Posted: June 24, 2014
Rules of Appellate Procedure
URAP 004. Appeal as of right; when taken. Amend. Clarifies the process for filing a motion for extension of time to file a notice of appeal based on good cause or based on good cause or excusable neglect.
URAP 021. Filing and service. Amend. Outlines the certifications an individual makes when filing papers in the appellate court.
URAP 021A. Appellate filings containing other than public information and records. New. Creates a new rule addressing the process for making appellate filings that contain information and records classified as other than public under Utah law.
URAP 048. Time for petitioning. Amend. Clarifies the process for filing a motion for extension of time to file a petition for writ of certiorari based on good cause or based on good cause or excusable neglect.
URAP 055. Petition on appeal. Amend. Requires that petitions on appeal comply with rule 21A.
URAP 056. Response to petition on appeal. Amend. Requires that responses to petitions on appeal comply with rule 21A.
Posted: June 24, 2014
Code of Judicial Administration
CJA 03-0111. Performance evaluation of senior judges and court commissioners. Amend. Requires a presiding judge to evaluate a senior judge’s performance every 18 months after the first term and a commissioner’s performance annually. Changes the evaluation criteria to more closely match the JPEC criteria.
CJA 03-0201. Court commissioners. Amend. Requires a court commissioner to undergo a performance evaluation annually.
CJA 04-0405. Juror and witness fees and expenses. Amend. Makes an attorney issuing the subpoena responsible for reimbursing a civil witness for necessary and reasonable parking expenses as required by statute.
CJA 04-0907. Divorce education and divorce orientation courses. Amend. Provides an option to take the divorce orientation course online, and reflects changes to the fees for the course as required by statute.
CJA 11-0201. Senior judges. Amend. Establishes a residency requirement. Requires a senior judge to undergo a performance evaluation every 18 months after a first term.
CJA 11-0203. Senior justice court judges. Amend. Establishes a residency requirement. Requires a senior justic court judge to undergo a performance evaluation every 18 months after a first term.
Posted: May 27, 2014
Rules of Appellate Procedure
URAP 035. Petition for rehearing. Amend. Outlines the circumstances under which a petition for rehearing may be filed. Separates parts of the rule into separate subparagraphs. Provides the color for covers of petitions and responses filed under this rule.
URAP 038B. Qualifications for appointed appellate counsel. Amend. Requires that appointed appellate counsel represent a client through the first right of appeal.
URAP 047. Certification and transmission of record; joint and separate petitions; cross-petitions; parties. Rename and amend. Removes the requirement for certification of the record. Provides that the Clerk of the Supreme Court shall notify the Clerk of the Court of Appeals to transmit the record on appeal to the Supreme Court when a petition for certiorari has been granted.
Posted: May 27, 2014
Rules of Criminal Procedure
URCrP 007. Proceedings before magistrate. Amend. Changes the time for probable cause from 48 hours to 24 hours after the arrest. Requires that the magistrate release the arrestee after 24 hours unless the officer is able to establish that the delay was caused by a bona fide emergency or other extraordinary circumstances.
URCrP 038. Appeals from justice court to district court. Amend. Eliminates the requirement that the court transmit a certified copy of the appeal packet to the district court as notification will occur electronically. Creates a standard for reinstating a dismissed appeal. Clarifies that a motion to reinstate the appeal may be made within a reasonable time after dismissal.
URCrP 040. Search warrants. Amend. Conforms the rule to HB 70 by incorporating the standards of probable cuase and a reasonable belief that harm may occur.
Posted: April 29, 2014
Code of Judicial Administration
CJA 03-0306. Language access in the courts. Amend. Removes the Registered II designation, so that there is only one Registered level for court interpreters, rather than two. Makes minor technical changes.
CJA 04-0401.01. Electronic media coverage of court proceedings. Amend. Changes the definition of news reporter, removes the presumption of electronic media coverage in cases classified as private, and adds a factor for judges to consider when determining whether the presumption has been overcome. Effective April 28, 2014 under CJA 2-205. Subject to change after the comment period.
CJA 04-0902. Limited scope investigation of domestic issues. New. Provides a process for the court to appoint a custody evaluator to investigate select issues in a domestic case than completing a full custody evaluation.
Posted: April 11, 2014
Rules of Appellate Procedure
URAP 001. Scope of rules. Amend. Makes technical changes and clarifies which appellate rules apply in child welfare proceedings.
URAP 025. Brief of amicus curiae or guardian ad litem. Amend. Makes technical changes and clarifies that the deadline for filing a motion for leave to file a brief of amicus curiae or guardian ad litem does not apply when a motion for leave is filed under URAP 50(f).
URAP 027. Form of briefs. Rename and amend. Amends the rule so that paragraphs (a) through (e) also apply to petitions for writ of certiorari and petitions for rehearing.
Posted: April 11, 2014
Rules of Civil Procedure
URCP 005. Service and filing of pleadings and other papers. Amend. Eliminates service by fax. Eliminates the requirement that a party must agree to service by email. Describes how to file an affidavit or declaration, given the requirements of e-filing. Makes numerous amendments intended to simplify the text.
URCP 030. Depositions upon oral questions. Amend. Deletes an incorrect reference to appellate transcripts of court hearings as the method for preparing a transcript of a deposition.
URCP 037. Discovery and disclosure motions; Sanctions. Amend. Replaces traditional discovery motions with the process of expedited statements of discovery issues currently found in Code of Judicial Administration Rule 4-502. If approved, the procedural provisions of Rule 4-502 will be deleted. Allows costs and attorney’s fees to be included as part of a statement of discovery issues, but requires a motion for sanctions.
Posted: March 17, 2014
Code of Judicial Administration
CJA 03-0306. Language access in the courts. Amend. Adds a Utah residency requirement for interpreters seeking to be credentialed as court-certified interpreters.
CJA 04-0202.02. Records classification. Amend. Classifies records from cases involving minors seeking judicial consent for abortion as sealed.
CJA 04-0405. Juror and witness fees and expenses. Amend. Increases the rate for jury snacks and breaks from $3.00 to $4.00 in accordance with the state rate.
CJA 04-0906. Guardian ad litem program. Amend. Allows the Office of Guardian ad Litem to remove a private guardian ad litem who has not met the continuing education requirements from their case assignment roster.