Posted: September 3, 2004
Utah Rules of Civil Procedure
URCP 051. Instructions to jury; objections. Amend. Permits the judge discretion to repeat earlier instructions as necessary.
URCP 073. Attorney fees. Amend. Requires a statement that attorney will not split fees in violation of Code of Professional Responsibility.
Posted: September 3, 2004
Utah Rules of Appellate Procedure
URAP 29. Oral argument. Amend. Limits the appellant’s reply argument to points made in the appellee’s argument.
URAP 48. Time for petitioning. Amend. Changes to 7 the number of copies to be filed on a petition for writ of certiorari.
URAP 50. Brief in opposition; reply brief; brief of amicus curiae. Amend. Changes to 7 the number of copies to be filed on a brief in opposition, reply brief and brief of amicus curiae.
Posted: September 3, 2004
Code of Judicial Administration
CJA 01-205. Standing and ad hoc committees. Amend. Establishes the Committee on Self-represented Parties.
CJA 03-111.03. Standards of judicial performance Amend. Eliminates possibility of lawyer with trial experience being removed from respondent pool due to too few total appearances.
CJA 03-115.Committee on self-represented parties. New. Identifies the responsibilities of the committee.
CJA 03-408.Inventory. Amend. Changes minimum value for mandatory inventory control from $500 to $1,000.
CJA 03-411. Grant management. Amend. Adds approval by the legislature for large federal grants.
CJA 03-413. Judicial library resources. Amend. Eliminate mandatory subscription to Utah Advance Reports, an equivalent email notification service being offered by the Supreme Court and Court of Appeals.
CJA 09-105. Justice Court hours Amend. Establishes 5-day operation as the standard for justice courts. Permits waiver by the Judicial Council
CJA 10-1-203. Designation of video arraignment areas as courtroom. Amend. Update references to video arraignment courtrooms in Second District Court.
Posted: June 22, 2004
Code of Judicial Administration
CJA 09-107. Justice Court Technology, Security, and Training Account. New. Establishes the process for allocation of funds from the Justice Court Technology, Security, and Training restricted account. Effective 24-May-04 under Rule 2-205 but subject to further amendment after comment period.
Posted: May 21, 2004
Rules of Civil Procedure
URCP 62. Stay of proceedings to enforce a judgment. Amend. Strikes from the rule the amendments made by HJR 16. Effective May 12, 2004 under Rule 11-101(6)(F). Subject to further change after comment period.
Posted: April 28, 2004
Code of Judicial Administration
CJA 3-403. Judicial branch education. Amend. Eliminates mandatory attendance at annual judicial conference.
CJA 9-103. Certification of education requirements. Amend. Amend to conform to statutes.
CJA 11-303. Special admission exception for military lawyers. New. Permits qualified military lawyers on active duty who reside, but are not licensed in Utah, to provide uncompensated limited legal services to military personnel and their dependents who suffer substantial financial hardship. Effective May 4, 2004 under Rule 11-101(6)(F). Subject to further change after comment period.
Posted: March 25, 2004
Rules of Criminal Procedure
URCrP 12. Motions. Amend. Describes the process for motions to suppress, including the contents of the motion and whether a written response is required.
URCrP 21A. Presentence investigation reports; Restitution. Renumber from URCrP 21.5 and amend. Changes designation of PSI report from “controlled” to “protected” to conform with statute.
URCrP 27. Stays pending appeal . Amend. Requires a party to serve the Attorney General when seeking a certificate of probable cause from appellate court in a felony case.
URCrP 38. Justice court appeals. Repeal and reenact. Repeals the existing rule and creates a different process for trial de novo. The most significant feature is that a justice court conviction will be automatically vacated upon the filing of a notice of appeal.
Posted: March 25, 2004
Rules of Civil Procedure
URCP 45. Subpoena. Amend. Correct reference to Rule 4 regarding methods of serving subpoena
URCP 47. Jurors. Amend. Conforms rule regulating conversing with jurors to caselaw.
URCP 56. Summary judgment. Amend. Corrects reference to URCP 7. Technical amendments.
URCP 63. Disability or disqualification of a judge. Amend. Advises the judge regarding voluntary recusal upon remand after reversal.
URCP 64. Writs in general. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64A. Prejudgment writs in general. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64B. Writ of replevin. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64C. Writ of attachment. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64D. Writ of garnishment. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64E. Writ of execution. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64F. Waiver of bond or undertaking. Repeal. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 66. Receivers. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 69. Execution and proceedings supplemental thereto. Repeal. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69A. Seizure of property. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69B. Sale of property; delivery of property. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69C. Redemption of real property after sale. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
Posted: March 2, 2004
Rules of Appellate Procedure
URAP 1. Scope of rules. Recognizes the new rules governing appeals in child welfare cases. Effective May 3, 2004.
URAP 2. Suspension of rules. Adds a reference to two of the new child welfare rules. Effective May 3, 2004.
URAP 11. The record on appeal. Requires the trial court to include any presentence investigation report as a part of the record on appeal, and clarifies the manner in which the record should be paginated.
URAP 12. Transmission of the record. Requires a certified court reporter to prepare and file a transcript index.
URAP 24. Briefs. Requires parties who are seeking attorney fees to explicitly state the basis for the request.
URAP 52. Child Welfare Appeals. A notice of appeal must be filed within 15 days from the order to be appealed. Cross-appeals must be filed within 15 days. Effective May 3, 2004.
URAP 53. Notice of Appeal. Describes the contents and service requirements of the notice of appeal. Effective May 3, 2004.
URAP 54. Transcript of Proceedings. Any necessary transcripts must be requested within 4 days after an appeal is filed. Effective May 3, 2004.
URAP 55. Petition on Appeal. The appellant must file a petition on appeal within 15 days from the notice of appeal. The rule describes the format and contents of the petition. Effective May 3, 2004.
URAP 56. Response to Petition on Appeal. A response to the petition on appeal must be filed with 15 days. Effective May 3, 2004.
URAP 57. Record on Appeal; transmission of record. Establishes what is considered to be the record on appeal and when it must be transmitted. Effective May 3, 2004.
URAP 58. Ruling. The court will issue a ruling based on the record on appeal, the petition, and the response, or the court can order that the case be fully briefed. Effective May 3, 2004.
URAP 59. Extensions of time. The rule describes the procedure and circumstances for extensions of time to file the appeal, the petition, or the response. Effective May 3, 2004.
Posted: March 2, 2004
Rules of Evidence
URE 608. Evidence of character and conduct of witness. Changes rule to be consistent with changes to the Federal Rule.
URE 803. Hearsay exceptions; availability of declarant immaterial. Transfers Rule 803(24) and Rule 804(b)(5) to a new Rule 807 to reflect changes to the Federal Rules of Evidence.
URE 804. Hearsay exceptions; declarant unavailable. Transfers Rule 803(24) and Rule 804(b)(5) to a new Rule 807 to reflect changes to the Federal Rules of Evidence.
URE 807. Other Exceptions. Transfers Rule 803(24) and Rule 804(b)(5) to a new Rule 807 to reflect changes to the Federal Rules of Evidence.