Posted: April 26, 2010
Rules of Professional Conduct
USBRPC 08.02. Judicial Officers. Amend. Prohibits knowingly making a false statement about the judicial system. Encourages lawyers to defend the judicial system.
The Advisory Committee on the Rules of Professional Conduct has withdrawn the proposed amendments to Rule 8.2 without submitting them to the Supreme Court.
Posted: April 26, 2010
Rules of Court-Annexed ADR
URCADR 0101. Conduct of mediation proceedings. Amend. Clarifies the meaning of “good faith” to assure that the ADR rules regarding the confidentiality of mediation-related activities and communications are consistent with the 1995 Utah ADR Act and the more explicit confidentiality requirements of the 2006 Utah Uniform Mediation Act. Eliminates the potential that a court might conclude that the present language of Rule 101 permits judicial examination into what occurred during the course of a mediation upon the complaint that a party failed to participate in the mediation in “good faith”. The intent is to assure that the mediation container is maintained except in the narrow circumstances described in the 2006 Utah Uniform Mediation Act.
URCADR 0103. Confidentiality in nonbinding ADR proceedings. Amend. Clarifies the meaning of “good faith” to assure that the ADR rules regarding the confidentiality of mediation-related activities and communications are consistent with the 1995 Utah ADR Act and the more explicit confidentiality requirements of the 2006 Utah Uniform Mediation Act. Eliminates the potential that a court might conclude that the present language of Rule 101 permits judicial examination into what occurred during the course of a mediation upon the complaint that a party failed to participate in the mediation in “good faith”. The intent is to assure that the mediation container is maintained except in the narrow circumstances described in the 2006 Utah Uniform Mediation Act.
Posted: April 26, 2010
Rules of Juvenile Procedure
URJP 018. Summons; service of process; notice. Amend. Describes how children and adults are to be named in juvenile court records.
Posted: April 26, 2010
Rules of Appellate Procedure
URAP 05. Discretionary appeals from interlocutory orders. Amend. The amendment states that petitions in criminal and juvenile delinquency cases shall be served on the Office of the Utah Attorney General.
URAP 23B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Amend. The amendment calculates the response time from the date of service and not the date of filing.
URAP 29. Oral argument. Amend. The amendments clarify the standards for continuing oral argument at the request of a party.
URAP 035. Petition for rehearing. Amend. Requires that a petition for rehearing include a copy of the decision. Effective June 1, 2010 under Rule 11-505. Subject to change after the comment period.
Supreme Court Order
Posted: April 26, 2010
Code of Judicial Administration
CJA 03-0101. Judicial nominating commissions. Repeal. Under HB 289, the Judicial Council no longer has authority for rules regulating Judicial Nominating Commissions.
CJA 04-0202.03. Records access. Amend. Resolve a conflict with URCP 107(a).
CJA 04-0801. Transfer of small claims cases. Amend. Require filing small claims cases in justice courts. Proposed effective date: September 1, 2010.
Posted: February 26, 2010
Rules of Criminal Procedure
URCrP 15A. Scientific, Lab, and Analytical Reports – When prosecution required to produce foundation and chain of custody witnesses. New. Describes when the prosecution is required to produce foundation and chain of custody witnesses. Effective February 26, 2010 under Rule 2-205. Subject to change after the comment period.
Supreme Court Order.
Posted: January 21, 2010
Rules of Civil Procedure
URCP 058B. Satisfaction of judgment. Amend. Simplify and clarify the process for entering a satisfaction of judgment. Provide the judgment debtor with a process to raise the issue.
URCP 064D. Writ of garnishment. Amend. Eliminate the requirement that the garnishee file answers to interrogatories with the court. Establishes deadline for hearing on objection to a writ.
URCP 064E. Writ of execution. Amend. Establishes deadline for hearing on objection to a writ.