Author: Utah Courts

Rules of Civil Procedure – Comment Period Closes December 15, 2025

URCP010. Form of pleadings and other papers. AMEND. – The amendments to this rule clarify in subparagraph (e) that orders electronically filed by attorneys must follow these signature line requirements, as well as include amendments to conform to the style guide for the rules.  The Supreme Court has ordered the expedited effectiveness of the amendments to this rule pursuant to Code of Judicial Administration, Rule 11-105.

URCP026.1. Disclosure and discovery in domestic relations actions. AMEND. The proposed amendments to this rule include clarifying language in relation to Rule 26 in subparagraph (b) and a change in terminology in subparagraph (e)(2).

URCP073. Attorney fees. AMEND. The proposed amendments to this rule include increases to the default attorney fee amounts found in subparagraphs (f)(1), (2), and (3) by 35 – 40 percent, as well as some clarifying amendments to conform with the style guide for the rules.

URCP106. Modification of final domestic relations order. AMEND. The proposed amendments to this rule include an update to the statutory references after recodification, as well as, some clarifying language in subparaph (b).

URCP108. Objection to court commissioner’s recommendation. AMEND. The proposed amendments to this rule include clarifying the language in subparagraph (c) in regards to evidence presented to the commissioner, as well as, updating the terminology in subparagraph (d)(2) from the order to show cause language to the “motion to enforce order and for sanctions” language.

URCP109. Injunction in certain domestic relations cases. AMEND. The proposed amendments to this rule include updating the terminology in subparagraph (a) to “paternity.”

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Code of Judicial Administration – Comment Period Closes December 12, 2025

CJA 3-109. Ethics Advisory Committee (AMEND)
The proposed amendments: 1) clarify the process by which ethics advisory opinions are requested and issued; and 2) make non-substantive formatting changes.

CJA 4-202.10. Record Sharing (AMEND)
The proposed amendments add the Office of Professional Conduct to the list of entities authorized to access nonpublic juvenile court records.

CJA 4-906. Guardian ad litem program (AMEND)
The proposed amendments: 1) change annual reporting from August to October in (3)(I) to allow the director and chair to report on legislative grants and requests more accurately; 2) increase compensation for conflict guardians ad litem in (6)(D) to attract experienced attorneys to handle conflict cases; and 3) make grammatical and stylistic changes.

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Rules Governing the Utah State Bar – Admissions – Comment Period Closes November 24, 2025

USB14-702. Board – general powers. Amend. This amendment changes the title of the rule and clarifies that the process to request a rule waiver is found in Rule 14-722.

USB14-716. License fees; enrollment fees; oath and admission. Amend. This amendment allows the Office of Admissions at the Utah State Bar to file a fifth Motion for Admissions.

USB14-722. Rule Waiver. New. This new rule provides a process for applicants to seek a waiver of a rule from the Supreme Court.

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Rules of Appellate Procedure – Comment Period Closed November 10, 2025

URAP003. Appeal as of right: how taken. The Committee proposes amending Rule 3 to 1) add language instructing counsel to include in their notice of appeal whether they intend to remain as counsel on the appeal, and if they will not be, to provide the appellant’s contact information; and 2) move paragraph (d)(2) to (d)(5), please note that the amended language in the moved paragraph was previously posted for public comment which has now ended.

URAP011.The record on appeal. The Committee proposes amending Rule 11 to modify the time requirements for requesting transcripts from 14 days to 21 days. Additionally the time will start from the docketing statement instead of the notice of appeal. This amendment is to provide more time for the mediation office to review the docketing statement to determine if the case qualifies for mediation before the parties incur costs ordering transcripts.

URAP28A. Appellate Mediation Office. The Committee proposes amending Rule 28A to stay an appeal if the appeal goes to mediation.

URAP023A. Motion for reinstatement of appeal. The Committee proposes amending Rule 23A to clarify that motion for reinstatement of an appeal must be filed before remittitur.

URAP023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. The Committee proposes amending Rule 23B to 1) clarify the contents of the motion; 2) remove the requirement that parties submit a proposed order of remand with the motion; and 3) clean-up for clarity and consistency.

 

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Rules of Civil Procedure – Comment Period Closed October 20, 2025

URCP005. Service and filing of pleadings and other papers. AMEND. The proposed amendments to this rule are primarily to address when service is required on parties in default, to clarify when a party in default must be served. There is also a new subparagraph (a)(2)(D) after review of the Standards of Professionalism and Civility, particularly Standard 16, and Utah Supreme Court case, Arbogast Family Trust ex rel. Arbogast v. River Crossings, LLC, 2010 UT 40. There is also a proposed amendment to (b)(3)(C) regarding a mailing address.

URCP042. Consolidation; separate trials; venue transfer. AMEND. The proposed amendments to this rule clarify the filings to be made in each action and by the parties when there are requests to consolidate cases.  This includes clarification on motions to intervene, notices, orders, the assigned judge, and the use of a single case number. There is also new proposed language regarding severance of matters, and reassignment of cases where the cases to be consolidated may not be of the same case type.

URCP103. Child protective orders. NEW. This new proposed rule will apply when child protective order cases are transferred from the juvenile court to the district court under Utah Code section 78A-6-104(5). This rule covers procedures for live child testimony, recorded statements, and recorded testimony, and follows generally the substance of Utah Rules of Juvenile Procedure Rule 37A.

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Mandatory Continuing Legal Education Rule Changes – Comment Period Closed October 20, 2025

USB011-613. CLE Accreditation for qualified audio and video presentations, webcasts, computer interactive programs, writing, lecturing, teaching, public service, and verified attendance. AMEND. The proposed change to the MCLE Rule 11-613 would allow lawyers and Licensed Paralegal Practitioners to receive one hour of elective CLE credit for every 1,000 words up to a maximum of three elective CLE credit hours per compliance cycle.

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Rules of Professional Conduct – Comment Period Closed October 17, 2025

A new rule 5.8 is proposed that outlines requirements for fee sharing between lawyers. Along with this new rule, amendments are proposed to rule 1.0 to include definitions for fee sharing, legal fees, referral fees, and new comments for legal fees and referral fees. Furthermore, amendments are proposed to rules 1.5 and 5.4 to include language regarding fee sharing and referral fees.

RPC01.0. Terminology. AMEND.
RPC01.5. Fees. AMEND.
RPC05.4. Professional independence of a lawyer. AMEND.
RPC05.8. Fee sharing between lawyers. NEW.

 

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Rules of Appellate Procedure – Comment Period Closed October 6, 2025

URAP011. The record on appeal. Amend. The Committee proposes amending Rule 11 to remove paragraphs (d) and (e). Parties do not use paragraph (d) and paragraph (e) creates a difficult procedure with a short deadline for appellees served with an appellant’s prepared statement or recollection.

URAP038A. Withdrawal of counsel. Amend. The Committee proposes amending Rule 38A to: 1) add that an attorney may not withdraw from a case if there is a motion pending in the appellate court; and 2) clean up language for clarity and consistency.

URAP55A. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. New. The Committee proposes the creation of Rule 55A to add a procedure for filing a motion to remand for ineffective assistance of counsel claims in child welfare cases.

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Rules of Juvenile Procedure – Comment Period Closed October 6, 2025

URJP015. Preliminary inquiry; informal adjustment without petition. Amend. The proposed change to Rule 15(d) is in response to Senate Bill 157 (2025), which amended Utah Code section 80-6-304 to require probation officers to inform minors of their right to consult counsel and how to access counsel before declining a nonjudicial adjustment.

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