Utah Courts – Page 14 – Utah Court Rules

Posted: March 15, 2021

Code of Judicial Administration – Comment Period Closed April 29, 2021

CJA01-0204. Executive committees (AMEND). Allows the Policy and Planning Committee, Liaison Committee, and Budget and Fiscal Management Committee to each determine their own schedule for electing chairs.

CJA02-0103. Open and closed meetings (AMEND). Adds the category of “safeguarded” to the list of reasons that a Council meeting may be closed. The amendment corrects an oversight. The rule wasn’t updated when “safeguarded court records” were added as a classification in CJA rule 4-202.02.

Posted: March 12, 2021

Rules of Criminal Procedure – Comment Period Closed April 26, 2021

URCrP006. Warrant of arrest or summons. Amended. The amendment clarifies that a judge must review the information to determine whether there is probable cause when the judge issues a warrant instead of a summons or when the judge issues a warrant based on a defendant’s failure to appear on a summons.

Posted: March 11, 2021

Rules of Juvenile Procedure – Comment Period Closed April 25, 2021

URJP016. Transfer of delinquency case. Amended. Makes revisions to transferring delinquency cases between judicial districts to reflect statutory changes made by H.B. 285 Juvenile Recodification.

URJP016A. Transfer of a non-delinquency proceeding. New. A new rule establishing procedures for transferring non-delinquency cases between judicial districts in response to statutory changes contained in H.B. 285 Juvenile Recodification.

URJP017. The petition. Amended. Updates statutory references and makes revisions to the contents to be included in a petition for termination of parental rights to reflect statutory changes contained in H.B. 285 Juvenile Recodification.

Posted: February 9, 2021

Rules of Criminal Procedure – Comment Period Closed March 26, 2021

URCrP017.5. Hearings with contemporaneous transmission from a different location. (AMEND). The proposed amendments will allow toxicologists to testify through remote transmission in misdemeanor cases provided appropriate safeguards are in place.

Posted: February 8, 2021

Rules of Evidence – Comment Period Closed March 25, 2021

URE0507.01. (NEW). Behavioral Or Medical Emergency Services Technician-Patient. New evidentiary privilege covering confidential communications between a patient and a medical or behavioral emergency services technician, made during the provision of behavioral emergency services. This rule is a companion to proposed Senate Bill 53 (SB 53), creating a new first responder position—Behavioral Emergency Services Technician (“BEST”)—and its adoption is dependent upon the passage of that bill. The effective date of the rule would coincide with the effective date of Department of Health guidelines governing the function and scope of the BEST position.

Posted: February 5, 2021

Rules of Civil Procedure – Comment Period Closed March 22, 2021

DISCLOSURE AND DISCOVERY AMENDMENTS

URCP026. General provisions governing disclosure and discovery. Amend. The proposed amendments to Rule 26 extend several discovery timelines and clarify multiple provisions. The amendments also include the language currently proposed in SJR004 (2021), which addresses a party’s duty to pay an expert witness’s hourly fee for attendance at a deposition (lines 113-114).

FAMILY LAW AMENDMENTS

As a whole, the family law amendments below are intended to

make case names more neutral and less antagonistic;
shorten the presumptive discovery period for domestic cases;
implement the case management recommendations of the “Report and Recommendations to the Standing Committee on Children and Family Law;” and
address issues raised in a recent legislative audit.

URCP010. Form of pleadings and other papers. Amend.

URCP012. Defenses and objections. Amend.

URCP026. General provisions governing disclosure and discovery. Amend.

URCP026.01. Disclosure and discovery in domestic relations actions. Amend.

URCP100A. Case Management of Domestic Relations Actions. NEW.

URCP104. Divorce decree upon affidavit. Amend.

URCP106. Modification of final domestic relations order. Amend.

Posted: February 5, 2021

Rules of Juvenile Procedure – Comment Period Closed March 22, 2021

URJP026. Rights of minors in delinquency proceedings. Amended. Make revisions to bring the rule in compliance with S.B. 32 Indigent Defense Act Amendments (2019); specifically Utah Code Sections 78B-22-102 and 78B-22-204.

Posted: February 5, 2021

Rules of Appellate Procedure – Comment Period Closed March 22, 2021

URAP043. Certification by the Court of Appeals to the Supreme Court. Amend. The proposed amendments to Rule 43: (1) change the due date from ten days to 14 days in 43(b)(1); (2) comport the rule with Standing Order 11 (regarding filing documents by email); and (3) clean up other language for clarity and consistency.

Posted: January 28, 2021

Code of Judicial Administration – Comment Period Closed March 14, 2021

CJA02-0211. Compliance with the Code of Judicial Administration and the Code of Judicial Conduct. AMEND. Expands the ability to report allegations of a failure to comply with the provisions of the CJA and the CJC to any court employee. Allows information identifying the complainant to be omitted from reports to the Judicial Council. If the allegations involve inappropriate behavior toward the complainant, the complainant must be made aware of any corrective action taken. The complainant may ask for Judicial Council review of any decision made by the presiding officer.

Posted: January 28, 2021

Rules of Criminal Procedure – Comment Period Closed March 14, 2021

URCrP042. Automatic expungement. NEW. A new rule establishing procedures for automatic expungement of certain cases described in Utah Code §77-40-114.