Rules of Appellate Procedure

URAP 55. Petition on appeal. Amend. Specifically describes the format of a petition for appeal in child welfare matters. The amendments incorporate specific provisions from Rule 27. Proposed effective date: November 1, 2007.

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Code of Judicial Administration

CJA 02-103. Open and closed meetings. Amend. Amend Council rules to incorporate changes to the Open and Public Meetings Act.
CJA 02-104. Recording meetings. Amend. Amend Council rules to incorporate changes to the Open and Public Meetings Act.
CJA 04-202.08 Fees for records, information, and services. Amend. Reduces to cost per Xchange search after 200 searches from $.20 to $.10. Effective August 1, 2006. Approved as an expedited amendment under Rule 2-205. Subject to further change after the comment period.
CJA 04-403. Signature stamp use. Amend. Permits a clerk to use the judge’s signature stamp to approve an order accepting a plea in abeyance if no appearance is required by the Uniform Fine and Bail Schedule.
CJA 04-510. Alternative dispute resolution. Amend. The amendments will modify the training and experience necessary to qualify for the Utah State Roster of ADR Providers and to serve as a provider in divorce mediation. The amendments will provide for sanctions other than removal from the roster. The Uniform Mediation Act is added to the required reading for qualified training programs.
CJA 04-704. Authority of court clerks to extend payment schedule and dismiss citations. Amend. Changes from 14 days to 20 the time in which a clerk may dismiss charges for an automotive mechanical deficiency after the deficiency has been corrected.

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Rules of Civil Procedure

URCP 005. Service and filing of pleadings and other papers. Amend. Describes when the attorney and party must be served if the attorney has entered a limited appearance.
URCP 017. Parties plaintiff and defendant. Amend. Limits the requirement that a minor appear by a guardian or guardian ad litem to an unemancipated minor.
URCP 074. Withdrawal of counsel. Amend. Establishes the procedures for withdrawing from a limited appearance.
URCP 075. Limited appearance. New. Establishes the procedures for entering a limited appearance when a client, under the rules permitting unbundling legal services, hires an attorney for a limited purpose.

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Rules of Appellate Procedure

URAP 12. Transmission of the record. Amend. Creates a process for counsel in civil cases to check out the record from the trial court.
URAP 28A. Appellate Mediation Office. Amend. Restricts disclosure of all mediation communications and documents, except the written agreement.
URAP 30. Decision of the court: dismissal; notice of decision. Amend. States that copies of unpublished decisions need not be supplied, unless the decision was issued before October 1, 1998.
URAP 55. Petition on appeal. Amend. Clarifies that a colored cover isn’t used in child welfare appeals.

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Rules of Professional Conduct

USB RPC01-12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral. Amend. Amendment in conjunction with changes to RPC 2-4.
USB RPC02-04. Lawyer Serving as Third-Party Neutral. Amend. Provides what a lawyer serving as a mediator may and must do.

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Recodification of Rules Governing the Utah State Bar

Recodification Tracking Table. Renumbers all of the rules governing the Utah State Bar to conform with other Court rules. Amendments are intended to simplify and conform provisions without changing the substance of the existing rules. The summary table tracks the current rules into the renumbered rules and lists the new rule numbers and titles.
USB 14-0101 et seq. Integration and Management. Renumber and amend.
USB 14-0201 et seq. Bylaws. Renumber and amend.
USB 14-0301 et seq. Standards of Professionalism and Civility. Renumber and amend.
USB 14-0401 et seq. Mandatory Continuing Legal Education. Renumber and amend.
USB 14-0501 et seq. Lawyer Discipline and Disability. Renumber and amend.
USB 14-0601 et seq. Standards for Imposing Lawyer Sanctions. Renumber and amend.
USB 14-0701 et seq. Admissions. Renumber and amend.
USB 14-0801 et seq. Special Practice Rules. Renumber and amend.
USB 14-0901 et seq. Lawyers’ Fund for Client Protection. Renumber and amend.
USB 14-1001 et seq. IOLTA. Renumber and amend.
USB 14-1101 et seq. Fee Arbitration. Renumber and amend.

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Bypass of Parental Consent

Rule of Juvenile Procedure
URJP 60. Judicial bypass procedure to authorize minor to consent to an abortion. New. Establishes an expedited procedure by which a minor can petition to bypass parental consent to an abortion. Further amendments approved by the Supreme Court shown by redline effective May 10, 2006. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Rule of Appellate Procedure
URAP 60. Judicial bypass appeals. New. Establishes an expedited procedure by which a minor can appeal denial or dismissal of a petition to bypass parental consent to an abortion. Effective May 1, 2006. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.

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Rules of Appellate Procedure

URAP 04. Appeal as of right: when taken. Amend. Creates a procedure to implement the directive in State v. Manning, 2005 UT 61, 122 P.3d 628. allowing a criminal defendant to have appeal rights reinstated, when the defendant has been deprived of the an appeal.
URAP 24. Briefs. Amend. Clarifies the briefs that are to be filed and the number of pages permitted in cases involving cross-appeals. A singled brief may not exceed 50 pages, and the combined total of a party’s two briefs may not exceed 75 pages.

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Rules of Civil Procedure

URCP 045. Subpoena. Amend. Require person scheduling deposition to give advance notice before serving subpoena. Permit person serving subpoena rather than recipient to decide whether records should be copied and delivered or delivered for inspection and copying. Requires advance payment of costs upon request. Clarifies the grounds and procedures for objecting to a subpoena. Requires declaration under penalty of perjury to accompany documents produced under a subpoena. Delete committee note.
URCP Form 40. Subpoena. Repeal & Reenact. Subpoena, Notice of Rights, Objection, Declaration of compliance.
URCP 063. Disability or disqualification of a judge. Amend. Clarify that judge is to take no action in a case after a motion to recuse has been filed.
URCP 074. Withdrawal of counsel. Amend. Requires judicial consent for withdrawal if a hearing has been set.

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