Posted: April 3, 2012
Rules of Civil Procedure
URCP 005. Service and filing of pleadings and other papers. Amend. Requires a certificate of service appended to each document that has to be served. Permits the court to serve documents by email.
Posted: April 3, 2012
Rules of Criminal Procedure
URCrP 007. Proceedings before magistrate. Amend. Creates a process for review by the court when someone is arrested on a material witness warrant.
URCrP 029. Disability and disqualification of a judge or change of venue. Amend. Clarifies that a request to submit for decision is not required on a motion to disqualify. The amendment also states that other parties may not file a response to the motion.
Posted: April 3, 2012
Rules of Appellate Procedure
URAP 029. Oral argument. Amend. The proposed amendment will allow for oral argument if the court determines that oral argument will significantly aid the decisional process. The amendment reflects current court practice.
Posted: April 3, 2012
Code of Judicial Administration
CJA 03-0301. Court administrators. Amend. Modifies responsibilities to reflect duties.
CJA 03-0410. Automated information resource management. Amend. Modifies responsibilities to reflect duties.
CJA 04-0202.08. Fees for records, information, and services. Amend. Establishes a fee of $5.00 to email a document. Prohibits the court from emailing a document available on Xchange.
CJA 04-0501. Expedited jury trial. New. Implements the pilot program as directed by HB 349 (2011) and HB 204 (2012).
CJA 04-0502. Expedited procedures for resolving discovery issues. Renumber 10-1-306 and 10-1-406 and amend. Describes a process for resolving discovery disputes quickly to minimize the impact on time to complete discovery.
CJA 04-0503. Mandatory electronic filing. New. Requires that documents in district court civil cases be filed electronically effective January 1, 2013. Provides for exceptions.
Posted: December 2, 2011
Rules of Civil Procedure
URCP 025. Substitution of parties. Amend. Clarifies that the notice of hearing on a motion to substitute parties must be served with the motion if the hearing has been scheduled by the time the motion is served.
Posted: December 2, 2011
Rules of Criminal Procedure
URCrP 007. Proceedings before magistrate. Amend. Implements the Supreme Court’s decision in State v. Hernandez, 2011 UT 70, requiring preliminary hearings in class A misdemeanors.
URCrP 036. Withdrawal of counsel. Amend. Requires counsel to include in a motion to withdraw a certification that withdrawal is consistent with the rules of professional conduct.
Posted: December 2, 2011
Code of Judicial Administration
CJA 03-0414. Court security. Amend. Removes from the rule certain architectural features for court facilities. Transfers some responsibilities from the TCEs and the Judicial Council to the Court Security Director. Regulates access keys and cards. Prohibits demonstrations inside a courthouse. Technical amendments.
CJA 04-0510.01 Alternative dispute resolution definitions. Renumber and amend. Replaces paragraph (1) of Rule 4-510. Retains the same definition of terms.
CJA 04-0510.02 Responsibilities of the Director and Administrative Office of the Courts. Renumber and amend. Replaces paragraphs (2) and (4)(A) of Rule 4-510. Retains the same responsibilities for program administration.
CJA 04-0510.03. Qualification of ADR providers. Renumber and Amend. Replaces paragraph (3) of Rule 4-510. Retains the same qualifications for ADR providers.
CJA 04-0510.04. ADR training. Renumber and Amend. Replaces paragraph (4) of Rule 4-510. Retains the same training qualifications and requirements.
CJA 04-0510.05 Referral of civil actions. Renumber and amend. Replaces paragraphs (5) through (16) of Rule 4-510.Modifies how cases involved in ADR are handled. Eliminates the requirement to view the ADR video.
CJA 04-0510.06 Cases exempt from ADR rules. Renumber and amend. Replaces the “Applicability” section Rule 4-510. Identifies the casetypes excluded from the ADR rules.
CJA 04-0904. Informal trial of support, custody and parent-time. New. Provides for an optional informal trial in which the parties present their cases in narrative form with questions by the judge.
Posted: October 26, 2011
Rules of Evidence
Utah Rules of Evidence Style Revision Project. Consistent with the restyling of the Federal Rules of Evidence, the language of these rules has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.
Comments are due November 16, 2011. The supreme court has approved an abbreviated comment period so that if the amendments ultimately are approved, they can be effective December 1, the same day as their federal counterparts.