Utah Courts – Utah Court Rules – Published for Comment

Posted: December 18, 2024

Rules of Juvenile Procedure – Comment Period Closes February 1, 2025

URJP016. Transfer of delinquency case. Amend. The proposed amendments to Rule 16 aim to provide clear and consistent direction regarding the transfer of and venue in a delinquency case while upholding the belief and best practice that a minor is best served by their “home judge.” In the initial stages, paragraph (a) limits the transfer of a referral to the county of occurrence to when a minor or the minor’s parent, guardian, or custodian cannot be located or fails to appear for a preliminary inquiry or the minor declines the offer for a nonjudicial adjustment. Proposed paragraph (b) then establishes the venue for arraignment and pretrial proceedings as the minor’s county of residence. According to paragraph (c), trial proceedings will be transferred to the county of occurrence. Paragraph (c) also provides further direction regarding different types of motions. Changes to paragraph (d) bring the process of transferring a case up-to-date and in-line with eFiling and the C.A.R.E. system.

URJP029. Multiple county offenses. Amend. The proposed changes to Rule 29 are tied to the proposed changes to Rule 16 of the Utah Rules of Juvenile Procedure. Paragraph (a) again establishes that arraignment and pretrial proceedings must occur in the minor’s county of residence. When transferring, paragraph (b) makes reference to Rule 16.

Posted: December 17, 2024

Rules of Civil Procedure – Comment Period Closes January 31, 2025

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. Proposed amendments to (b)(4) regarding orders related to subpoenas under rule 45, and adding motions that may be acted upon without waiting for a response under (l).

URCP030. Depositions upon oral questions. AMEND. Proposed amendment to subparagraph (b)(6) to add clarity regarding objections to a subpoena, and amendments to conform with the style guide for the rules.

URCP037. Statement of discovery issues; Sanctions; Failure to admit, to attend deposition or to preserve evidence. AMEND. Proposed amendments to add a reference to objections under rule 45(e)(4) to the statement of discovery issues in subparagraph (a)(2), as well as to subparagraph (a)(3), to add person subject to and non parties affected by subpoenas to the proposed order requirements found in (a)(5), to remove subparagraph (b)(6), and amendments to correct references to other rules as well as conform with the style guide for the rules.

URCP045. Subpoena. AMEND. Proposed amendments to add a written requirement to subparagraph (e)(4), to clarify the process found in subparagraph (e)(5) regarding responses to objections and compliance, and amendments to conform with the style guide for the rules.

Posted: December 16, 2024

Code of Judicial Administration – Comment Period Closes January 30, 2025

CJA04-202.02. Records classification (AMEND)
Proposed amendments classify the contact and identifying information of a participant in the Safe at Home Program under Utah Code, title 77, chapter 38, part 6, as “safeguarded” upon receipt of notice. All other amendments are non-substantive formatting changes.

CJA04-202.04. Request to access a record associated with a case; request to classify a record associated with a case (AMEND)
Proposed amendments eliminate the requirement to submit a court records request in writing, if the individual is requesting access to non-public court records that they are authorized to access under Rule 4-202.03. All other amendments are non-substantive formatting changes.

CJA04-202.07. Appeals (AMEND)
Proposed amendments streamline and clarify the appeals process for requests to access court records, including the creation of an initial review process whereby the Management Committee will determine whether to deny an appeal, schedule a hearing, or take no action on an appeal.

Posted: November 26, 2024

Code of Judicial Administration – Comment Period Closes January 10, 2025

CJA 4-202.08. Fees for records, information, and services. Amend. The proposed amendments: 1) set the fee waiver limit for government entities at $10.00 per transaction to ensure consistent application across the state; 2) set the fee for access to audio records of court proceedings via the FTR Cloud at $10.00 per transaction; 3) allow the State Court Administrator and Clerks of Court to waive the one free copy limit; and 4) identify individuals and entities that qualify for bulk data fee waivers.

CJA 4-403. Electronic signature and signature stamp use. Amend. The proposed amendments grant district, juvenile, and justice courts the discretion to authorize clerks to electronically sign or stamp additional document types without judicial review by issuing a standing order signed by the presiding judge of the district, or for justice courts, a local standing order pre-approved by the presiding justice court judge of the district. The amendments also specify when such authorization must be documented in writing in the case.

Posted: November 18, 2024

Standing Committee on Appellate Representation – Comment Period Ends January 2, 2025

Rule 11-401. Standing Committee on Appellate Representation. Amend.

There are two amendments to this rule. The first amendment relates to the qualifications for the appellate rosters. The amendment adds a requirement that an attorney applying for the appellate rosters list and explain the reasons for all cases in which the attorney requested ten or more extensions for criminal cases, or two or more extensions for juvenile cases. The second amendment relates to the logistics and timing of the application and reapplication process for the appellate rosters.

Posted: November 6, 2024

Rules of Appellate Procedure Comment Period Closed December 21, 2024

URAP008. Stay or injunction pending appeal. Amend. The Committee proposes amending Rule 8 to: 1) remove paragraph (a)(1)(B) as this relief is already covered by paragraph (a)(1)(A); 2) update the injunction standard in paragraph (d) to match the standard in Rule 65A of the Rules of Civil Procedure; 3) update the standard for a stay in paragraph (c) with a list of factors and eliminate language about the case presenting a serious issue; and 4) clean up language and format for clarity and consistency.

URAP010. Procedures for summary disposition or simplified appeal process. Amend. The Committee proposes amending Rule 10 to remove paragraph (c) and allow Rule 22 to govern extensions.

