Utah Court Rules – Published for Comment
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Posted: May 19, 2020
CJC03.7. Participation in Educational, Religious, Charitable, Fraternal, or Civic Organizations and Activities. Amended. The amendment modifies the circumstances under which judges may solicit funds for a judicial project.
Posted: May 18, 2020
Reason for changes
Changes to the rules reflect that OPC is now under the supervision of the OPC Oversight Committee. The requirement that attorneys admitted on motion attend the OPC Ethics School has been removed. A definition for “formerly admitted applicant” has been added. In Rule 14-712(c)(1), the time permitted to transfer a UBE score has been extended from 24 to 36 months. Other changes include cleanup of typographical and numbering errors.
USB14-0701. Definitions.
USB14-0705. Admission by motion.
USB14-0707. Application: deadline; withdrawals; postponements and fees.
USB14-0708. Character and fitness.
USB14-0711. Grading and passing of the Bar Examination.
USB14-0712. Qualifications for admission based on UBE.
USB14-0714. Unsuccessful Applicants: disclosure and right of inspection.
USB14-0716. License fees; enrollment fees; oath and admission.
USB14-0717. Readmission after resignation or disbarment of Utah attorneys.
USB14-0718. Licensing of Foreign Legal Consultants.
USB14-0719. Qualifications for admission of House Counsel Applicants.
Posted: May 13, 2020
URAP029. Oral arguments. Amend. The proposed amendments to URAP Rule 29 explain that the appellate courts may hold oral argument by alternative means, including phone and videoconference.
URAP048. Time for petitioning. Amend. First, the proposed amendments to URAP Rule 48(c) clarify that the new proposed paragraph (b) of Rule 35 does not affect the time for filing a petition for a writ of certiorari, unless the Court of Appeals treats the request as a petition for rehearing under Rule 35(a). Second, the proposed amendments to Rule 48(e) are meant to conform to current Supreme Court practices in reviewing requests for time extensions. Third, the proposed amendments remove paragraph (f) to conform with Standing Order 11. Fourth, there are generally clean-up amendments proposed throughout the rule.
Posted: May 1, 2020
CJA03-0402. Human Resources Administration (AMEND). Clarifies language, provides consistency with relevant state statutes and current practices, and aligns with the Judicial Council direction.
CJA04-0202.08. Fees for records, information, and services (AMEND). Amendments account for the use of thumb drives and other current technology, and increase the charge for storage devices from $10.00 to $15.00.
CJA04-0411. Courthouse Attire (NEW). To ensure that Utah’s courts are open in accordance with Article 1, Section 11 of the Utah Constitution while balancing the need for decorum in court proceedings and safety of all persons having business in Utah’s courthouses.
Posted: April 14, 2020
URJP009. Detention hearings; scheduling; hearing procedures. Amended. Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113 and brings rule in compliance with H.B. 384-Juvenile Justice Amendments (2020) and prior juvenile justice reforms. The revisions place restrictions on the amount of time and the conditions under which the minor may be held in detention. Requires a court determination of grounds for admission within 24 hours including weekends and holidays. Revises standard from reasonable basis to probable cause. Deletes the Advisory Committee Note.
URJP032. Initiation of ungovernability and runaway cases. Amended. Revised to reflect that petitions related to children who are ungovernable or are runaways may only be filed by the Division of Juvenile Justice Services pursuant to statutory changes contained in S.B.65-Child Welfare Amendments (2020).
Posted: April 13, 2020
URAP035. Petition for rehearing. Amend. The proposed amendments to Rule 35: (1) provide a mechanism for filing a letter for nonsubstantive/clerical errors, (2) incorporate Standing Order 11 (regarding filing documents by email), and (3) include general cleanup for clarity and consistency.
URAP036. Issuance of remittitur. Amend. The proposed amendments to Rule 36 incorporate Standing Order 11 (regarding filing documents by email) and include general cleanup for clarity and consistency.
Posted: April 9, 2020
Proposed Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak. The proposed Order would modify the Bar Examination passage requirement on an emergency basis for certain eligible law school graduates, based upon the Utah Supreme Court’s constitutionally granted authority to regulate the practice of law in Utah, and in consideration of the public health threat currently posed by the novel infectious coronavirus (COVID-19). The Court will accept comments on this proposed Order through April 16, 2020.
Posted: April 7, 2020
USB14-0806. Admission pro hac vice. Amend. Proposed changes exempt from the rule non-Utah licensed attorneys who are representing an Indian Tribe in a child custody proceeding pursuant to the Indian Child Welfare Act. Other changes correct typos and remove the requirement that original documents be submitted with the application.
Posted: April 7, 2020
URAP028A. Appellate Mediation Office. Amend. The proposed amendments to Rule 28A incorporate the advisory committee note into the language of the rule and repeal the note.
URAP044. Transfer of improperly pursued appeals. Amend. The proposed amendments to Rule 44 incorporate the advisory committee note into the language of the rule and repeal the note.
Posted: April 6, 2020
CJA01-0205. Standing and ad hoc committees. Amend. Changes the composition of the Utah Judicial Council’s Standing Committee on Children and Family Law based, in part, on amendments to Utah law. Removes a legislative position, updates the mediator position, and adds a mental health professional.