Posted: June 26, 2023
Code of Judicial Administration – Comment Period Closed August 10, 2023
CJA04-0202.11. Vexatious record requester (NEW). New proposed rule establishing a process whereby an administrative unit in the judicial branch can petition for relief from a person the administrative unit believes to be a vexatious records requester. The rule is in response to S.B. 231 and 63G-2-702(5) passed during the 2023 legislative session.
Posted: June 14, 2023
Rules of Juvenile Procedure – Comment Period Closed July 29, 2023
URJP022. Initial appearance and preliminary examination in cases under Utah Code section 80-6-503. Amend. The proposed amendments to Rule 22 include: (1) adding reference to Utah Code section 80-6-504 to the title; (2) changing the term “preliminary examination” to “preliminary hearing;” (3) in paragraph (f), adding reference to subsection (3) of 80-6-504; (4) in paragraph (g), clarifying timelines for scheduling preliminary hearings based on whether a youth is in custody, removing reference to Utah Code section 80-6-503, and moving the language allowing extension to time periods to the end of the paragraph; (5) replacing the language in paragraph (h) and making reference to 80-6-504(11); (6) removing specific probable cause language in paragraph (j) and making reference to 80-6-504(2)(a) and 80-6-503(3) instead; and, (7) adding “may” to the second clause of paragraph (k) to mirror the language of Rule 7B of the Utah Rules of Criminal Procedure. Lastly, the changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.
Posted: May 17, 2023
Rules of Evidence – Comment Period Closed July 1, 2023
URE0101. Scope; Definitions. Amend. The Committee proposes to amend and add certain definitions in subparagraph (b) to clarify the applicability of the Utah Rules of Evidence to juvenile court proceedings, and to add subparagraph (c) to specify that in the event of conflict between these definitions and the Utah Rules of Juvenile Procedure, the latter rules govern.
URE0412. Admissibility of Victim’s Sexual Behavior of Predisposition. Amend. The Committee proposes to amend subparagraph (a) to omit the specific reference to “juvenile delinquency” proceedings. In view of the proposed amendments to URE 101 and 1101, the reference is unnecessary. The reference could also be confusing since other rules that likewise apply to juvenile delinquency proceedings do not include such specific references.
URE0615. Excluding Witnesses. Amend. The Committee proposes to amend subparagraphs (d) and (e) to omit the specific references to “juvenile delinquency” proceedings. In view of the proposed amendments to URE 101 and 1101, the references are unnecessary. The references could also be confusing since other rules that likewise apply to juvenile delinquency proceedings do not include such specific references.
URE01101. Applicability of Rules. Amend. The Committee proposes to amend subparagraph (a) to add a provision clarifying that the Utah Rules of Evidence apply to “all juvenile court proceedings unless stated otherwise in the Utah Rules of Juvenile Procedure.”
Posted: May 17, 2023
Rules of Juvenile Procedure – Comment Period Closed July 1, 2023
URJP037A. Visual recording of statement or testimony of child in abuse, neglect and dependency proceedings – Conditions of admissibility. Amend. The proposed amendments to Rule 37A include adding substantiation proceedings to the title and to paragraphs (b) and (c). The changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.
Posted: May 3, 2023
Rules of Appellate Procedure – Comment Period Closed June 17, 2023
URAP008. Stay or injunction pending appeal. Rule 8 is being amended to remove references to specific subparagraphs within Rule 62 of the Utah Rules of Civil Procedure. Rule 62 was significantly amended effective November 1, 2021. Those amendments deleted the prior subparagraph (d). Thus, the current reference in Rule 8(b)(1) of the Utah Rules of Appellate Procedure to “Rule 62(d) of the Utah Rules of Civil Procedure” no longer makes sense. To avoid future problems, the Committee also suggests modifying Appellate Rule 8’s subparagraph (c) because it also contains a reference to a specific subparagraph of Civil Rule 62.
Posted: April 24, 2023
Rules of Civil Procedure – Comment Period Closed June 8, 2023
URCP006. Time. AMEND. The proposed change adds “Juneteenth National Freedom Day (as recognized by the Utah Legislature as the third Monday of June)” to the list of legal holidays set forth by the rule. Also, change “state” to “legal” in subparagraph (a)(6)(M).
URCP012. Defenses and objections. AMEND. The proposed change adds “file and” to the language before the word “serve” to make it clear answers must be filed with the court and served.
Posted: April 24, 2023
Code of Judicial Administration – Comment Period Closed June 8, 2023
CJA04-0202.03. Records access (AMEND).
CJA04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index (AMEND). The proposed amendments align the rules with Utah Code Sections 77-40a-403(2)(b) and 77-40a-404, identifying individuals and entities who may access expunged records. Other amendments are non-substantive and intended to streamline the rules.
CJA04-0404. Jury selection and service (AMEND). The proposed amendments add the option to email juror qualification forms and summonses to prospective jurors.
CJA06-0501. Reporting requirements for guardians and conservators (AMEND). In response to previous public comments, the proposed amendments clarify filing requirements and use of forms for guardians and conservators.
Posted: April 24, 2023
Code of Judicial Administration – Comment Period Closed June 8, 2023
CJA04-0202.02. Records classification (AMEND). The proposed amendments update statutory references and include three substantive changes:
- Classifies records related to Court Commissioner Conduct Committee and Council actions under CJA Rule 3-201.02 as “private,” except for public censures by the Judicial Council.
- Safeguards contact information in domestic cases upon request, if the individual’s contact information has been safeguarded in a protective order or stalking injunction action under (8)(A) or in the cases listed under (8)(B).
- In response to S.B. 93, classifies:
- sex designation records for both minors and adults as “private;”
- name change records for both minors and adults as “public,” and
- records in cases involving both a name change and a sex designation change, for minors and adults, as “private” (with a few exceptions).
Posted: April 21, 2023
Rules of Evidence – Comment Period Closed June 5, 2023
URE0506. Physician and Mental Health Therapist-Patient. Amend. The proposed amendments to Rule 506 seeks to find a proper balance between maintaining a strong privilege, respecting a criminal defendant’s constitutional rights, and clarifying when and how the exception applies.