Author: Utah Courts

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Rules of Civil Procedure

URCP 006. Time. Repeal and reenact. Conforms the computation of time to the days-are-days approach of the Federal Rules of Civil Procedure. Deadlines of less than 30 days in several rules will be extended to a uniform 7/14/21 days. The list of deadlines proposed to be amended is attached. If Rule 6 is approved, those rules will be amended to change the deadlines as indicated, but the rules will not be published for comment. Deadlines not listed are not proposed to be amended.
List of Deadline Changes in Conjunction with New Rule 6.

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Code of Judicial Administration

CJA 01-205. Standing and ad hoc committees. Amend. Adds an attorney with experience representing parents in abuse, neglect and dependency cases to the Committee on Children and Family Law.
CJA 01-305. Board of Senior Judges. Amend. Restrict membership to active senior judges.
CJA 02-103. Open and closed meetings. Amend. Prohibits those attending a closed meeting from discussing the topic except with others attending the meeting.
CJA 03-403. Judicial branch education. Amend. Establishes the minimum requirements for an active senior judge after a break in service.
CJA 04-202.02. Records classification. Amend. Classifies as private the records in guardianship and conservatorship cases, except the order and letter of appointment. Classifies some select data elements as public or private.
CJA 04-202.09. Miscellaneous. Amend. Prohibits including non-public information in an otherwise public document. Specifies substitutes for personal identifying information.

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Code of Judicial Administration

CJA 04-509. Court-appointed parent coordinator. New. Establishes the role, qualifications and procedures of the parent coordinator.
CJA 06-501. Reporting requirements for guardians and conservators. Amend. Exempt OPG from test requirement.
CJA Chapter 11. Article 1. Advisory Committees and the Rulemaking Process. Amend. Creates from Rule 11-101 a series of rules. Each rule regulates a particular topic in the rulemaking process.
CJA 11-101. Creation and Composition of Advisory Committees. Amend. Adds a provision that committee members are officers of the court and not representatives of any interest.
CJA 11-102. Advisory Committee Procedures. New. Adds quorum and voting requirements.
CJA 11-103. Rulemaking Procedures. New. Recognizes reliance on written comments.
CJA 11-104. Procedures Pertaining to the Practice of Law. New. Technical amendments.
CJA 11-105. Supreme Court Action on Rule Modifications. New. Adds distribution and comment provisions to rule amendments initiated by the Supreme Court.
CJA 11-106. Rule Distribution Process. New. Adds a distribution and publication provision.

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Rules Governing the Utah State Bar

USB 14-1001. Petition to Amend Rule 14-1001.
USB 14-1001. IOLTA Amend. Clarifies the formula for determining whether the net income from investing client funds exceeds the cost of doing so. Directs the Utah Bar Foundation to determine whether an institution is eligible for deposits. Establishes the criteria to be an eligible

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Rules of Appellate Procedure

URAP 03. Appeal as of right: how taken. Amend. States that a trial court clerk shall accept a notice of appeal even if the filing fee is not paid at that time. The fee must be paid within a reasonable time or the case might be dismissed.
URAP 37. Suggestion of mootness; voluntary dismissal. Amend. Requires a voluntary dismissal to be filed at least before the date that a decision is entered.
URAP 41. Certification of questions of law by United States courts. Amend. The proposed amendments state that, in certification cases, the rules of appellate procedure apply to the form of briefs and the proceedings on oral argument, except to the extent that the court notifies the parties differently.

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Code of Judicial Administration

CJA 03-413. Judicial library resources. Amend. Deletes references to materials no longer published.
CJA 04-201 Record of proceedings. Amend Permits the judge to allow access to the digital recording otherwise dsignated as “notes.”
CJA 04-203. Designating a case as historically significant. New. Establishes a process by which a person can request that a case be designated as historically significant. Records in historically significant cases will be retained permanently.
CJA 04-401. Media in the courtroom. Amend. Permits audio and video transmissions from the courtroom. Prohibits photographing documents and exhibits not in the public record. Clarifies that the judge can control areas adjacent to the courtroom without automatic restrictions.
CJA 06-601. The Board of District Court Judges. Amend. Prohibits a judge who is substituting for a Board member from making or voting on motions.

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Rules Governing the Utah State Bar

USB 14-0533. Diversion. Amend Establishes the membership of the Diversion Committee for claims of misconduct. Gives the Committee authority to establish policies and procedures. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Supreme Court Order.

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Rules of Evidence

URE 0509. News reporters. New. Creates a privilege for news reporters. This proposed rule is being published for comment a second time. The only change from the first publication is in section (b).

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