CJA04-0403 – Utah Court Rules – Published for Comment

Posted: November 26, 2024

Code of Judicial Administration – Comment Period Closes January 10, 2025

CJA 4-202.08. Fees for records, information, and services. Amend. The proposed amendments: 1) set the fee waiver limit for government entities at $10.00 per transaction to ensure consistent application across the state; 2) set the fee for access to audio records of court proceedings via the FTR Cloud at $10.00 per transaction; 3) allow the State Court Administrator and Clerks of Court to waive the one free copy limit; and 4) identify individuals and entities that qualify for bulk data fee waivers.

CJA 4-403. Electronic signature and signature stamp use. Amend. The proposed amendments grant district, juvenile, and justice courts the discretion to authorize clerks to electronically sign or stamp additional document types without judicial review by issuing a standing order signed by the presiding judge of the district, or for justice courts, a local standing order pre-approved by the presiding justice court judge of the district. The amendments also specify when such authorization must be documented in writing in the case.

Posted: August 24, 2022

Code of Judicial Administration – Comment Period Closed October 8, 2022

CJA04-0208. Automated case processing procedures. (AMEND) HB 139, deferred traffic prosecution, goes into effect on October 1, 2022. The amendments authorize the Administrative Office of the Courts to develop a process for issuing automated orders in deferred traffic prosecution cases, similar to the clean slate expungement process. Removes definitions of terms that are not included in the rule.

CJA03-0108. Judicial assistance. (AMEND) HB 139, deferred traffic prosecution, goes into effect on October 1, 2022. The amendments allow the presiding officer of the Council to appoint a district court presiding judge as the signing judge for deferred traffic prosecution orders in all district courts within the presiding judge’s district with jurisdiction over eligible cases.

CJA04-0403. Electronic signature and signature stamp use. (AMEND) HB 139, deferred traffic prosecution, goes into effect on October 1, 2022. The amendments allow the electronic signature of a judge to be automatically affixed to orders related to deferred traffic prosecution cases.

Posted: June 2, 2021

Code of Judicial Administration – Comment Period Closed July 17, 2021

CJA04-0403. Electronic signature and signature stamp use (AMEND). New Utah Rules of Civil Procedure 7A and 7B, effective May 1, 2021, replaced the order to show cause process with new “motion to enforce” procedures. Similar to the OSC process, a moving party files an ex parte motion and the court issues an order. The rule amendment allows clerks and judicial assistants to use, with prior approval, an electronic signature or signature stamp to process motions to enforce.

Posted: October 26, 2020

Code of Judicial Administration – Comment Period Closed December 10, 2020

CJA04-0202.02. Records Classification (AMEND). Clarifies that all records related to determinations of indigency are private records.

CJA04-0403. Electronic signature and signature stamp use (AMEND). Authorizes judges’ electronic signatures to be automatically affixed to automatic expungement orders.

Posted: December 26, 2019

Code of Judicial Administration – Comment Period Closed February 9, 2020

CJA04-0403. Electronic Signature and Signature Stamp Use. Amended. In conjunction with new URCP 109, authorizes automatically affixing electronic judicial signatures on certain standardized domestic relations injunctions.

CJA04-0503. Mandatory Electronic Filing. Amended. Requires Licensed Paralegal Practitioners to file documents electronically.

Posted: November 20, 2018

Code of Judicial Administration – Comment Period Closed at noon on January 4, 2019

CJA01-0205. Standing and Ad Hoc Committees. AMEND – adds Court Security Director as a member of the Court Facility Planning Committee.

CJA02-0208. Publication and Distribution. AMEND – remove requirement that AOC and TCEs “maintain a copy of the CJA and make it available for inspection during business hours.”

CJA03-0103. Administrative Role of Judges. AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0104. Presiding Judges. AMEND – clarifies responsibilities of presiding judges to coordinate with presiding justice court judges regarding magistrate rotation.

CJA03-0106. Legislative Activities. AMEND – clarify options available to judicial council in response to legislative activities.

CJA03-0107. Executive Branch Policy Initiatives. AMEND – clarify options available to judicial council in response to executive initiatives.

CJA03-0111. Performance Evaluation of Senior Judges and Court Commissioners. AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0413. Judicial library resources. AMEND – revises rule to conform with current practice and removes outdated provisions that no longer conform to current practice.

CJA03-0501. Insurance Benefits Upon Retirement. AMEND – adds “parental leave” to the “sick day” calculation for purposes of determining post-retirement insurance benefits.

CJA04-0202.09. Miscellaneous. AMEND – removes the requirement for a party to label a filing as private, protected, controlled, juvenile social / juvenile legal, or safeguarded.

