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.
Posted: February 18, 2016
Appellate E-filing Rules — Comment Period Closed April 1, 2016
Summary of Amendments. The model for e-filing may change as the courts and lawyers gain experience, but the following points describe the main features of the model that we anticipate:
- As in the district court and in the juvenile court, e-filing in the appellate courts will be optional when it is available, with mandatory e-filing by lawyers about 2-4 months after that. The AOC will host e-filing. There will be no third-party service providers, as there are in district court.
- Self-represented parties will continue to file and serve documents by traditional means, but will be encouraged to e-mail them to the court and to the other parties.
- Printed courtesy copies of some briefs will be required. Otherwise only a digital file will be filed.
- As in the district court, e-filing a document has the effect of serving the document on other e-filers. Self-represented parties will have to serve and be served using traditional means, which will include email. Unlike URCP 5, service by email on a self-represented party will not require the party’s agreement.
- The transcriber will electronically file the transcript, as is now the case.
- The record in the review of an administrative agency will be assembled either as a digital or paper file, depending on the capability of the agency, and delivered to the appellate court.
- There will be no traditional assembly of the record on appeal from the district court or juvenile court nor an electronic equivalent of assembly into a single digital file. Exhibits offered or introduced as evidence and not electronically filed in the trial court will be sent to the appellate court in the traditional way.
- The digital records of the district court and juvenile court will be available to lawyers, self-represented parties and the courts through the courts’ e-filing systems. A digital file of assembled agency records will be available to lawyers, self-represented parties and the courts as a digital file. A paper file of assembled agency records will be checked out of the agency or the appellate court in the traditional manner. The court will print select portions of a digital file for a self-represented party upon request and a showing of need.
- Citations in briefs and other appellate filings to the trial court record will be by the number of the document in the trial court docket and the relevant page number within the document. The citation to the trial court record will be a link to the relevant page of the document. Citations to the record of an administrative agency’s digital or paper file will be by citation to the relevant Bates number or page number of the file. The IT department of the AOC has developed an application to simplify the process of creating links, and the application will be publicly available.
- A traditional signature on filings will be permitted but not required. The effective signature is the filer’s electronic signature, which is governed by Title 46, Chapter 4, Uniform Electronic Transactions Act. The filer’s electronic signature carries all of the representations and consequences of a traditional signature.
StandingOrder 08. As to establishment of a pilot program to require submission of electronic courtesy briefs to the Utah Supreme Court and the Utah Court of Appeals.
CJA 05-0201. Requests for enlargement of time by court recorders and transcribers. Amend.
URAP 003. Appeal as of right: how taken. Amend.
URAP 005. Discretionary appeals from interlocutory orders. Amend.
URAP 009. Docketing statement. Amend.
URAP 010. Motion for summary disposition. Amend.
URAP 011. The record on appeal. Amend.
URAP 012. Transmission of the record. Amend.
URAP 013. Notice of filing by clerk. Amend.
URAP 014. Review of administrative orders: how obtained; intervention. Amend.
URAP 016. The agency record on appeal. New.
URAP 019. Extraordinary writs. Amend.
URAP 020. Habeas corpus proceedings. Amend.
URAP 021. Filing and service. Amend.
URAP 021A. Hyperlinks. New.
URAP 022. Computation and enlargement of time. Amend.
URAP 023. Motions. Amend.
URAP 023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Amend.
URAP 023C. Motion for emergency relief. Amend.
URAP 024. Briefs. Amend.
URAP 025. Brief of an amicus curiae or guardian ad litem. Amend.
URAP 026. Filing and service of briefs. Amend.
URAP 027. Form of briefs. Amend.
URAP 029. Oral argument. Amend.
URAP 034. Award of costs. Amend.
URAP 035. Petition for rehearing. Amend.
URAP 036. Issuance of remittitur. Amend.
URAP 039. Duties of the clerk. Amend.
URAP 041. Certification of questions of law by United States courts. Amend.
URAP 042. Transfer of case from Supreme Court to Court of Appeals. Amend.
URAP 043. Certification by the Court of Appeals to the Supreme Court. Amend.
URAP 047. Transmission of record; joint and separate petitions; cross-petitions; parties. Amend.
URAP 048. Time for petitioning. Amend.
URAP 050. Brief in opposition; reply brief; brief of amicus curiae. Amend.
URAP 051. Disposition of petition for writ of certiorari. Amend.
URAP 053. Notice of appeal. Amend.
URAP 054. Transcript of proceedings. Amend.
URAP 055. Petition on appeal. Amend.
URAP 056. Response to petition on appeal. Amend.
URAP 057. Record on appeal; transmission of record. Amend.
URAP 058. Ruling. Amend.
URAP 059. Extensions of time. Amend.
URAP 060. Judicial bypass appeals. Amend.
Posted: January 29, 2016
Rules of Juvenile Procedure
URJP 029B. Hearings with remote conferencing from a different location. New. Provides that a judge, attorney, or party may appear by remote conferencing for certain delinquency hearings.
URJP 037B. Hearings with remote conferencing from a different location. New. Provides that a judge, attorney, or party may appear by remote conferencing for certain child welfare hearings.
Posted: January 29, 2016
Rules of Civil Procedure
URCP 013. Counterclaim and cross-claim. Amend. Deletes paragraphs (e), (i) and (j). Amending a pleading to add a counterclaim, regardless of the reason it was omitted, is properly governed by Rule 15. Adopts many of the grammar and style amendments of the federal rule.
URCP015. Amended and supplemental pleadings. Amend. Adopts the federal rule governing relation-back of an amended pleading when the amended pleading adds a new party. See Wright v. P.K. Transport, 2014 UT App 93. ¶¶ 18-22, Voros concurring. Requires that the proposed amended pleading be attached to the motion for permission to file an amended pleading. Adopts many of the grammar and style amendments of the federal rule.
URCP 026.03. Disclosure in unlawful detainer actions. New. Regulates disclosures in an action for eviction or damages arising out an unlawful detainer by a residential tenant.