Posted: November 4, 2024

Rules Governing the Utah State Bar – Admissions – Comment Period Closed December 19, 2024

USB14-701. Definitions. Amend.

• General cleanup for clarity and consistency.
• Adds that pro bono work under 14-803 is “Active Practice”.
• Adds definition for “Alternate Path”.
• Adds definition for “Alternate Path Examination”.
• Updates language referring to delicensed attorneys.
• Adds definition for “Experiential Learning”.
• Adds definition for “Final semester”.
• Modifies definition for Formerly-Admitted Applicant.
• Adds definition for “Professional Responsibility”.
• Changes definition of an “Unapproved Law School”.

USB14-702. Board – general powers. Amend.

• General cleanup for clarity and consistency.

USB14-703. Qualifications for admission of Student Applicants. Amend.

• General cleanup for clarity and consistency.
• Changes language to account for the Alternate Path as a means to admission.

USB14-703A. Alternate Path. Requirements. New.

• Outlines requirements for the proposed Alternate Path method of admission to the Bar.

USB14-704. Qualifications for admission of Attorney Applicants. Amend.

• General cleanup for clarity and consistency.
• Changes active practice of law requirement for applicants from Unapproved law schools.
• Changes the active practice of law requirement for applicants from foreign law schools.

USB14-705. Admission by motion. Amend.

• General cleanup for clarity and consistency.

USB14-706. Test accommodations. Amend.

• General cleanup for clarity and consistency.

USB14-707. Application; deadlines; withdrawals; postponements and fees. Amend.

• General cleanup for clarity and consistency.
• Modifies the background investigation requirements to allow Admissions Committee to prescribe method of investigations.
• Removes late filing deadlines for examinees.
• Gives Deputy General Counsel or the Character and Fitness Committee authority to keep an application open for more than one year.

USB14-708. Character and fitness. Amend.

• General cleanup for clarity and consistency.
• Adds language to reflect the position of financial obligations in the review of an applicant’s character and fitness.

USB14-709. Application denial. Amend.

• General cleanup for clarity and consistency.

USB14-711. Grading and passing the Bar Examination. Amend.

• General cleanup for clarity and consistency.
• Adds language about appeal process specifically for paragraph (f).

USB14-712. Qualifications for admission based on UBE. Amend.

• General cleanup for clarity and consistency

USB14-714. Unsuccessful Applicants disclosure and right of inspection. Amend.

• General cleanup for clarity and consistency.

USB14-715. Requests for Review. Amend.

• General cleanup for clarity and consistency.

USB14-716. License fees; enrollment fees; oath and admission. Amend.

• General cleanup for clarity and consistency.
• Updates information to match the current relationship of admissions to the Utah Supreme Court and the District Court for the District of Utah.

USB14-717. Readmission of Utah attorneys after resignation with discipline, administrative suspension for three or more years, resignation with discipline, or delicensure. Amend.

• Updated title of rule for consistency.
• General cleanup for clarity and consistency.
• Changes requirement that a Formerly-Admitted Attorney applying under Rule 14-704 does not need to retake the bar examination but must complete the New Lawyer Training Program.

USB14-718. Licensing of Foreign Legal Consultants. Amend.

• General cleanup for clarity and consistency.

USB14-719. Qualifications for admission of House Counsel Applicants. Amend.

• General cleanup for clarity and consistency.
• Adds language indicating that House Counsel can not use lack of notice from the Bar as a defense to continuing to practice as House Counsel after authorization has ceased based on a triggering event.

USB14-720. Confidentiality. Amend.

• Removes language allowing Bar to disclose names of Applicants.
• General cleanup for clarity and consistency.

USB14-721. Admission of Deferred Action for Childhood Arrivals recipients. Amend.

• General cleanup for clarity and consistency.

Posted: October 29, 2024

Rules of Evidence – Comment Period Closed December 13, 2024

URE1102. Reliable Hearsay in Criminal Preliminary Examinations. Amend. The proposed amendment adds a reference to the legislative joint resolution that amended this rule earlier this year.

Posted: October 28, 2024

Code of Judicial Administration – Comment Period Closed December 12, 2024

CJA03-302.Clerk of the court. Amend. The proposed amendments bring the rule in line with current practice, help court employees understand the Clerk of Court’s role, and update language and other terms for consistency purposes.

CJA03-303. Justice court clerks. Amend. The proposed amendments clarify the role of non-court staff in justice court operations and codify the Judicial Council’s decision to restrict access to the courts’ case management system when certification requirements have not been met.

CJA04-401. Proceedings conducted by remote transmission. New. The proposed rule requires that remote court proceedings be conducted exclusively via a video conferencing platform approved by the Judicial Council. The Council may grant exceptions.

CJA01.205. Standing and ad hoc committees. Amend.

CJA03-114. Judicial outreach. Repeal. The proposed amendments: 1) create a Tribal Liaison Committee; 2) remove the general counsel member position from the Working Interdisciplinary Network of Guardianship Stakeholders Committee (WINGS); 3) eliminate the Pretrial Release and Supervision Committee; and 4) repeal the Judicial Outreach Committee. The Outreach Committee’s work will be absorbed by the Committee on Fairness and Accountability.

Posted: October 25, 2024

Rules Governing the Utah State Bar – Comment Period Closed December 9, 2024

USB14-806. Admission pro hac vice. AMEND. The proposed amendment for pro hac vice admission would remove the requirement that a Utah Bar member be a Utah resident and have a law office in Utah. Feedback from those with experience using this rule, and multijurisdictional practice is highly encouraged.