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Posted: May 3, 2005

Utah Rules of Evidence

URE 702. Testimony by experts. Repeal and Reenact. Adopts for Utah the federal rule of evidence governing testimony by expert witnesses.

Posted: April 25, 2005

IOLTA Rules

IOLTA Program Rules. New. Petition to Supreme Court to adopt a new rule governing the IOLTA program. Draft rule attached. Effective upon approval by the Supreme Court.

Posted: April 5, 2005

The Ethics 2000 Commission was created by the American Bar Association to review and amend the Model Rules of Professional Conduct. The Ethics 2000 Commission ‘s revisions to the ABA Model Rules were completed in August 2003. The Utah Supreme Court requested its Advisory Committee on the Rules of Professional Conduct to consider the Ethics 2000 revisions and recommend which amendments, if any, should be made to the Utah Rules of Professional Conduct. The rules listed below include the Ethics 2000 revisions to the Utah Rules of Professional Conduct recommended by the court’s advisory committee. The Ethics 2000 revisions to the ABA Model Rules and explanations regarding the changes can be found at www.abanet.org/cpr/ethics2k.html.
Rules of Professional Conduct – All
RPC 00.00. Preamble: A Lawyer’s Responsibilities. Amend.
RPC 01.00. Terminology. Amend.
RPC 01.01. Competence. Amend.
RPC 01.02. Scope of Representation and Allocation of Authority Between Client and Lawyer. Amend.
RPC 01.03. Diligence. Amend.
RPC 01.04. Communication. Amend.
RPC 01.05. Fees. Amend.
RPC 01.06. Confidentiality of Information Amend.
RPC 01.07. Conflict of Interest: Current Clients. Amend.
RPC 01.08. Conflict of Interest: Current Clients: Specific Rules. Amend.
RPC 01.09. Duties to Former Clients Amend.
RPC 01.10. Imputation of Conflicts of Interest: General Rule. Amend.
RPC 01.11. Special Conflicts of Interest for Former and Current Government Employees. Amend.
RPC 01.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral. Amend.
RPC 01.13. Organization as a Client. Amend.
RPC 01.14. Client with Diminished Capacity. Amend.
RPC 01.15. Safekeeping Property. Amend.
RPC 01.17. Sale of Law Practice. Amend.
RPC 01.18. Duties to Prospective Client. New.
RPC 02.01. Advisor. Amend.
RPC 02.02. Intermediary. Repealed.
RPC 02.03. Evaluation for Use by Third Persons. Amend.
RPC 02.04. Lawyer Serving as Third-Party Neutral. New.
RPC 03.01. Meritorious Claims and Contentions. Amend.
RPC 03.02. Expediting Litigation. Amend.
RPC 03.03. Candor Toward the Tribunal. Amend.
RPC 03.04. Fairness to Opposing Party and Counsel. Amend.
RPC 03.05. Impartiality and Decorum of the Tribunal. Amend.
RPC 03.06. Trial Publicity. Amend.
RPC 03.07. Lawyer as Witness. Amend.
RPC 03.08. Special Responsibilities of a Prosecutor. Amend.
RPC 03.09. Advocate in Nonadjudicative Proceedings. Amend.
RPC 04.01. Truthfulness in Statements to Others. Amend.
RPC 04.02. Communication with Persons Represented by Counsel. Amend.
RPC 04.03. Dealing with Unrepresented Person. Amend.
RPC 04.04. Respect for Rights of Third Persons. Amend.
RPC 05.01. Responsibilities of Partners, Managers, and Supervisory Lawyers. Amend.
RPC 05.02. Responsibilities of a Subordinate Lawyer. Amend.
RPC 05.03. Responsibilities Regarding Nonlawyer Assistants. Amend.
RPC 05.04. Professional Independence of a Lawyer. Amend.
RPC 05.05. Unauthorized Practice of Law; Multijurisdictional Practice of Law. Repeal & Reenact.
RPC 05.06. Restrictions on Right to Practice. Amend.
RPC 05.07. Responsibilities Regarding Law-Related Services. New.
RPC 06.01. Voluntary Pro Bono Legal Service. Amend.
RPC 06.02. Accepting Appointments. Amend.
RPC 06.03. Membership in Legal Services Organization. Amend.
RPC 06.04. Law Reform Activities Affecting Client Interests. Amend.
RPC 06.05. Nonprofit and Court-Annexed Limited Legal Services Programs. New.
RPC 07.01. Communications Concerning a Lawyer’s Services. Amend.
RPC 07.02. Advertising. Amend.
RPC 07.03. Direct Contact with Prospective Clients. Amend.
RPC 07.04. Communication of Fields of Practice. Amend.
RPC 07.05. Firm Names and Letterheads. Amend.
RPC 08.01. Bar Admission and Disciplinary Matters. Amend.
RPC 08.02. Judicial Officials. Amend.
RPC 08.03. Reporting Professional Misconduct. Amend.
RPC 08.04. Misconduct. Amend.
RPC 08.05. Disciplinary Authority; Choice of Law. Repeal & Reenact.

