Utah Court Rules – Published for Comment
The Supreme Court and Judicial Council invite comments about amending these rules. To view the proposed amendment, click on the rule number.
To submit a comment or view the comments of others, click on “Continue Reading.” To submit a comment, scroll down to the “Leave a Reply” section, and type your comment in the “Comment” field. Type your name and email address in the designated fields and click “Post Comment.”
Comments cannot be acknowledged, but all will be considered. Comments are saved to a buffer for review before publication.
Posted: December 20, 2019
CJC02.11. Disqualification. Amend. The amendments will clarify that a judge is disqualified from a case in which a lawyer in the proceeding supervises or is supervised by a judge’s family member, but the disqualification requirement is eliminated if the employing entity removes the family member from the lawyer’s line of supervision.
Posted: December 20, 2019
URCrP008. Appointment of Counsel. Amend. The amendments will change the requirements for capital case qualification, requiring experience to be as defense counsel and requiring education to be in-person training.
Posted: December 19, 2019
URAP021. Filing and Service. Amend. The proposed amendments to Rules 21 and 26 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email). Rule 21 amendments would allow parties to file and serve papers by email, with different requirements for briefs and papers other than briefs. Paragraph (f) directs the parties on electronic signatures. The amendments in proposed paragraph (b) incorporate the Standing Order’s timing for paying fees.
URAP026. Filing and Service of Briefs. Amend. The proposed amendments to Rule 26 address email service and number of paper copies required in the appellate courts.
Posted: December 9, 2019
CJA14-0721. Admission of undocumented immigrants. NEW RULE. This new rule will allow certain undocumented immigrants with deferred action status to be eligible for admission to the Utah Bar. The Utah Supreme Court has included a statement explaining the Court’s authority to create this rule.
Posted: November 20, 2019
URAP005. Discretionary appeals from interlocutory orders. Amend. The proposed amendments to Rules 5 and 10 incorporate substantial changes meant to streamline and modernize the appellate process. For example, the proposed addition of subsection (j) in Rule 5 defines the record on appeal and permits a party to submit an appendix to be filed separately with the party’s principal brief. The proposed amendments authorize citations to the record, to an appendix, or both.
URAP010. Procedures for summary disposition or simplified appeal process. Amend. The proposed amendments to Rule 10 allow specific classes of appeals to be designated for expedited review. The proposed amendments also narrow the grounds for parties to seek summary disposition by limiting such motions to jurisdictional objections. The Court retains its right to summarily dismiss, affirm, or reverse a case on its own initiative.
Posted: November 20, 2019
URCrP009. Proceedings for persons arrested without a warrant on suspicion of a crime. The approved amendments modify the times within which a defendant must appear in court after a warrantless arrest when the defendant has been unable to meet the release conditions set by the magistrate.
URCrP009A. Procedures for persons arrested pursuant to warrant. The approved amendments modify the times within which a defendant must appear in court when the defendant has been arrested pursuant to a warrant and has been unable to meet the release conditions set by the court.
Posted: November 19, 2019
URJP009. Detention hearings; scheduling; hearing procedures. Amended. Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113. 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. Deletes the Advisory Committee Note. [Note: The Advisory Committee is continuing its discussion on whether the appropriate standard in the rule should be reasonable basis, reasonable grounds or probable cause and may address this question in a separate rule revision at a later date.]
Posted: October 22, 2019
URCP086. Licensed Paralegal Practitioners. NEW. Addresses applicability of Utah Rules of Civil Procedure to Licensed Paralegal Practitioners.
URCP065C. Post-conviction relief. AMEND. Addresses service of post-conviction petitions and the underlying court record.
Posted: October 22, 2019
URCrP004. Prosecution by information.
URCrP006. Warrant of arrest or summons.
Posted: October 9, 2019
CJA11-0401.Standing Committee on Appellate Representation and the Appellate Roster. Amend.
URAP038B. Qualifications for Appointed Appellate Counsel. Amend.
URAP058. Ruling. Amend.
The following is a brief summary of the rule amendments: