Continue Reading
Continue Reading

Code of Judicial Administration

CJA 02-0104. Recording meetings. Amend. Modify provisions about Judicial Council audio record and minutes to conform to amendments to the Open and Public Meetings Act.
CJA 04-0202.02 Record classification. Amend Classifies business address, phone and email of a non-party as a public record. Residential and personal information of a non-party would remain private. Effective May 27, 2009 under Rule 2-205. Subject to change after the comment period.
CJA 04-0409. Council approval of Problem Solving Courts. Amend. Delete reference to repealed section of the Utah Code.
CJA 04-0701. Failure to appear. Amend. Conforming to HB 292, eliminates the requirement for a criminal information before issuing a warrant for failure to appear in an infraction.
CJA 04-0906. Guardian ad litem program. Amend. Provides that the Guardian ad Litem Oversight Committee appoints the director.

Continue Reading

Rules Governing the Utah State Bar

Petition to refine definition of lawyers “active under 3” licensing status. Specify that to qualify for the “active, under 3 years” category means to have practiced less than 3 years in any jurisdiction.
Exhibit 1.
Exhibit 2. USB14-0203.License categories.
Petition to amend RLDD 14-507 to provide mandatory collection of lawyers’ email addresses. Require the Bar to collect, maintain and have ready access to a lawyer’s e-mail address. Lawyer could still designate the e-mail address as private.
Exhibit 1.
Exhibit 2.
Exhibit 3. USB14-0507.Roster of lawyers and current record information.

Continue Reading

Audio Records of Hearings; Transcripts

The Judicial Council proposes the following amendments to the Code of Judicial Administration as part of its responsibility under Section 78A-2-405 to govern the manner in which the courts maintain the verbatim record of hearings. The Supreme Court proposes the following amendments to the Rules of Civil and Appellate Procedure governing the preparation of transcripts.
CJA 04-201. Record of proceedings. Amend. Eliminate requirements and standards for recording a court hearing by an official court reporter. Rely exclusively on audio video records.
CJA 03-305. Official court transcribers. Renumber and amend. Eliminate provisions for assignment of transcript preparation. Renumber as 5-202.
CJA 03-304. Official court reporters. Renumber and amend. Eliminate provisions regulating the office of official court reporter. Retain transcript format. Renumber as 5-203.
CJA 03-304.01. Substitute certified shorthand reporters. Repeal. Eliminate provisions for a substitute shorthand reporter.
URAP 11. The record on appeal. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court executive.
URAP 12. Transmission of the record. Amend. Shifts responsibilities from the official court reporter to a court transcriber.
URAP 54. Transcript of proceedings. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court clerk.
URCP 052. Findings by the court; correction of the record. Amend. Establishes a procedure for correcting the record of a hearing.

Continue Reading

Code of Judicial Administration

CJA 03-102. Assumption of judicial office. Amend. Make applicable to judges of courts of record and not of record.
CJA 03-306. Court Interpreters. Repeal and Reenact. Clarifies the standards for appointing a certified, approved or conditionally approved interpreter. Improves the initial training requirements. Adds Guardianship and Conservatorship appointments to cases requiring a certified interpreter. Identifies the discipline process. Simplifies translation of forms. Permits hiring an interpreter as an employee.
CJA 04-801. Filing of small claims cases. Amend. Provide that the district court redirect small claims plaintiffs to justice court.

Continue Reading

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.

Continue Reading

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.

Continue Reading
Continue Reading
Continue Reading