Posted: April 27, 2006
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.
Posted: April 27, 2006
Rules of Criminal Procedure
URCrP 15.5. Visual recording of statement or testimony of child victim or witness of sexual or physical abuse – Conditions of admissibility. Amend. The changes clarify the standards for when recorded child testimony may be used. The child must be available to testify at trial.
URCrP 29. Disability and disqualification of a judge or change of venue. Amend. Clarify that judge is to take no action in a case after a motion to recuse has been filed.
Posted: April 27, 2006
Rules of Evidence
URE 0407. Subsequent remedial measures. Amend. Amend to conform to the Federal rule.
Posted: April 27, 2006
Rules of Juvenile Procedure
URJP 16. Transfer of delinquency case for preliminary inquiry. Amend. Renumber according to Supreme Court protocol.
URJP 34. Pre-trial hearing in non-delinquency cases. Amend. Technical amendment.
URJP 37. Child protective orders. Amend. Technical amendment to conform to statute.
Posted: April 27, 2006
Code of Judicial Administration
CJA 03-406. Budget and fiscal management. Amend. Permit greater discretion in defining budget programs.
CJA 03-414. Court security. Amend. Permit private security agents transporting money to be armed. Approved effective April 24, 2006 as an expedited amendment under Rule 2-205. Subject to further change after the comment period.
CJA 04-404. Jury selection and service. Amend. Differentiates between excuse from jury service and postponement. Modifies the qualification process to enable qualifying on the web. Eliminates demographic information from the qualification questions. Deletes requirement that an excused juror be called in the next term.
CJA 06-303. Collection of fines and restitution. Amend. Corrects references from Office of Recovery Services and Department of Corrections to Office of State Debt Collection.
CJA Appx F. Record Retention Schedule. Amend. Retain search warrants not associated with a case for five years.
Posted: February 10, 2006
Rules of Evidence
URE 416. Violation of traffic code not admissible. New. Limits admissibility of violation of some traffic code provisions. Effective March 1, 2006. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after comment period.
Supreme Court Order.
Posted: October 6, 2005
Rules of Civil Procedure
URCP 004. Process. Amend. In conjunction with repealing Rule 71B, permit case to proceed against parties who are served.
URCP 006. Time Amend. Permit 3 additional days in which to respond if notice is served by mail, fax, or electronic service.
URCP 062. Stay of proceedings to enforce a judgment. Amend. Establishes an automatic 10-day stay on enforcing a judgment.
URCP 064C. Writ of attachment. Amend. Permits a writ of attachment when the writ is authorized by statute.
URCP 068. Offer of judgment. Amend. Changes name of rule to “Settlement offers.” Makes results of failure to improve bi-directional.
URCP 071A. Process in behalf of and against persons not parties. Renumber and Amend. In conjunction with repealing Rule 71B, renumber Rule 71A as Rule 71. Gender neutral text.
URCP 071B. Proceedings where parties not summoned. Repeal. Rule is contrary to due process.
Posted: October 6, 2005
Rules of Appellate Procedure
URAP 24. Briefs. Amend. The proposed amendment creates word and line limitations, in addition to a page limitation. Under the proposal, the principal brief would be either 30 pages, 14,000 words, or 1,300 lines of monospaced typeface. Another proposed amendment clarifies the process for seeking permission to file an over-length brief.
Posted: October 6, 2005
Code of Judicial Administration
CJA 03-414. Court security. Amend. Correct statutory references.
CJA 04-202.08. Fees for records, information, and services. Amend. Establishes the fee for delivery of documents by outgoing fax.
CJA 07-301. Intake. Amend. Delete erroneous reference to non-judicial adjustment as including a surcharge.
CJA 11-302. Admission pro hac vice. Amend. Exempts from the fee for admission pro hac vice attorneys representing the U.S. government and those representing indigent defendants on a pro bono basis.
CJA 11-304. Pro bono admission for law school faculty lawyers. New. Permits law school faculty member to perform pro bono legal services within this state. Establishes qualifications and procedures.