Utah Court Rules – Published for Comment
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Posted: January 11, 2016
URE 0511. Insurance Regulators. New. Creates a privilege for insurance regulators.
Posted: December 17, 2015
URCrP 011. Pleas. Amend. Clarifies the warning judges must give to defendants in domestic violence cases.
URCrP 022. Sentence, judgment and commitment. Amend. Clarifies the warning judges must give to defendants in domestic violence cases. Also clarifies the circumstances under which a Rule 22 motion may be filed.
Posted: December 17, 2015
URCP 009. Pleading special matters. Amend. Removes the paragraph regarding a petition to renew a judgment. The process to renew a judgment is governed by proposed Rule 58C and the Judgment Renewal Act. Adopts much of the style and grammar of the federal rule.
URCP 026.01. Disclosure and discovery in domestic relations actions. Amend. Amends the disclosure deadlines to conform to Rule 26.
URCP 026.02. Disclosures in personal injury actions. Amend. Corrects a reference to amended Rule 9.
URCP 041. Dismissal of actions. Amend. Removes the provision for ruling against a plaintiff for failure to prove a right to relief, a similar but broader provision having been added to Rule 52, as in the federal rules. Adopts much of the style and grammar of the federal rule.
URCP 054. Judgment; costs. Amend. Establishes a process to add attorney fees and costs to a judgment.
URCP 058A. Entry of judgment; abstract of judgment. Amend. In conjunction with amendments to rule 4 of the Utah Rules of Appellate Procedure, establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under rules 50, 52, and 59 of the Rules of Civil Procedure, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.
URCP 058C. Motion to renew judgment. New. In conjunction with the Judgment Renewal Act and the amendment to Rule 9, describes the process for renewing a judgment.
URCP 073. Attorney fees. Amend. Modifies the process for claiming attorney fees. Adopts many features of FRCP 54(d).
Posted: December 17, 2015
URAP 004. Appeal as of right: when taken. Amend. Provides that the time for all parties to appeal from a judgment runs from the entry of a dispositive order if a party files a motion for relief under rule 60(b) of the Utah Rules of Civil Procedure no later than 28 days after the judgment is entered or a motion or claim for attorney fees under rule 73 of the Utah Rules of Civil Procedure, in addition to the other motions previously listed.
Posted: December 17, 2015
CJA 01-0201. Membership – Election. Amend. Provides that Council members are not eligible to be voting members of a Board of Judges of a trial court.
CJA 01-0205. Standing and ad hoc committees. Amend. Creates a standing committee of the Judicial Council to address pretrial release and supervision. Effective December 14, 2015 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.
CJA 03-0116. Pretrial Release and Supervision Committee. New. Outlines the responsibilities of the Judicial Council’s Standing Committee on Pretrial Release and Supervision. Effective December 14, 2015 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.
Posted: November 25, 2015
URAP 028A. Appellate Mediation Office. Amend. Outlines different processes for mediation in the supreme court and the court of appeals. Provides that the denial of a mediation request does not prevent parties from engaging in private mediation or settlement negotiations. Makes technical changes.
Posted: November 25, 2015
CJA 03-0114. Judicial outreach. Amend. Reorders the intent language. Provides that model outreach programs shall take into account existing curricula. Requires the committee to propose and implement rather than develop policies that encourage judicial participation in outreach programs.
CJA 04-0503. Mandatory electronic filing. Amend. Requires an attorney seeking an exemption from efiling to submit a written request to the District Court Administrator.
Posted: October 26, 2015
CJA 04-0408.01. Responsibility for administration of trial courts. Amend. Removes Kanab from the list of district courts administered through contract with county or local government. Effective December 1, 2015 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.