Uncategorized – Utah Court Rules – Published for Comment

Posted: March 17, 2025

Rules of Criminal Procedure – Comment Period Closes May 1, 2025

URCrP007. Initial proceedings for class A misdemeanors and felonies. Amend.

URCrP007A. Procedures for arraignment on class B or C misdemeanors, or infractions. Amend.

Rules 7 & 7A are amended to require the collection of certain demographic information for a person subject to a pretrial protective order at the time of case initiation or when a party makes a request for a pretrial protective order. The demographic information collected is necessary to establish the pretrial protective order on both state and federal databases and maintain the record for enforcement purposes.

Posted: March 14, 2025

Code of Judicial Administration – Comment Period Closes April 28, 2025

CJA04-403. Electronic signature and signature stamp use (AMEND)
The proposed amendments grant district, juvenile, and justice courts the discretion to authorize clerks to use a judge’s or commissioner’s electronic signature or signature stamp on additional document types without judicial review by issuing a standing order signed by a presiding judge.

CJA04-111. Priority of post-conviction petitions in capital cases (AMEND)
The proposed amendments remove the requirement that the Administrative Office of the Courts prepare a monthly report on pending post-conviction petitions in capital cases because those reports are no longer needed.

Posted: March 11, 2025

Rules of Professional Conduct – Comment Period Closes April 25, 2025

Rule 3.3. Candor toward the tribunal. AMEND. The amendments align the rule and intent with the model rule as was originally done. Utah restructured this rule by renumbering paragraphs from the model rule. In doing so, the model language (now in subsection (d)) included that “the duties stated in paragraphs (a) and (b)” required disclosure but omitted the new paragraph (c). The language of Utah paragraph (c) is found in model rule paragraph (b). The comments were also amended to reflect correct citations. The Court has also removed the language “or is reckless with respect to its truth” from Comment 1. The Court approves this rule as final with an effective date of May 1, 2025, while simultaneously publishing it for public comment pursuant to CJA Rule 11-105.

Posted: March 11, 2025

Utah Rules of Civil Procedure – Comment Period Closes April 25, 2025

URCP026.4. Provisions governing disclosure and discovery in contested proceedings under titles 75, 75A, or 75B of the Utah Code. AMEND. This rule was previously amended to reflect the recodification of the probate code to reference additional Utah Code titles, as well as, to conform to the style guide for the rules. These additional amendments clarify the information that needs to be provided regarding any less restrictive alternatives to guardianship or conservatorship.

URCP101. Motion practice before court commissioners. AMEND. Proposed amendments to clarify scope, content, oral motions, service on unrepresented parties, exhibits and admissible evidence, page limits, hearings and orders.

Posted: February 25, 2025

Code of Judicial Administration – Comment Period Closed April 11, 2025

CJA01-205.Standing and ad hoc committees. AMEND.

The proposed amendments:
(1) add community representatives who are knowledgable about the needs of self-represented
litigants to the Court Facility Planning Committee, Committee on Children and Family
Law, Committee on Resources for Self-represented Parties, Language Access Committee,
Committee on Court Forms, and Committee on Fairness and Accountability;
(2) require the chair of each standing committee to conduct a committee performance
assessment every three years and report the results to the Management Committee; and
(3) make non-substantive formatting changes.

CJA03-306.04.Interpreter appointment, payment, and fines. AMEND.

The proposed amendments:
(1) require parties to provide a written transcript of recorded evidence involving a spoken
language other than English;
(2) with limited exceptions, prohibit parties from asking court interpreters to provide on-the-
spot translations of written documents or on-the-spot interpretation of recorded evidence;
(3) direct interpreters to review audio and video files recorded in English prior to a court
proceeding;
(4) require court interpreters to inform the court if they are unable to provide on-the-spot
interpretation or translations; and
(5) make non-substantive formatting changes.

Posted: February 7, 2025

Proposed Mandatory Continuing Legal Education Rule Changes – Comment Period Closed March 24, 2025

USB11-602. Definitions. Amend. Delete the term “Comity Certificate;” in Rule 11-602 and add the definitions of “Multi-State Reciprocity” and “Carry-Forward Hours”.

USB11-604. Active status lawyers MCLE, NLTP, admission on motion, multi-state compliance reciprocity, house counsel and UBE requirements; MCLE requirements for Paralegal Practitioners. Amend. Requesting changes to the MCLE rules permitting lawyers to carry CLE hours forward from one year to the next; permitting reciprocal credit for lawyers with primary offices out of state

USB11-611.Board Accreditation of CLE. Amend. Make technical revisions to Rule 11-611 to re-organize the steps required to receive approval for CLE which is not offered to all lawyers and licensed paralegal practitioners.

USB11-612. Presumptively approved CLE providers; presumptive CLE Accreditation. Amend. Change the capitalized word “Accreditation” to “accreditation” in Rule 11-612 and add the word “Rule” where it was inadvertently left out.

USB11-617. Miscellaneous fees and expenses. Amend. Add a filing fee for a lawyer to request “Multi-State Reciprocity” in Rule 11-617.

USB11-619. CLE Credit for Pro Bono Legal Services. Amend. Remove the expiration date from Rule 11-619 permanently allowing CLE credit for qualified pro bono services.

