Utah Courts – Page 10 – Utah Court Rules

Posted: March 14, 2022

Code of Judicial Administration – Comment Period Closed April 28, 2022

CJA01-0205. Standing and Ad Hoc Committees. (AMEND). Creates a Standing Committee on Working Interdisciplinary Network of Guardianship Stakeholders (WINGS).

CJA03-0421. WINGS Committee. (NEW). Outlines the roles and responsibilities of the new Standing Committee on Working Interdisciplinary Network of Guardianship Stakeholders (WINGS).

CJA06-0104. Water law judges. (NEW). New rule creating designated water judges in district court to handle cases involving water law and the adjudication of water rights.

Posted: March 10, 2022

Rules of Appellate Procedure – Comment Period Closed April 24, 2022

URAP004. Appeal as of right: when taken. Amend. The proposed amendments to Rule 4, subsection (f), addressing reinstating the right to appeal in criminal cases; are to (1) add that a motion to reinstate must be filed within one year from discovery of facts giving rise to the claim; (2) include the standard governing such motions; (3) restructure the section to be consistent with subsection 4(g) (addressing reinstating the right to appeal in civil cases); (4) and clean up language for clarity and consistency.

URAP020. Habeas corpus proceedings. Repeal. The Utah Supreme Court’s Advisory Committee on the Rules of Appellate Procedure recommends repealing Rule 20 because it is superfluous and confusing, and could prejudice a criminal defendant’s opportunity to seek relief under the Post-Conviction Remedies Act (PCRA). Rules 65B and 65C of the civil rules, together with the PCRA, Utah Code § 78B-9-101 to -110, already provide mechanisms to challenge the lawfulness of any official detention.

Posted: March 10, 2022

Rules of Juvenile Procedure – Comment Period Closed April 24, 2022

URJP007. Warrants. Amend. Adds a statutory reference to Utah Code section 62A-4a-202.1 for warrants that are executed in child welfare proceedings. Proposal to allow counsel for the Division of Child and Family Services to file an ex parte motion to vacate a warrant issued pursuant to Utah Code section 62A-4a-202.1 for a child, who is missing, has been abducted, or has run away.

URJP025. Pleas. Amend. Reflects changes contained in H.B. 285 Juvenile Code Recodification (2021). Modifies paragraph (a) to add a statutory reference to Utah Code section 80-6-306. Deletes paragraph (d) to remove language contained in Utah Code section 80-6-306. Proposal detailing the procedure for how delayed admissions under Utah Code section 80-6-306 will be resolved.

URJP060. Judicial bypass procedure to authorize minor to consent to an abortion. Amend. Modifies the time frames in paragraph (d).

Posted: February 24, 2022

Rules of Criminal Procedure – Comment Period Closed April 10, 2022

URCrP042. Expungement. (NEW). This new proposed rule tracks the legislative changes regarding expungements.

Posted: January 19, 2022

Rules of Appellate Procedure – Comment Period Closed March 5, 2022

URAP010. Extension of time. Amend. The proposed amendments to Rule 10, subsection (d): address enlargements of time for filing memoranda under the simplified appeals process to make the language regarding the deadline for such motions consistent with that in Rules 22(a) and 22(b)(3).

URAP011. The record on appeal. Amend. The proposed amendments to Rule 11: (1) address the Court’s concerns—that arose in Arreguin-Leon v. Hadco Constr., LLC, 2020 UT 59, 472 P.3d 927—about defining what constitutes the record on appeal and the procedures for correcting or supplementing the record on appeal; (2) clarify and adjust the deadlines for ordering transcripts, ensuring that indigent parties have the opportunity to review the case before being required to order transcripts; (3) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (4) make other changes to conform with the Appellate Clerks’ Office current practice.

URAP012. Transmitting the record. Amend. The proposed amendments to Rule 12: (1) recognize the current practice of utilizing electronic records and the appellate court’s transcript management system; (2) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (3) make other changes to conform with the Appellate Clerks’ Office current practice.

Posted: January 19, 2022

Rules of Juvenile Procedure – Comment Period Closed March 5, 2022

URJP025A. Withdrawal of Pleas. REPEALED. Rule 25A will be repealed because procedures governing the withdrawal of pleas are contained in Utah Code section 80-6-306.

Posted: January 12, 2022

Rules of Evidence – Comment Period Closed February 26, 2022

URE0412. Admissibility of Victim’s Sexual Behavior or Predisposition (AMEND). The proposed amendment clarifies that the rule is applicable to juvenile delinquency proceedings.

Posted: December 20, 2021

Code of Judicial Administration – Comment Period Closed February 3, 2022

CJA01-0205. Standing and Ad Hoc Committees (AMEND). Creates a Standing Committee on Fairness and Accountability. Amends the membership of the Committee on Resources for Self-represented Parties, the Committee on Model Utah Criminal Jury Instructions, and the Committee on Court Forms.

CJA02-0103. Open and closed meetings (AMEND). Removes the requirement that the AOC send a separate notification to a newspaper of general circulation when the Judicial Council meeting agendas are posted on the Utah Public Notice Website. Clarifies that a Judicial Council meeting may be closed for discussions regarding legal advice of counsel.

CJA03-0420. Committee on Fairness and Accountability (NEW). Outlines the roles and responsibilities of the new Committee on Fairness and Accountability.

CJA04-0903. Uniform custody evaluations (AMEND). Limits the circumstances under which a custody evaluation can be ordered and outlines the training requirements of those who conduct custody evaluations.

Posted: December 7, 2021

Rules Governing Licensed Paralegal Practitioners – Comment Period Closed January 21, 2022

RGLPP15-0703. Qualifications for licensure as a licensed paralegal practitioner. Amend. The proposed amendment to this rule would add relevant subsections for ease of reading, including headings for the “Specialized Course of Instruction requirement,” and the “Substantive Law-Related Experience” requirement. A substantive amendment would also permit academic credit from an Approved Law School or Accredited Program or School to count toward an applicant’s substantive law-related experience hours requirement, which would be capped at 750 hours or half the 1,500 hours requirement.

RGLPP15-0701. Definitions. Amend. The amendments may be summarized as follows:

Add clarification to the scope of an LPP’s practice within family law to include common law marriage as well as name and gender change (there is a coordinating amendment in USB Rule 14-802(c));
Create a definition for “Specialized Course of Instruction” referenced in admissions Rule 15-703;
Omit unnecessary language in paragraph (ee) related to supervision by a licensed lawyer, paralegal, or law student; and
Create a new definition in paragraph (gg) for “Substantive Legal Course.”

USB14-0802. Authorization to practice law. Amend. The proposed amendment adds clarification to the scope of an LPP’s practice within family law to include common law marriage as well as name and gender change (there is a coordinating amendment in LPP Rule 15-701).

Posted: December 2, 2021

Rule of Appellate Procedure – Comment Period Closed January 16, 2022

URAP025. Amicus curiae briefs. Amend. The proposed amendments to Rule 25: (1) modify the language throughout to rule to mirror the federal rule; (2) incorporate the language from Rule 50 regarding amicus curiae briefs; (3) allow an amicus curiae brief to be filed without leave of court if all parties have consented to its filing; (4) provide a word count length requirement; (5) change the due date from 21 days to 14 days in 25(d); (6) added language in 25(g) addressing responsive briefs; and (7) clean up other language for clarity and consistency.