Author: Utah Courts

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Rules of Criminal Procedure – Comment Period Closed September 1, 2019

URCrP009. The proposed 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. The proposed 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.

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Rules of Civil Procedure – Comment Period Closed August 11, 2019

URCP007A. Motion to enforce order and for sanctions. New. Creates a new, uniform process for enforcing court orders through a regular motion practice. Replaces the current order to show cause process.
URCP007. Pleadings allowed; motions, memoranda, hearings, orders. Amend. Repeals paragraph (q) and moves the provisions addressing the court’s inherent power to initiate order to show cause proceedings to new Rule 7A(h).

URCP100. Coordination of cases pending in district court and juvenile court. Amend. To ensure better coordination of cases between courts, Rule 100 is amended to clarify that parties who have a child custody case in one court must notify that court of any other custody case in another court involving the same party or the same child. Custody cases include minor guardianship.

 

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Rules of Civil Procedure and Code of Judicial Administration – Comment period closes August 8, 2019

URCP026.04. Provisions governing disclosure and discovery in contested proceedings under Title 75 of the Utah Code. New. Carves out the circumstances under which an objection to a probate petition may be made, as well as the initial disclosures and timelines for discovery.

CJA06-506. Procedure for contested matters filed in the probate court. New. Codifies a long-standing probate mediation practice in the Third District, makes probate mediation statewide, institutes a pre-mediation conference, and addresses the role of interested persons.

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Code of Judicial Administration – Comment Period Closed July 6, 2019

CJA01-0204. Executive Committees. AMEND – Clarifies role of Policy and Planning Committee regarding human resources policies and procedures.

CJA03-0402. Human Resources Administration. AMEND – Updates committee membership and clarifies workflow for processing proposed revisions to the human resource policies and procedure.

CJA04-020.03. Records access. AMEND – Permits a parent or guardian of a minor victim to access the disposition order entered in a delinquency case.

CJA04-0903. Uniform custody evaluations. AMEND – Adds “Licensed Clinical Mental Health Counselor” to list of professionals who may perform custody evaluations.  Removes from the rule the list of factors required to be considered by evaluator, instead directing that all custody factors set forth in statute must be considered.

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Rules of Appellate Procedure – Comment Period Closed June 21, 2019

URAP045. Review of judgments, orders, and decrees of court of appeals. Amend. Conforms the rule to current practice in providing that unless the rule requires otherwise, every reference in Rules 45 through 51 to a petition or petitioner includes a cross-petition or cross-petitioner, respectively.

URAP049. Petition for writ of certiorari. Amend. Corrects an erroneous reference in paragraph (a)(6)(C) from Rule 47(c) to Rule 48(d)(1)(B).

 

 

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