Posted: April 5, 2005

Utah Rules of Appellate Procedure

URAP 04. Appeal as of right: when taken. Amend. The proposed amendments are intended to clarify the status of a notice of appeal filed while certain motions are pending. The notice of appeal will be effective as of the date the motion is resolved, but will only be effective for the underlying judgment
URAP 08A. Emergency relief. New. Creates a new rule to establish a process for managing requests for emergency relief.
URAP 09. Docketing statement. Amend. Contains a technical change to reflect a legislative amendment requiring a motion to withdraw a guilty plea to be made before sentencing.
URAP 11. The record on appeal. Amend. Eliminates the option of a compressed format transcript.
URAP 12. Transmission of the record. Amend. Eliminates the option for a compressed format. Also includes language requiring the clerk transmit the record in post-conviction cases.
URAP 19. Extraordinary writs. Amend. Clarifies the process for resolving petitions for extraordinary relief, and references Rule 8A for other requests for emergency relief. Clarifies that the court?s decision will be based on the petition and the response, unless briefing is requested by the court.
URAP 30. Decision of the court: dismissal; notice of decision. Amend. Technical change.

Posted: April 5, 2005

Utah Rules of Civil Procedure

URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner’s order. Amend. Prohibits orders embedded in other documents unless permitted by the court.
URCP 047. Jurors. Amend. Clarifies situations in which multiple parties share peremptory challenges.
URCP 101. Motion practice before court commissioners. New. Establishes procedures for motions to a court commissioner.
URCP 106. Modification of divorce decrees. Amend. Describes conditions in which the court may enter a temporary order in an action to modify a divorce decree.

Posted: April 5, 2005

Utah Rules of Criminal Procedure

URCrP 11. Pleas. Amend. Clarifies that a judge may approve or reject an agreement to reduce or dismiss charges.
URCrP 12. Motions. Amend. There are two proposed amendments. The first states that a party may submit a written request to submit for decision, but may also otherwise bring a motion to the attention of the court. The second states that a motion challenging jurisdiction must be raised at least five days trial to trial, unless good cause is shown.
URCrP 24. Motion for new trial. Amend. Clarifies the time within which a motion for new trial must be filed, and that an extension must be obtained prior to the expiration of the original period.
URCrP 27. Stays pending appeal. Amend. Clarifies that an appeal of a probable cause denial is to the court where the notice of appeal is transmitted.
URCrP 29A. Change of judge as a matter of right. Amend. Changes the time within which a notice of change must be filed. The time is tied to either assignment after bindover or rejection of a proposed disposition.

Posted: April 5, 2005

Utah Rules of Juvenile Procedure

URJP 08. Rights of minor while in detention. Amend. Technical changes.
URJP 29A. Visual recording of statement or testimony of child victim or witness of sexual or physical abuse – Conditions of admissibility. Amend. Deletes advisory committee note. Conforms paragraph numbering to other Supreme Court rules.
URJP 37A. Visual recording of statement or testimony of child in abuse, neglect and dependency proceedings – Conditions of admissibility. Amend. Deletes advisory committee note. Conforms paragraph numbering to other Supreme Court rules.

Posted: April 5, 2005

Utah Rules of Small Claims Procedure

URSCP 09. Default judgment. Amend. Specifies that notice of the default judgment must be served immediately.

Posted: April 5, 2005

Code of Judicial Administration

CJA 01-201. Membership – Election. Amend. Prohibits more than 2 successive terms on the Judicial Council.
CJA 01-204. Executive committees. Amend. Requires new committee chairs at least every 2 years.
CJA 02-205. Emergency rulemaking procedures. Amend. Changes title to “expedited” rulemaking procedures.
CJA 03-102. Assumption of judicial office. Amend. Deletes requirement for inventory of personal property.
CJA 03-104. Presiding judges. Amend. Technical change to conform to other rules.
CJA 03-306. Court interpreters. Amend. Establishes the duties of the Court Interpreter Committee.
CJA 03-412. Procurement of goods and services. Amend. Changes references to statutes.
CJA 04-206. Exhibits. Amend. Changes requirements for record keeping and destruction.
CJA 04-408. Locations of trial courts of record. Amend. Recognizes West Jordan as a trial court location. Eliminates Sandy and West Valley.
CJA 04-408.01. Responsibility for administration of trial courts. Amend. Designate Kanab as a district court site for which the state contracts with the county.
CJA 07-304. Probation supervision. Amend. Adopts the probation risk assessment and restorative justice models for supervision of juveniles.
CJA 11-101. Supreme Court’s rulemaking process. Amend. Changes title of subsection to “expedited” rulemaking procedures.
CJA 11-201. Senior judges. Amend. Permits senior judges to be active senior judges with an annual evaluation. Establishes a uniform reappointment date.
CJA 11-203. Senior justice court judges. Amend. Permits senior judges to be active senior judges with an annual evaluation. Establishes a uniform reappointment date.
CJA Appendix F. Records retention schedule Amend. Reduces retention period for civil judgments of money only. Treats alcohol related convictions the same as DUI conviction. Technical amendments.

Posted: March 4, 2005

Code of Judicial Administration

CJA 01-205. Standing and ad hoc committees. Amend. Recognizes the court interpreter advisory panel as a standing committee. Establishes the Guardian ad Litem Oversight Committee. Establishes sunset dates for all standing committees. Approved effective February 28, 2005 as an expedited amendment under Rule1-205. Subject to further change after the comment period.
CJA 04-906. Guardian ad litem program. Amend. Describes the duties of the Guardian ad Litem Oversight Committee. Establishes procedures for complaints against guardian ad litem attorneys and staff. Approved effective February 28, 2005 as an expedited amendment under Rule1-205. Subject to further change after the comment period.