Rules of Appellate Procedure
URAP 019. Extraordinary writs. Amend. Changes references to rule 8A to rule 23C in line with the renumbering of rule 8A effective November 1, 2014.
Author: Utah Courts
Posted: August 26, 2014
Posted: August 26, 2014
Code of Judicial Administration
CJA 03-0104. Presiding judges. Amend. Outlines the final determination for purposes of a case under advisement.
CJA 03-0403. Judicial branch education. Amend. Requires new judges to attend the first orientation program held after they have taken the oath of office. Provides an exception if attendance is excused by the Management Committee based on good cause.
CJA 04-0202.02 Records classification. Amend. Makes actions to remove an individual from the National Instant Background Check System private. Makes Qualified Domestic Relations Orders private.
CJA 04-0403. Signature stamp use. Amend. Provides for a clerk’s use of a judge’s or commissioner’s electronic signature when the clerk otherwise has permission under the rule to use the judge’s or commissioner’s signature stamp.
Posted: August 26, 2014
Rules of Professional Conduct
RPC 01.00. Terminology. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 01.01. Competence. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 01.04. Communication. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 01.06. Confidentiality of Information. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 01.17. Sale of Law Practice. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 01.18. Duties to Prospective Client. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 04.04. Respect for Rights of Third Persons. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 05.03. Responsibilities Regarding Nonlawyer Assistants. Amend. Changes the name of the rule. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 05.05. Unauthorized Practice of Law; Multijurisdictional Practice of Law. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 08.05. Disciplinary Authority; Choice of Law. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
Posted: June 24, 2014
Rules of Civil Procedure
URCP 026. General provisions governing disclosure and discovery. Amend. Refers the person requesting extraordinary discovery to rule 37.
URCP 045. Subpoena. Amend. Refers the person objecting to a subpoena or requesting an order to compel to rule 37. Requires that a third-party subpoena be served on the other parties.
Posted: June 24, 2014
Rules of Juvenile Procedure
URJP 023. Hearing to waive jurisdiction and certify under Section 78A-6-703; bind over to district court. Amend. Amends the rule to comply with statutory changes to section 78A-6-703 enacted following the 2014 legislative general session.
URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Amends the rule to comport with statutory changes to 78A-6-702 enacted following the 2014 legislative general session.
Posted: June 24, 2014
Rules of Appellate Procedure
URAP 004. Appeal as of right; when taken. Amend. Clarifies the process for filing a motion for extension of time to file a notice of appeal based on good cause or based on good cause or excusable neglect.
URAP 021. Filing and service. Amend. Outlines the certifications an individual makes when filing papers in the appellate court.
URAP 021A. Appellate filings containing other than public information and records. New. Creates a new rule addressing the process for making appellate filings that contain information and records classified as other than public under Utah law.
URAP 048. Time for petitioning. Amend. Clarifies the process for filing a motion for extension of time to file a petition for writ of certiorari based on good cause or based on good cause or excusable neglect.
URAP 055. Petition on appeal. Amend. Requires that petitions on appeal comply with rule 21A.
URAP 056. Response to petition on appeal. Amend. Requires that responses to petitions on appeal comply with rule 21A.
Posted: June 24, 2014
Code of Judicial Administration
CJA 03-0111. Performance evaluation of senior judges and court commissioners. Amend. Requires a presiding judge to evaluate a senior judge’s performance every 18 months after the first term and a commissioner’s performance annually. Changes the evaluation criteria to more closely match the JPEC criteria.
CJA 03-0201. Court commissioners. Amend. Requires a court commissioner to undergo a performance evaluation annually.
CJA 04-0405. Juror and witness fees and expenses. Amend. Makes an attorney issuing the subpoena responsible for reimbursing a civil witness for necessary and reasonable parking expenses as required by statute.
CJA 04-0907. Divorce education and divorce orientation courses. Amend. Provides an option to take the divorce orientation course online, and reflects changes to the fees for the course as required by statute.
CJA 11-0201. Senior judges. Amend. Establishes a residency requirement. Requires a senior judge to undergo a performance evaluation every 18 months after a first term.
CJA 11-0203. Senior justice court judges. Amend. Establishes a residency requirement. Requires a senior justic court judge to undergo a performance evaluation every 18 months after a first term.
Posted: May 27, 2014
Rules of Appellate Procedure
URAP 035. Petition for rehearing. Amend. Outlines the circumstances under which a petition for rehearing may be filed. Separates parts of the rule into separate subparagraphs. Provides the color for covers of petitions and responses filed under this rule.
URAP 038B. Qualifications for appointed appellate counsel. Amend. Requires that appointed appellate counsel represent a client through the first right of appeal.
URAP 047. Certification and transmission of record; joint and separate petitions; cross-petitions; parties. Rename and amend. Removes the requirement for certification of the record. Provides that the Clerk of the Supreme Court shall notify the Clerk of the Court of Appeals to transmit the record on appeal to the Supreme Court when a petition for certiorari has been granted.
Posted: May 27, 2014
Rules of Criminal Procedure
URCrP 007. Proceedings before magistrate. Amend. Changes the time for probable cause from 48 hours to 24 hours after the arrest. Requires that the magistrate release the arrestee after 24 hours unless the officer is able to establish that the delay was caused by a bona fide emergency or other extraordinary circumstances.
URCrP 038. Appeals from justice court to district court. Amend. Eliminates the requirement that the court transmit a certified copy of the appeal packet to the district court as notification will occur electronically. Creates a standard for reinstating a dismissed appeal. Clarifies that a motion to reinstate the appeal may be made within a reasonable time after dismissal.
URCrP 040. Search warrants. Amend. Conforms the rule to HB 70 by incorporating the standards of probable cuase and a reasonable belief that harm may occur.