Utah Court Rules – Published for Comment – Page 33 – 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: January 26, 2017

Rules Governing the State Bar – Comment Period Closed March 10, 2017

USB 14-0110 Proposed changes to 14-110 allow inactive Bar members to serve of all Bar committees.

USB 14-0405 The changes to 14-405 clarify the rule that prohibits lawyers from switching from active to inactive and then back to active again within the same year in order to avoid MCLE compliance.

USB 14-0508 Proposed changes to Rule 14-508 requires lawyers who are administratively suspended for three years or more for failure to pay license fees to reapply for re-enrollment.

USB 14-0517 Proposed changes to 14-517(f) provide that a Bar a complaint against any lawyer employed by the Bar will be reviewed by the Ethics and Discipline Committee Chair or a special prosecutor rather than by the Office of Professional Conduct.

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

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

URAP024 – The proposed amendment substantially changes the organization and content of briefs. An important objective of the amendment is to present the party’s case in logical order, in measured increments, and without unnecessary repetition. The principal brief of each party must meet the same requirements.

URAP024A – The proposed amendment collects in one separate rule the briefing requirements in cross-appeals. The briefing requirements have also been clarified and simplified for ease of use.

Posted: October 20, 2016

Rules of Civil Procedure – Comment Period Closed December 4, 2016

URCP007 Pleadings allowed; motions, memoranda, hearings, orders. Amend. Returns pre-2015 paragraph (b)(2) language addressing limits on orders to show cause to new paragraph (q).

URCP065C Post-conviction relief. Amend. Expressly makes all records in the criminal case under review, including the records in an appeal of that conviction, part of the trial court record in the petition for post-conviction relief.

Posted: September 6, 2016

Code of Judicial Administration – Comment Period Closed October 21, 2016

CJA 04-202.02 Amend. Classifies court records associated with actions for disease testing as sealed.

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).