is borrowed from the federal rules. The primary motivation behind the change is to eliminate the requirement that alternate jurors be discharged when the jury retires to deliberate.

Posted: March 17, 2016

Rules of Criminal Procedure – Comment Period Closed May 1, 2016

Rule 38 The proposed amendment creates a process for reinstating the time for appeal in justice courts, consistent with the principles in Manning v. State, 2004 UT App 87. The amendment creates deadlines for motions and subsequent notices of appeal.

Posted: March 4, 2016

Code of Judicial Administration – Comment Period Closed April 23, 2016

CJA 03-0403. Judicial branch education. Amend. Gives the Management Committee authority to excuse an active senior judge applying for reappointment from completing the annual 30 hour education requirement based on good cause. To be eligible, the senior judge must have completed at least 60 total education hours in the two years preceding the effective date of reappointment.

CJA 04-0202.02. Records classification. Amend. Classifies jail booking sheets and nonresident violator notices of compliance as private. Deletes language addressing appellate brief addenda as they are governed by other rules.

CJA 04-0404. Jury selection and service. Amend. Incorporates recent amendments to the statute regarding a juror’s term of service.

CJA 04-0903. Uniform custody evaluations. Amend. Clarifies the list of professionals who may perform custody evaluations. Eliminates the provision allowing two custody evaluators to be appointed if one party resides out of state. Adds additional factors for a custody evaluator to consider when conducting an evaluation.