Utah Court Rules – Published for Comment
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Posted: August 26, 2015
CJA 04-0202.02. Records classification. Amend. Deletes maiden name and mother’s maiden name from the lists of private and safeguarded information. Classifies juvenile court mediation disposition notices as juvenile court social records. Exempts information required by Utah Code section 78A-6-304(4) from being classified as safeguarded.
Posted: July 30, 2015
CJA 04-0202.02. Records classification. Amend. Classifies appellate filings, including briefs, as public. Classifies records maintained and prepared by juvenile probation, except for those filed with the court, as protected.
CJA 04-0202.03. Records access. Amend. Provides that a person given access to a record in order for juvenile probation to fulfill a probation responsibility may access a safeguarded record.
CJA 04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. Amend. Provides that a party with an interest in a case may move or petition a court with jurisdiction or a court that no longer has jurisdiction to reclassify a record or to have information redacted from the record. Adds all possible classifications. Provides that the relevant rules of procedure apply to such motions or petitions. Gives the appellate clerk responsibility for protecting sealed briefs and removing information ordered to be redacted. Provides that a court order is only binding on the court, the parties to the petition, and the state law library, unless otherwise ordered.
CJA 04-0202.09. Miscellaneous. Amend. Provides that a party may move, or a non-party interested in a record may petition, to classify a record as private, protected, sealed, safeguarded, juvenile court legal, or juvenile court social, or to redact non-public information from a public record.
CJA 04-0205. Security of court records. Amend. Provides that an appellate clerk is responsible for expunging records upon an order of expungment, but that a brief will be public unless it is otherwise classified through an order on a motion or petition.
CJA 04-0901. Mandatory electronic filing in juvenile court. New. Requires that pleadings and other papers filed in existing juvenile court cases on or after December 1, 2015 shall be filed electronically in C.A.R.E. Requires that pleadings and other papers filed to initiate juvenile court cases on or after August 1, 2016 shall be filed electronically in C.A.R.E.
Posted: June 25, 2015
The following rules provide that court business and hearings may be conducted remotely by contemporaneous transmission from a different location, as long as certain standards are met.
CJA 03-0302. Clerk of the Court. Amend.
CJA 04-0106. Electronic conferencing. Amend.
CJA 09-0105. Justice Court hours. Amend.
URCP 043. Evidence. Amend.
URCrP 017.5 Hearings with contemporaneous transmission from a different location. New.
URJP 029B. Hearings with contemporaneous transmission from a different location. New.
URJP 037B. Hearings with contemporaneous transmission from a different location. New.
Posted: June 25, 2015
CJA 04-0202.02. Records classification. Amend. Provides that adoption records become public on the one hundredth anniversary of the date of the final decree as required by statute. Makes notices from the U.S. Bankruptcy Court private.
CJA 04-0905. Restraint of minors in juvenile court. New. Provides for the proper restraint of minors in juvenile court proceedings. Provides that ex parte communications related to restraint are not prohibited, but that the judge or commissioner shall notify all parties of the communication as soon as possible and give them an opportunity to respond.
Posted: May 14, 2015
CJA 01-0205. Standing and ad hoc committees. Amend. Adds a criminal law professor to the Model Criminal Jury Instructions Committee.
CJA 03-0201. Court commissioners. Amend. Provides a public comment process for commissioner nominations and reappointments.
CJA 04-0502. Expedited procedures for resolving discovery issues. Repeal. Repeals rules 4-502 as expedited procedures for resolving discovery issues are now covered by rules 26, 30, 37, and 45 of the Utah Rules of Civil Procedure.
CJA 04-0603. Mandatory electronic filing. Amend. Provides that a person seeking a hardship exemption may do so by filing a written request in lieu of a form provided by the AOC.
Posted: March 31, 2015
CJA 01-0205. Standing and ad hoc committees. Amend. Eliminates the Justice Court Standards Committee. Provides that the Judicial Council’s Management Committee shall review standing and ad hoc committees every six years and make a recommendation to the Judicial Council as to whether the committee should continue. Allows the committees to meet as needed.
CJA 03-0109. Ethics Advisory Committee. Amend. Gives the committee 60 days to issue an opinion. Allows the committee chair to extend the time for deliberations on an opinion when necessary. Allows the boards of judges to request reconsideration of an opinion.
CJA 03-0112. Justice Court Standards Committee. Repeal. Eliminates the Justice Court Standards Committee in conjunction with the responsibility for justice court standards being moved to the Board of Justice Court Judges.
CJA 03-0418. Model Utah Jury Instructions. New. Provides direction on developing jury instructions to the committees on the Model Utah Jury Instructions.
CJA 04-0202.02. Records classification. Amend. Classifies affidavits supporting motions to waive fees as private records.
CJA 06-0501. Reporting requirements for guardians and conservators. Amend. Requires a guardian or conservator to file a verified Private Information Record with the AOC within 7 days of appointment.
CJA 09-0101. Board of Justice Court Judges. Amend. Gives the Board of Justice Court Judges responsibility for overseeing justice court standards.
CJA 09-0108. New. Outlines the justice court standards as previously provided in rule 3-112.
Posted: February 24, 2015
CJA 04-0401.01. Electronic media coverage of court proceedings. Amend. Provides a presumption of electronic media coverage in court proceedings where the predominant purpose of the coverage is journalism or dissemination of news to the public. Provides that all requests for electronic media coverage must come through the court’s public information office. Requires that news reporters providing pool coverage shall promptly share their files with other news reporters and that news reporters must be willing and able to share their files to be approved to provide coverage.
Posted: November 28, 2014
CJA 01-0205. Standing and ad hoc committees. Amend. Reauthorizes numerous Judicial Council standing committees. Adds a representative from the Self-Help Center to the Committee on Resources for Self-represented Parties.
CJA 11-0101. Creation and Composition of Advisory Committees. Amend. Provides for appointment of mid-term committee vacancies in the same manner as an end-of-term vacancy. Changes the circumstances for reappointment for more than two terms.
CJA 11-0301. Utah Standards of Judicial Professionalism and Civility. New. Establishes standards of professionalism and civility for Utah judges.
CJA Appx F. Utah State Courts Records Retention Schedule. Amend. Adds a retention period of 5 years for civil stalking injunction records. Changes the retention policy for numerous juvenile court records. Provides that expunged records shall be retained for the same time as though the record had not been expunged, or for one year after the final decision on the petition for expungement, whichever is longer. Provides that case under advisement forms shall be retained for 6 years after the end of the term during which the form was submitted.
Posted: October 28, 2014
CJA 01-0205. Standing and ad hoc committees. Amend. Makes the Committee on Model Utah Civil Jury Instructions and the Committee on Model Utah Criminal Jury Instructions standing committees of the Judicial Council. Outlines the membership makeup of each committee. Makes technical corrections. Effective October 27, 2014 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.
CJA 03-0111. Performance evaluation of senior judges and court commissioners. Amend. Requires senior judges in the district, juvenile and justice courts to undergo a performance evaluation annually. Requires senior judges in the appellate court to undergo a performance evaluation every 3 years. Changes the evaluation criteria to more closely match the JPEC criteria.
CJA 11-0101. Creation and Composition of Advisory Committees. Amend. Provides for appointment of mid-term committee vacancies in the same manner as an end-of-term vacancy. Changes the circumstances for reappointment for more than two terms.
Posted: August 26, 2014
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.