Utah Court Rules – Published for Comment
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Posted: August 23, 2021
URJP044. Findings and Conclusions. Amend. Clarifies which case proceedings the court shall enter findings of fact and conclusions of law as well as updates the outdated term “permanent deprivation” to “termination of parental rights.” Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021).
Posted: August 23, 2021
CJA11-0401. Standing Committee on Appellate Representation and the Appellate Roster. Amend.
The following is a brief summary of the rule amendments (line numbers refer to the redline version and note where the subject amendments begin). Amendments to Rule 11-401:
· Address the creation of the Indigent Appellate Defense Division (line 12);
· Simplify committee composition (line 33);
· Clarify that at least one appellate brief submitted for application purposes must be in the relevant subject matter area (line 107);
· Add a CLE requirement (line 146);
· Add requirements for entity exempt status and clarify when an attorney falls under that exemption (line 161); and
· Increase term limits from three to five years (lines 135 and 145).
Posted: August 11, 2021
CJA11-0101. Creation and Composition of Advisory Committees. Amend. The amendments allow for the Supreme Court to appoint vice-chairs to advisory committees. The amendments change the service term from four years to three years for new appointments.
Posted: August 3, 2021
CJA01-0305. Board of Senior Judges. Amended. The amendments to CJA Rule 1-305 modify the Board of Senior Judges.
CJA03-0104. Presiding judges. Amended. The amendments to CJA Rule 3-104 clarify the authority of a presiding judge to assign a senior judge by referencing CJA Rule 3-108.
CJA03-0108. Judicial assistance. Amended. The amendments to CJA Rule 3-108 establish the circumstances for which a senior judge assignment may be made and the procedure for making a senior judge assignment.
CJA03-0113. Senior judges. Amended. The amendments to CJA Rule 3-113 clarify and modify the circumstances in which a senior judge may be compensated for judicial coverage.
CJA03-0501. Insurance Benefits Upon Retirement. Amended. The amendments to CJA Rule 3-501 provide guidance for the use of the senior judge incentive benefit.
CJA11-0201. Senior Judges. The amendments to CJA Rule 11-201 provide the Supreme Court with additional information about applicants for appointment as a senior judge and clarify the process in which an applicant may respond to a Judicial Council recommendation regarding the appointment of a senior judge.
Posted: July 28, 2021
CJA01-0303. Internal procedures and organization. Amend. An amendment to CJA Rule 1-303 was approved by the Judicial Council to allow for reports from the Boards twice each year rather than quarterly.
Posted: July 27, 2021
URAP023. Motions. Amend. The proposed amendments remove all language regarding form requirements in 23(f) and incorporate that language into Rule 27.
URAP027. Form of briefs. Amend. The proposed amendments: (1) combine form requirements for briefs, motions, and other documents into one rule; (2) incorporate language regarding form requirements from Rule 23(f); and (3) clean up other language for clarity and consistency.
Posted: June 28, 2021
URJP005. Definitions. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and updates the definition of “ungovernability” to align with H.B. 285.
URJP007. Warrants. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modifies the language in subsection (b)(6) regarding runaway minors to align with H.B. 285, adds a statutory reference to the authority a probation officer has to take into custody a minor who violates a condition of probation, and clarifies that “custody” is “temporary custody.”
URJP011. Time limits on detention orders. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and adds language to address when diversion in lieu of detention agreements can terminate.
URJP030. Citations; applicable offenses and procedures; bail. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Clarifies a minor’s right to bail when the minor has been cited or is in a detention facility as well as that “court” refers to “juvenile court.”
URJP050. Presence at hearings. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modifies the language in subsection (f) to conform with proposed changes the Advisory Committee on the Rules of Civil Procedure made to Civil Rule 24 involving tribal intervention and participation in Indian Child Welfare Act cases.
URJP060. Judicial bypass procedure to authorize minor to consent to an abortion. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and qualifies that the time frame in subsection (d) is business days.
Posted: June 21, 2021
URCP005. Service and filing of pleadings and other papers. Amend. The proposed amendments provide that no certificate of service is required when a paper is served by filing it with the court’s electronic-filing system under paragraph (b)(3)(A).
URCP024. Intervention. Amend. Under the Indian Child Welfare Act (ICWA), an Indian Tribe is permitted to intervene in a child custody proceeding involving an Indian child. These cases arise in both district and juvenile court. Amendments to Rule 24, which track those already adopted in Juvenile Rule 50, will allow a uniform approach to ICWA to be adopted in both juvenile and district court.
Rule 62. Stay of proceedings to enforce a judgment or order. Amend. Among other amendments intended to streamline and improve Rule 62’s efficacy, the proposed amendments extend the time for the automatic stay from 14 days to 28 days and provide that a party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security.
Posted: June 16, 2021
URJP021. Warrant of arrest or summons in cases under Utah Code section 78A-6-703.3. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and changes terminology regarding detention and correctional facilities to align with statutory language.
URJP037. Child protective orders. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and changes the time frame for holding a hearing after granting an ex party child protective order to align with statutory changes in H.B. 255 Protective Order Revisions (2021).
Posted: June 7, 2021
URE0504. Lawyer – Client. Extends the lawyer-client privilege to cover Licensed Paralegal Practitioners and Regulatory Sandbox participants.