Utah Courts – Page 8 – Utah Court Rules

Posted: April 29, 2014

Code of Judicial Administration

CJA 03-0306. Language access in the courts. Amend. Removes the Registered II designation, so that there is only one Registered level for court interpreters, rather than two. Makes minor technical changes.
CJA 04-0401.01. Electronic media coverage of court proceedings. Amend. Changes the definition of news reporter, removes the presumption of electronic media coverage in cases classified as private, and adds a factor for judges to consider when determining whether the presumption has been overcome. Effective April 28, 2014 under CJA 2-205. Subject to change after the comment period.
CJA 04-0902. Limited scope investigation of domestic issues. New. Provides a process for the court to appoint a custody evaluator to investigate select issues in a domestic case than completing a full custody evaluation.

Posted: April 11, 2014

Rules of Appellate Procedure

URAP 001. Scope of rules. Amend. Makes technical changes and clarifies which appellate rules apply in child welfare proceedings.
URAP 025. Brief of amicus curiae or guardian ad litem. Amend. Makes technical changes and clarifies that the deadline for filing a motion for leave to file a brief of amicus curiae or guardian ad litem does not apply when a motion for leave is filed under URAP 50(f).
URAP 027. Form of briefs. Rename and amend. Amends the rule so that paragraphs (a) through (e) also apply to petitions for writ of certiorari and petitions for rehearing.

Posted: April 11, 2014

Rules Governing the Utah State Bar

USB 14-0808. New lawyer training program. Amend. Moves the responsibility for approving mentors from the Supreme Court to the Bar. Effective March 27, 2014 under CJA Rule 11-105(5). Subject to change after the comment period.

Posted: April 11, 2014

Rules of Civil Procedure

URCP 005. Service and filing of pleadings and other papers. Amend. Eliminates service by fax. Eliminates the requirement that a party must agree to service by email. Describes how to file an affidavit or declaration, given the requirements of e-filing. Makes numerous amendments intended to simplify the text.
URCP 030. Depositions upon oral questions. Amend. Deletes an incorrect reference to appellate transcripts of court hearings as the method for preparing a transcript of a deposition.
URCP 037. Discovery and disclosure motions; Sanctions. Amend. Replaces traditional discovery motions with the process of expedited statements of discovery issues currently found in Code of Judicial Administration Rule 4-502. If approved, the procedural provisions of Rule 4-502 will be deleted. Allows costs and attorney’s fees to be included as part of a statement of discovery issues, but requires a motion for sanctions.

Posted: March 17, 2014

Code of Judicial Administration

CJA 03-0306. Language access in the courts. Amend. Adds a Utah residency requirement for interpreters seeking to be credentialed as court-certified interpreters.
CJA 04-0202.02. Records classification. Amend. Classifies records from cases involving minors seeking judicial consent for abortion as sealed.
CJA 04-0405. Juror and witness fees and expenses. Amend. Increases the rate for jury snacks and breaks from $3.00 to $4.00 in accordance with the state rate.
CJA 04-0906. Guardian ad litem program. Amend. Allows the Office of Guardian ad Litem to remove a private guardian ad litem who has not met the continuing education requirements from their case assignment roster.

Posted: March 17, 2014

Rules of Appellate Procedure

URAP 005. Discretionary appeals from interlocutory orders. Amend. Sets a page limit for a petition for permission to appeal and describes how relevant documents may be referenced; provides that a response to a petition for permission to appeal will not be received unless requested by the court; and provides that cross-petitions for permission to appeal are not permitted.
URAP 023. Motions. Amend. Provides that a reply may be filed no later than five days after service of the response, but allows the court to rule on the motion without awaiting a reply.
URAP 035. Petition for rehearing. Amend. Provides the circumstances under which a party may petition for rehearing.
URAP 037. Suggestion of mootness; voluntary dismissal. Amend. Provides that an appellant’s personal affidavit demonstrating that the decision to dismiss is voluntary need only be filed on a motion to dismiss for reasons other than mootness.

Posted: March 17, 2014

Code of Judicial Administration

CJA 04-0403. Signature stamp use. Amend. Allows a clerk to use a judge’s signature stamp, with permission, on orders on unopposed motions requesting the Department of Workforce Services to release debtor information. The rule is effective March 14, 2014 under Utah Code of Judicial Administration, rule 2-205, and is subject to change after the comment period.

Posted: January 28, 2014

Code of Judicial Administration

CJA 10-1-602. Orders to show cause. New. 6th District local rule which describes the process for requesting an order to show cause when a commissioner is unavailable.

Posted: January 28, 2014

Rules of Evidence

URE 803. Hearsay exceptions; availability of declarant immaterial. Amend. Adopts changes made to Federal Rule of Evidence 803(10).

Posted: January 24, 2014

Rules Governing the Utah State Bar

USB 14-510. Prosecution and appeals. Amend. Provides the time in which the respondent to an ethics complaint may respond to an exception filed by OPC.