CJA04-0403. Electronic signature and signature stamp use. AMEND – authorizes use of judge signature stamp on writs of habeas corpus ad prosequendum / testificandum for transport of federal prisoners. Authorizes use of judge signature stamp on forthcoming / proposed Rule 109 (Domestic Relations Injunctions) orders.

CJA04-0405. Juror and Witness Fees and Expenses. AMEND – makes various revisions to align rule with current business practices at court and state level.

CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees. AMEND – removes default requirement to provide documentation supporting affidavit of impecuniousity, authorizing judge to specifically request that such documentation be provided on a case by case basis.

Posted: June 26, 2018

Code of Judicial Administration – Comment Period Closed August 10, 2018

CJA03-0401. Office of General Counsel. Amend. Deletes certain unnecessary and outdated provisions. Removal of the language in lines 39-42 does not abdicate Judges’ responsibility to make their own decisions pursuant to the Code of Judicial Conduct.

CJA03-0414. Court Security. Amend. Allows the Court Security Director to possess a firearm and ammunition in a courthouse when qualified and requires court access cards to be color-coded.

CJA04-0403. Electronic Signature and Signature Stamp Use. Amend. Adds “orders appointing a court visitor” to the list of documents on which a clerk may use a judge’s signature stamp, with prior approval from a judge or commissioner.

CJA04-0701. Failure to Appear. Amend. Deletes the reference to failures to appear as a separate offense pursuant to S.B. 58, which eliminated the crime of failure to appear on a citation.

CJA04-0202.03. Records Access. Amend. Allows for access to certain records for Licensed Paralegal Practitioners. Allows access to juvenile court social records by entities or individuals providing services to juveniles.

CJA04-0202.09. Miscellaneous. Amend. Adds specific requirements for records access requests for email correspondence.

Posted: August 26, 2014

Code of Judicial Administration

CJA 03-0104. Presiding judges. Amend. Outlines the final determination for purposes of a case under advisement.
CJA 03-0403. Judicial branch education. Amend. Requires new judges to attend the first orientation program held after they have taken the oath of office. Provides an exception if attendance is excused by the Management Committee based on good cause.
CJA 04-0202.02 Records classification. Amend. Makes actions to remove an individual from the National Instant Background Check System private. Makes Qualified Domestic Relations Orders private.
CJA 04-0403. Signature stamp use. Amend. Provides for a clerk’s use of a judge’s or commissioner’s electronic signature when the clerk otherwise has permission under the rule to use the judge’s or commissioner’s signature stamp.

Posted: March 17, 2014

Code of Judicial Administration

CJA 04-0403. Signature stamp use. Amend. Allows a clerk to use a judge’s signature stamp, with permission, on orders on unopposed motions requesting the Department of Workforce Services to release debtor information. The rule is effective March 14, 2014 under Utah Code of Judicial Administration, rule 2-205, and is subject to change after the comment period.

Posted: May 15, 2013

Code of Judicial Administration

CJA 02-0103. Open and closed meetings. Amend. Technical changes. Adopts for the Judicial Council the new requirements of public bodies under SB 77. Effective May 14, 2013 under Rule 2-205. Subject to change after the comment period.
CJA 02-0104. Recording meetings. Amend. Requires additional public records to be published on the Utah Public Notice Website. Adopts for the Judicial Council the new requirements of public bodies under SB 77. Effective May 14, 2013 under Rule 2-205. Subject to change after the comment period.
CJA 03-0414. Court security. Amend. Removes duplicate reference to proselytizing in a courthouse.
CJA 04-0202.02. Records classification. Amend. Classifies the addendum to an appellate brief in a case involving termination of parental rights or adoption as a private record. Establishes the classification of a “safeguarded” record and which records are safeguarded records. Describes when jurors’ names are public, private or safeguarded.
CJA 04-0202.03. Records access. Amend. Describes who has access to safeguarded records. Modifies who has access to the juvenile court social file.
CJA 04-0403. Signature stamp use. Amend. Deletes acceptance of pleas in abeyance from the list of documents on which the clerk can sign for the judge with a signature stamp.
CJA 04-0906. Guardian ad litem program. Amend. Implements the requirements of Section 78A-2-228 for private guardian ad litem attorneys. Effective July 1, 2013 under Rule 2-205. Subject to change after the comment period.
CJA 06-0401. Domestic relations commissioners. Amend. Includes dating violence protective orders, authorized by HB 50, within the authority of court commissioners. Effective May 14, 2013 under Rule 2-205. Subject to change after the comment period.