Utah Courts – Page 9 – Utah Court Rules

Posted: January 24, 2014

Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Conforms the rule to existing practices. Authorizes a magistrate to issue a material witness warrant at the same time bail is fixed. Clarifies that a material witness may not be detained if the person cannot post bail and that the witness’s testimony may be taken by deposition.
URCrP 038. Appeals from justice court to district court. Amend. Reflects that citations are now efiled and, therefore, that an abstract of a citation will be included in the record on appeal.
URCrP 040. Search warrants. Amend. Makes all sealed search warrants public after six months. The prosecutor or law enforcement officer may apply for additional six month sealing periods. If documents have been sealed for three years or more, an individual may seek to indefinitely seal the documents.

Posted: December 6, 2013

Code of Judicial Administration

CJA 04-0408.01. Responsibility for administration of trial courts. Amend. Makes Morgan District Court a state operation. Effective November 1, 2013 under Rule 2-205. Subject to change after the comment period.

Posted: November 26, 2013

Rules of Appellate Procedure

URAP 003. Appeal as of right: how taken. Amend. Provides that service of the notice of appeal shall be done in accordance with the service requirements of the court from which the appeal is taken.
URAP 008A. Motion for emergency relief. Renumber and amend. Renumbers rule 8A to rule 23C. Provides that a motion for emergency relief is not sufficient to invoke the court’s jurisdiction, and that a jurisdictional petition must be filed or no emergency relief will be granted.

Posted: November 26, 2013

Rules of Civil Procedure

URCP 006. Time. Repeal and reenact. Conforms the computation of time to the approach of the Federal Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days. The list of deadlines proposed to be amended is linked. If approved, those rules will be amended to change the deadlines as indicated, but the rules will not be published for comment. Deadlines not listed are not proposed to be amended.
URCP 010. Form of pleadings and other papers. Amend. Prohibits a graphic or “wet” signature on an electronically filed document.
URCP 058B. Satisfaction of judgment. Amend. Requires the creditor to file a satisfaction of judgment within 28 days after the judgment has been paid.
URCP 074.
Withdrawal of counsel. Amend. Permits an attorney making a limited appearance to withdraw by announcing the withdrawal in court, if permitted by the judge.
URCP 075. Limited Appearance. Amend. Permits an attorney making a limited appearance to announce the appearance in court, if permitted by the judge.

Posted: November 26, 2013

Rules Governing Utah State Bar

USB 14-0301. Standards of Professionalism and Civility. Amend. Adds comments and references.

Posted: November 26, 2013

Code of Judicial Conduct

CJC Applicability. Applicability. Amend. Exempts active senior judges from complying with Code of Judicial Conduct, Rule 3.4 (Appointments to Governmental Positions). Effective November 4, 2013 under Rule 11-105(5). Subject to change after the comment period.

Posted: October 30, 2013

Rules of Juvenile Procedure

URJP 047. Reviews and modification of orders. Amend. Clarifies questions regarding the timeliness of a request for an evidentiary hearing as addressed by the Court of Appeals in In re P.D., 2013 UT App 151. Describes intervention plans.

Posted: October 30, 2013

Rules of Appellate Procedure

URAP 009. Docketing statement. Amend. Explains the purposes of a docketing statement, the different types of docketing statements, and the information that must be included when filing a docketing statement.

Posted: October 30, 2013

Code of Judicial Administration

CJA 04-0603. Mandatory electronic filing. New. Requires that all documents other than the Information be electronically filed in district court criminal cases as of March 31, 2014. Requires Informations to be electronically filed as of January 1, 2015. Effective October 28, 2013 under Rule 2-205. Subject to change after the comment period.

Posted: August 20, 2013

Rules of Appellate Procedure

URAP 011. The record on appeal. Amend. Eliminates the requirement that the appellant file a statement of the issues that will be presented on appeal and creates a process for the appellee to designate other proceedings to be transcribed, beyond those identified by the appellant.
URAP 029. Oral argument. Amend. Describes the differences between the supreme court and court of appeals in scheduling, waiving and continuing oral argument. Clarifies that reply argument by the appellant does not limit the scope or timing of the questions by the court. Effective July 16, 2013 under Rule 11-105(5). Subject to change after the comment period.
URAP 045. Review of judgments, orders, and decrees of court of appeals. Amend. Changes the language to correctly reflect the process on petitions for writs of certiorari