Utah Courts – Page 21 – Utah Court Rules

Posted: December 4, 2007

Rules of Civil Procedure

URCP 001. General provisions. Amend. Removes electronic filing from the pilot project phase.
URCP 005. Service and filing of pleadings and other papers. Amend. Recognizes electronic service, as well as traditional methods. Permits the judge to require electronic filing.
URCP 010. Form of pleadings and other papers. Amend. Prohibits redundant, immaterial, impertinent or scandalous matter. Makes upper-left corner of document uniform for represented and self-represented parties. Permits but does not require a graphic signature if a document is electronically filed. Includes electronic records within the scope of the rules.
URCP 011. Signing of pleadings, motions, and other papers; representations to court; sanctions. Amend. Permits a self-authenticated statement instead of an affidavit in accordance with Section 46-5-101. Recognizes electronic signatures.
URCP 064D. Writ of garnishment. Amend. To accommodate electronic filing, the amendment allows the creditor to pledge to serve the garnishee’s fee rather than attach it to the filing.

Posted: December 4, 2007

Rules of Criminal Procedure

URCrP 08. Appointment of counsel. Amend. The amendments change the requirements to be appointed in capital cases, including increasing the number of education hours and requiring substantial work on a prior capital case.
URCrP 15.5. Out of court statement and testimony of child victims or child witnesses of sexual or physical abuse – Conditions of admissibility. Amend. The amendments are intended to help bring the rule into compliance with the requirements of Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004).
URCrP 33. Regulation of conduct in the courtroom. Amend. The amendments will permit a judge to sanction an attorney or party for incivility in pleadings or courtroom conduct.

Posted: December 4, 2007

Rules of Appellate Procedure

URAP 10. Motion for summary disposition. Amend. Differentiates the number of copies to be filed depending on the court in which the appeal is pending.
URAP 20. Habeas corpus proceedings. Amend. Differentiates the number of copies to be filed depending on the court in which the appeal is pending.
URAP 56. Response to petition on appeal. Amend. Deletes reference to URAP 27(d).

Posted: December 4, 2007

Code of Judicial Administration

CJA 01-205. Standing and ad hoc committees. Amend. Add a representative of the American Sign Language to the Court Interpreter Committee.

Posted: November 14, 2007

Rules of Evidence

URE 0404. Character evidence not admissible to prove conduct; exceptions; other crimes. Amend. Establishes the conditions for admission of evidence of similar crimes in child molestation cases.

Posted: November 14, 2007

Rules of Juvenile Procedure

URJP 52. Appeals. Amend. Requires that appeals in abuse, neglect, dependency, termination and adoption cases must be filed within 15 days of the entry of the order appealed from.

Posted: November 14, 2007

Code of Judicial Administration

CJA 04-202.03. Records access. Amend. Requires approval of the judge to release a competency evaluation, psychological evaluation or sex risk behavior assessment to the subject of the record or a duly authorized representative of the subject of the record.
CJA 04-510. Alternative dispute resolution. Amend. Reflects statewide application of most of the rule. Creates uniform method to defer ADR.

Posted: October 29, 2007

Rules Regulating the Utah State Bar

Petition to Amend Rule 14-404.
USB 14-0404. Active status lawyers: MCLE, NLCLE and admission on motion requirements. Amend. Requires at last one hour of MCLE in professionalism and civility.

Posted: October 2, 2007

Rules of Appellate Procedure

URAP 19. Extraordinary writs. Amend. The amendment eliminates the requirement of a separate memorandum in support of a response to a petition for extraordinary relief. Supporting authority can be included in the response document.
URAP 24. Briefs. Amend. In cases in which a party submits supplemental authority after briefing, the amendment allows the a party up to 350 words to explain why the supplemental authority is being submitted, and allows the other party 350 words to respond.
URAP 50. Brief in opposition; reply brief; brief of amicus curiae. Amend. The amendment eliminates the requirement that all parties consent to an amicus brief in certiorari cases. The parties may voice support for or opposition to amicus participation.
URAP 51. Disposition of petition for writ of certiorari. Amend. The amendment clarifies what must be included in briefs on a writ of certiorari, eliminating the requirement that the brief show that the issues were preserved in the trial court, and instead requiring that the brief was fairly included in the petition for a writ of certiorari.

Posted: October 2, 2007

Rules of Civil Procedure

URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner’s order. Amend. Requires motion for the relief sought rather than motion for an order to show cause except to enforce an existing court order.
URCP 040. Scheduling and postponing a trial. Amend and Rename. Deletes obsolete requirement for a local rule to govern trial settings. Simplify text.
URCP 041. Dismissal of actions. Amend. Deletes obsolete reference to Rule 66.
URCP 101. Motion practice before court commissioners. Amend. Requires motion for the relief sought rather than motion for an order to show cause except to enforce an existing court order.