Utah Court Rules – Published for Comment – Page 49 – 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: February 23, 2009

Rules Governing the Utah State Bar

USB 14-0510. Prosecution and appeals. Amend. The proposed amendments provide a right of appeal from an informal disciplinary proceeding, specify the rights of the complainant and respondent at the screening panel proceeding, and detail the exceptions and appeal procedures.

Posted: February 23, 2009

Rules of Evidence

URE 0701. Opinion testimony by lay witnesses. Amend. Adds to the required grounds for opinion testimony by a lay witness that the opinion is not based on specialized knowledge within the scope of Rule 702.
URE 0703 Bases of opinion testimony by experts. Amend. Prohibits inadmissible data used to form an expert opinion from being disclosed to the jury unless the probative value substantially outweighs the prejudicial effect.

Posted: February 23, 2009

Rules of Civil Procedure

URCP 076. Notice of contact information change. New. Requires attorneys and parties to inform the court of changes to contact information.

Posted: January 7, 2009

Rules Governing the Utah State Bar

Petition. Petition to shorten voting period for commission elections from 30 to 15 days.
USB 14-0205. Board. Exhibit A.
USB 14-0206. Officers. Exhibit B.

Posted: January 5, 2009

Rules Governing the Utah State Bar

Petition. Petition to modify rules governing mandatory continuing legal education. To adjust the MCLE compliance periods to conform to the Utah State Bar’s licensing renewal periods.
USB 14-0404. Active status lawyers: MCLE, NLTP and admission on motion requirements. Amend. Approved effective January 1, 2009 as an expedited amendment under Rule 11-101(6)(F). Subject to change after the comment period.
USB 14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. Amend. Approved effective January 1, 2009 as an expedited amendment under Rule 11-101(6)(F). Subject to change after the comment period.
Supreme Court Order

Posted: January 5, 2009

Rules Governing the Utah State Bar

Petition. Petition to modify bar rules relating to the offices of president and president-elect. Standardize the requirements for a Commissioner to vacate his or her unexpired term when succeeding to the office of President. Provide for the event that the Commission is unable to nominate two candidates for the office of President-elect to run in a contested election.
USB 14-0103. Organization and management of the Bar. Amend. Exhibit 1.
USB 14-0205. Board. Amend. Exhibit 2.
Exhibit 3.
Exhibit 4.
Exhibit 5.
USB 14-0206. Officers. Amend. Exhibit 6.

Posted: January 5, 2009

Rules of Civil Procedure

URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner’s order. Amend. Move process for objecting to a commissioner’s recommendation from Rule 7 to Rule 101.
URCP 101. Motion practice before court commissioners. Amend. Move process for objecting to a commissioner’s recommendation from Rule 7 to Rule 101.

Posted: January 5, 2009

Rules of Appellate Procedure

URAP 19. Extraordinary writs. Amend. The amendment will require a petitioner seeking extraordinary relief to state whether interlocutory appeal was sought, and if so, the results of the petition.
URAP 25. Brief of an amicus curiae or guardian ad litem. Amend. The proposal establishes specific deadlines for filing a brief of an amicus curiae.
URAP 37. Suggestion of mootness; voluntary dismissal. Amend. The amendments clarify that a suggestion of mootness should be filed only when one or more, but less than all, of the issues have become moot. If all the issues are moot, a motion for voluntary dismissal must be filed. The amendments also establish a pr
URAP 38. Substitution of counsel. Amend. The amendments clarify the process for substituting a party when a party becomes incompetent or for other causes.
URAP 49. Petition for writ of certiorari. Amend. A petition of writ of certiorari shall include references to the record on appeal or to the opinion of the Court Appeals, rather than referring to both sources.
URAP 50. Brief in opposition; reply brief; brief of an amicus curiae. Amend. The proposal establishes a more detailed process for submitting a proposed amicus brief, including the contents of the brief and deadlines.

Posted: October 29, 2008

Code of Judicial Conduct

CJC Canons Amend. The Utah Supreme Court is considering wholesale changes to the Utah Code of Judicial Conduct. The changes are based on the new ABA Model Code of Judicial Conduct, which was issued in 2007. The ABA Model Code is based on the previous Model Code, but the format is different and there are many new and deleted provisions. The draft document shows the variations from the 2007 Model Code that Utah is considering.

Posted: October 29, 2008

Code of Judicial Administration

CJA 04-202.02. Records classification. Amend. Classifies as private the records in guardianship and conservatorship cases, except the order and letter of appointment. Classifies as private the records in guardianship and conservatorship cases, except the order and letter of appointment. Classifies some select data elements as public or private. This rule is being published for comment a second time, after amendments made in response to earlier comments. The further changes are highlighted in yellow.
CJA 04-202.03. Records access. Amend. Permit access to juvenile court records by the Department of Human Services.
CJA 04-202.09. Miscellaneous. Amend. Prohibits including non-public information in an otherwise public document. Specifies substitutes for personal identifying information.This rule is being published for comment a second time, after amendments made in response to earlier comments. The further changes are highlighted in yellow.