Rules of Juvenile Procedure
URJP 050. Presence at hearings. Amend. Resolves inconsistencies between Rule 50 and Section 78A-6-114.
Author: Utah Courts
Posted: August 20, 2013
Posted: August 20, 2013
Code of Judicial Conduct
CJC 02.11. Disqualification. Amend. Establishes process for waiver of disqualifying circumstances in appellate proceedings. Effective July 16, 2013 under Rule 11-105(5). Subject to change after the comment period.
Posted: August 20, 2013
Code of Judicial Administration
CJA 04-0101. Calendaring court sessions. Repeal. Annual calendars posted at the courthouse have been replaced by daily calendars published on the court’s web site.
CJA 11-0101. Creation and Composition of Advisory Committees. Amend. Establishes term limits on select advisory committee. Effective July 16, 2013 under Rule 11-105(5). Subject to change after the comment period.
Posted: June 21, 2013
Rules of Criminal Procedure
URCrP 007. Proceedings before magistrate. Amend. Reduces from 48 hours to 24 hours the time within which a judge must determine probable cause after a warrantless arrest.
Posted: June 21, 2013
Rules of Appellate Procedure
URAP 024. Briefs. Amend. Requires that an addendum to a brief in a termination of parental rights case be separately bound. Establishes requirements and guidelines for protecting the confidentiality of persons involved in the appeal of an adoption or termination of parental rights.
URAP 058. Ruling. Amend. Refers to the applicability of Rule 24 in appeals involving the termination of parental rights.
Posted: June 21, 2013
Code of Judicial Administration
CJA 01-0205. Standing and ad hoc committees. Amend. Changes the name of the Court Interpreter Committee to the Language Access Committee.
CJA 03-0306. Court interpreters. Amend. Creates a complaint process for failure to follow the requirements of the rule. Clarifies that Rule 3-306 is not authority to charge for language access costs. Cites the competing authority of federal and state law. Recognizes interpreter credentials from other states. Requires staff to be acting within the scope of human resource policies and procedures, which includes qualifications for a second language stipend, before engaging in a first-hand conversation with a person of limited English proficiency.
CJA 03-0402. Human resources administration. Amend. Changes the name of the career service review board to the grievance review panel.
CJA 04-0110. Transfer of juvenile cases from district and justice courts to the juvenile court. Amend. Technical change, recognizing that Section 78A-7-106 governs transfer of cases from justice court to juvenile court.
CJA 04-0404. Jury selection and service. Amend. Implements the requirement of Section 78B-1-110 that compliance with a summons satisfies a person’s jury service obligation for two years. Permits a court to establish a shorter term of service than is provided by rule, but not longer.
CJA 04-0508. Guidelines for ruling on a motion to waive fees. Amend. Includes juvenile court within the guidelines of the rule.
Posted: June 11, 2013
Rules of Professional Conduct
Petition to Revise Utah Rules of Professional Conduct for Lawyer Advertising Rules. Revises the rules to more thoroughly address problems with misleading and inaccurate lawyer advertising, both potential and existing, in order to better protect the public. The changes are designed to help lawyers comply with the new rules, as they are more specific than current requirements. The basic components of the proposed rules provide fuller definitions of what constitutes false and misleading legal service communications. The proposed rules would tie compliance requirements to the Bar’s annual licensing renewal form. The new rules would require the lawyers to annually submit any Uniform Resource Locator (URL) they use in advertising and to submit such advertising as mass mailings. There is no requirement for prior review of any advertising.
RPC 07.01. Communications Concerning a Lawyer’s Services. Amend.
RPC 07.02. Advertising. Amend.
RPC 07.02A. Filing Requirements for Public Advertisements and Written, Recorded, Electronic, or Other Digital Solicitations. New.
RPC 07.02B. Advertising Review Committee; Pre-dissemination Review. New.
Exhibit 7. Western States Bar Conference Information.
Exhibit 8. Harrell v. The Florida Bar.
Exhibit 9. Research Memorandum.
Appendix A. ABA Model Rule 7.1.
Appendix B. ABA Model Rule 7.2.
Appendix C. Differences between State Advertising and Solicitation Rules and ABA Rules of Professional Conduct.
Appendix D. Florida Rules.
Appendix E. Nevada Rules.
Appendix F. Texas Rules.
Appendix G. Washington Rules.
Posted: May 15, 2013
Rules of Civil Procedure
URCP 007. Pleadings allowed; motions, memoranda, hearings, orders. Amend. Adopts expedited procedures for resolution of specified motions related to disclosure and discovery. If approved, similar provisions currently in the Code of Judicial Administration will be deleted.
URCP 058A. Entry of judgment; abstract of judgment. Amend. Requires the party preparing the judgment to promptly serve a copy of the signed judgment on the other parties and promptly file proof of service with the court. Proposed in conjunction with proposed amendments to URAP 4.
URCP 058B. Satisfaction of judgment. Amend. Requires the creditor to file a satisfaction of judgment upon the debtor’s request.
URCP 064D. Writ of garnishment. Amend. Extends a writ of continuing garnishment to one year, unless a second or subsequent writ is served.
Posted: May 15, 2013
Rules of Appellate Procedure
URAP 004. Appeal as of right: when taken. Amend. Creates a process for litigants in civil cases to seek reinstatement of the 30 day period for filing an appeal. A trial court may reinstate the time for appeal if a party did not receive a notice of the judgment, because it was not promptly sent and the litigant otherwise exercised reasonable diligence in monitoring the proceedings.
URAP 014. Review of administrative orders: how obtained; intervention. Amend. Clarifies that payment of the filing fee is not jurisdictional, making the rule consistent with rule 3.
URAP 024. Briefs. Amend. Changes how a brief should be structured. Clarifies what should be included in each section and how much detail. Adds a word count limit in death sentence cases, doubling the limit in other appeals.
Posted: May 15, 2013
Rules of Professional Conduct
RPC 01.10. Imputation of Conflicts of Interest: General Rule. Amend. Redefines “firm” for purposes of determining conflict imputation.