Utah Courts – Utah Court Rules – Published for Comment

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 Closes 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 Closes 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 Closes 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 Closes 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 Closes 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.

Posted: October 25, 2024

Rules of Professional Conduct – Comment Period Ends December 9, 2024

Rule 3.3. Candor toward the tribunal. AMEND. The proposed amendment would align the rule and intent with the model rule as was originally done. Utah restructured this rule by renumbering paragraphs from the model rule. In doing so, the model language (now in subsection (d)) included that “the duties stated in paragraphs (a) and (b)” required disclosure but omitted the new paragraph (c). The language of Utah paragraph (c) is found in model rule paragraph (b). The comments were also amended to reflect correct citations.

Posted: October 10, 2024

Rules of Civil Procedure – Comment Period Closes November 24, 2024

URCP0107. Decree of adoption; Petition to open adoption records. AMEND. Proposed amendments are made to reflect the requirements found in Utah Code section 78A-6-141 and Utah Code of Judicial Administration Rule 4-202.03, as well as, to conform to the style guide for the rules.

URCP026.4. Provisions governing disclosure and discovery in contested proceedings under Title 75 of the Utah Code. AMEND. Proposed amendments are made to reflect the recodification of the probate code to reference additional Utah Code titles, as well as, to conform to the style guide for the rules.

Posted: September 5, 2024

Notice of Approved Amendments and Public Comment Period for Utah Code of Judicial Administration – Comment Period Closed October 20, 2024

CJA3-102. Assumption of judicial office. (AMEND) Clarifies that the Judicial Council may extend the qualification time period for an appointee confirmed by the Senate when the judge the appointee is replacing has not ended their term.

CJA4-206. Exhibits. (AMEND) The proposed amendments reflect recent statutory changes concerning the receipt, retention, and exposal of court exhibits.

CJA4-101. Manner of Appearance. (NEW) The Supreme Court recently adopted rules of civil, criminal, and juvenile procedure identifying factors judges should consider when setting in-person, remote, and hybrid hearings. This rule is a companion rule addressing notice and compliance.

Posted: August 30, 2024

Code of Judicial Administration – Comment Period Closed October 14, 2024

CJA4-202.02. Records classification. AMEND. The proposed amendments reclassify probation progress/violation reports as protected records, classify “nonpublic restitution records” as sealed records in accordance with Utah Code, and update statutory references to account for the recodification of the Domestic Relations code.

CJA4-202.03. Records access. AMEND. The proposed amendments authorize the Utah Office for Victims of Crime (UVOC) to access sealed “nonpublic restitution records” to ensure the UVOC can fulfill its statutory obligations.

CJA6-104. District court water judges. AMEND. The proposed amendments clarify that the supervising water judge is responsible for reassigning water cases upon the retirement of a water judge.