Author: Utah Courts

Code of Judicial Administration

CJA 03-304. Official court reporters. Amend. Amendments to conform with Rule 4-201. Proposed Effective Date: November 1, 2007.
CJA 03-407. Accounting. Amend. Change composition of advisory committee. Proposed Effective Date: November 1, 2007.
CJA 04-201. Record of proceedings. Amend. Distinguishes between analogue and digital record keeping systems for minimum record keeping requirements. Proposed Effective Date: November 1, 2007.
CJA 06-501. Fiduciary accountings. New. Adopt procedural provisions of Rule 6-503, 6-504 and 6-505. Better conform to statute. Resolve ambiguities in the statute. Establish minimum reporting requirements. Proposed Effective Date: November 1, 2007.
CJA 06-503. Annual report of guardian. Repeal. Move procedural provisions to Rule 6-501. Proposed Effective Date: November 1, 2007.
CJA 06-504. Annual accounting of conservator. Repeal. Move procedural provisions to Rule 6-501. Proposed Effective Date: November 1, 2007.
CJA 06-505. Fiduciary accountings. Repeal. Move procedural provisions to Rule 6-501. Proposed Effective Date: November 1, 2007.

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Rules of Criminal Procedure

URCrP 40. Search warrants. Amend. The changes incorporate procedural provisions from the Utah Code on search warrants. The changes also create procedures to implement the requirements of Anderson v. Taylor, 2006 UT 55. The rule requires a magistrate to retain search warrant documents from the time a search warrant is issued. The rule also addresses access to and sealing of search warrant files. Effective Date: April 30, 2007. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.

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Rules of Juvenile Procedure

URJP 07. Warrants. Amend. The changes incorporate procedural provisions from the Utah Code on search warrants. The changes also create procedures to implement the requirements of Anderson v. Taylor, 2006 UT 55. The rule requires a judge to retain search warrant documents from the time a search warrant is issued. Effective Date: April 30, 2007. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.

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Code of Judicial Administration

CJA 11-202. Judges pro tempore. Amend. Requires 5 years minimum experience to serve as a small claims judge pro tempore. Requires initial and continuing education in small claims cases. Expands background check. Permits the Supreme Court to appoint a justice court judge or a court commissioner as a judge pro tempore for up to 5 days. Proposed Effective Date: November 1, 2007.

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Rules of Evidence

URE 0509. News reporters. New. Creates a privilege for news reporters. Proposed effective date: November 1, 2007.
URE 0702. Testimony by experts. Amend. Preserves and clarifies differences between the Utah and federal approaches to expert testimony. Proposed effective date: November 1, 2007.

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Rules of Civil Procedure

URCP 016. Pretrial conferences, scheduling, and management conferences. Amend. Coordinates sanction provisions with those in Rule 35 and Rule 37. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 023A. Derivative actions by shareholders. Renumber and amend. Renumbers the rule to conform to Supreme Court protocol. Amends the rule to more clearly delineate the content of the petition. Proposed effective date: November 1, 2007.
URCP 026. General provisions governing discovery. Amend. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 033. Interrogatories to parties. Amend. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 034. Production of documents and things and entry upon land for inspection and other purposes. Amend. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 035. Physical and mental examination of persons. Amend. Coordinates sanction provisions with those in Rule 16 and Rule 37. Proposed effective date: November 1, 2007.
URCP 037. Failure to make or cooperate in discovery; sanctions. Amend. Creates sanctions for spoliation of evidence. Coordinates sanction provisions with those in Rule 16 and Rule 35. Adopt the federal provisions governing discovery of electronically stored information. Proposed effective date: November 1, 2007.
URCP 045. Subpoena. Amend. Require person scheduling deposition to give advance notice before serving subpoena. Permit person serving subpoena rather than recipient to decide whether records should be copied and delivered or delivered for inspection and copying. Requires advance payment of costs upon request. Clarifies the grounds and procedures for objecting to a subpoena. Requires declaration under penalty of perjury to accompany documents produced under a subpoena. Adopt the federal provisions governing discovery of electronically stored information. Delete committee note. Proposed effective date: November 1, 2007.
URCP Form 40. Subpoena. Repeal & Reenact. Subpoena, Notice of Rights, Objection. Proposed effective date: November 1, 2007.
URCP 101. Motion practice before court commissioners. Amend. Permit motion for default judgment to be heard by the court commissioner. Technical amendments. Proposed effective date: November 1, 2007.
URCP 106. Modification of divorce decrees. Amend. Expand to include modification of any final domestic relations order. Proposed effective date: November 1, 2007.

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Rules of Criminal Procedure

URCrP 14. Subpoenas. Amend. Creates a new process for gaining access to records of a victim. The court must approve any subpoena or order for confidential records related to a victim. The court conducts an in camera review of the records and may place restrictions on dissemination. Proposed effective date: November 1, 2007.
URCrP 18. Selection of the jury. Amend. Clarifies the standard for removing a juror for cause based on the juror’s views on capital punishment. Proposed effective date: November 1, 2007.

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Rules of Appellate Procedure

URAP 55. Petition on appeal. Amend. Specifically describes the format of a petition for appeal in child welfare matters. The amendments incorporate specific provisions from Rule 27. Proposed effective date: November 1, 2007.

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Code of Judicial Administration

CJA 02-103. Open and closed meetings. Amend. Amend Council rules to incorporate changes to the Open and Public Meetings Act.
CJA 02-104. Recording meetings. Amend. Amend Council rules to incorporate changes to the Open and Public Meetings Act.
CJA 04-202.08 Fees for records, information, and services. Amend. Reduces to cost per Xchange search after 200 searches from $.20 to $.10. Effective August 1, 2006. Approved as an expedited amendment under Rule 2-205. Subject to further change after the comment period.
CJA 04-403. Signature stamp use. Amend. Permits a clerk to use the judge’s signature stamp to approve an order accepting a plea in abeyance if no appearance is required by the Uniform Fine and Bail Schedule.
CJA 04-510. Alternative dispute resolution. Amend. The amendments will modify the training and experience necessary to qualify for the Utah State Roster of ADR Providers and to serve as a provider in divorce mediation. The amendments will provide for sanctions other than removal from the roster. The Uniform Mediation Act is added to the required reading for qualified training programs.
CJA 04-704. Authority of court clerks to extend payment schedule and dismiss citations. Amend. Changes from 14 days to 20 the time in which a clerk may dismiss charges for an automotive mechanical deficiency after the deficiency has been corrected.

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