Posted: January 24, 2025

Code of Judicial Administration – Comment Period Closed March 7, 2025

CJA01-101. General definitions – Rules of construction (AMEND)
The proposed amendments clarify and update uniform definitions in the Code of Judicial Administration.

CJA04-510.03. Qualifications of ADR providers (AMEND)
The proposed amendments remove the option for applicants to qualify for inclusion on the Court-Approved Alternative Dispute Resolution roster by completing education, training, or experience requirements not listed in the rule.

Posted: January 2, 2025

Approved Amendments and Public Comment Period for Utah Rules of Criminal Procedure – Comment Period Closed February 16, 2025

The Supreme Court’s Advisory Committee on the Rules of Criminal Procedure updated citations to the Utah Code in Rules 6, 7, 7A, and 9. The amendments do not include any substantive changes to the Rules.

URCrP06. Warrant of arrest or summons. Amend.

URCrP07. Initial Proceedings for class A misdemeanors and felonies. Amend.

URCrP7A. Procedures for arraignment on class B or C misdemeanors, or infractions. Amend.

URCrP09. Proceedings for persons arrested without a warrant on suspicion of a crime.

Posted: November 4, 2024

Rules Governing the Utah State Bar – Admissions – Comment Period Closed December 19, 2024

USB14-701. Definitions. Amend.

• General cleanup for clarity and consistency.
• Adds that pro bono work under 14-803 is “Active Practice”.
• Adds definition for “Alternate Path”.
• Adds definition for “Alternate Path Examination”.
• Updates language referring to delicensed attorneys.
• Adds definition for “Experiential Learning”.
• Adds definition for “Final semester”.
• Modifies definition for Formerly-Admitted Applicant.
• Adds definition for “Professional Responsibility”.
• Changes definition of an “Unapproved Law School”.

USB14-702. Board – general powers. Amend.

• General cleanup for clarity and consistency.

USB14-703. Qualifications for admission of Student Applicants. Amend.

• General cleanup for clarity and consistency.
• Changes language to account for the Alternate Path as a means to admission.

USB14-703A. Alternate Path. Requirements. New.

• Outlines requirements for the proposed Alternate Path method of admission to the Bar.

USB14-704. Qualifications for admission of Attorney Applicants. Amend.

• General cleanup for clarity and consistency.
• Changes active practice of law requirement for applicants from Unapproved law schools.
• Changes the active practice of law requirement for applicants from foreign law schools.

USB14-705. Admission by motion. Amend.

• General cleanup for clarity and consistency.

USB14-706. Test accommodations. Amend.

• General cleanup for clarity and consistency.

USB14-707. Application; deadlines; withdrawals; postponements and fees. Amend.

• General cleanup for clarity and consistency.
• Modifies the background investigation requirements to allow Admissions Committee to prescribe method of investigations.
• Removes late filing deadlines for examinees.
• Gives Deputy General Counsel or the Character and Fitness Committee authority to keep an application open for more than one year.

USB14-708. Character and fitness. Amend.

• General cleanup for clarity and consistency.
• Adds language to reflect the position of financial obligations in the review of an applicant’s character and fitness.

USB14-709. Application denial. Amend.

• General cleanup for clarity and consistency.

USB14-711. Grading and passing the Bar Examination. Amend.

• General cleanup for clarity and consistency.
• Adds language about appeal process specifically for paragraph (f).

USB14-712. Qualifications for admission based on UBE. Amend.

• General cleanup for clarity and consistency

USB14-714. Unsuccessful Applicants disclosure and right of inspection. Amend.

• General cleanup for clarity and consistency.

USB14-715. Requests for Review. Amend.

• General cleanup for clarity and consistency.

USB14-716. License fees; enrollment fees; oath and admission. Amend.

• General cleanup for clarity and consistency.
• Updates information to match the current relationship of admissions to the Utah Supreme Court and the District Court for the District of Utah.

USB14-717. Readmission of Utah attorneys after resignation with discipline, administrative suspension for three or more years, resignation with discipline, or delicensure. Amend.

• Updated title of rule for consistency.
• General cleanup for clarity and consistency.
• Changes requirement that a Formerly-Admitted Attorney applying under Rule 14-704 does not need to retake the bar examination but must complete the New Lawyer Training Program.

USB14-718. Licensing of Foreign Legal Consultants. Amend.

• General cleanup for clarity and consistency.

USB14-719. Qualifications for admission of House Counsel Applicants. Amend.

• General cleanup for clarity and consistency.
• Adds language indicating that House Counsel can not use lack of notice from the Bar as a defense to continuing to practice as House Counsel after authorization has ceased based on a triggering event.

USB14-720. Confidentiality. Amend.

• Removes language allowing Bar to disclose names of Applicants.
• General cleanup for clarity and consistency.

USB14-721. Admission of Deferred Action for Childhood Arrivals recipients. Amend.

• General cleanup for clarity and consistency.

Posted: October 28, 2024

Code of Judicial Administration – Comment Period Closed December 12, 2024

CJA03-302.Clerk of the court. Amend. The proposed amendments bring the rule in line with current practice, help court employees understand the Clerk of Court’s role, and update language and other terms for consistency purposes.

CJA03-303. Justice court clerks. Amend. The proposed amendments clarify the role of non-court staff in justice court operations and codify the Judicial Council’s decision to restrict access to the courts’ case management system when certification requirements have not been met.

CJA04-401. Proceedings conducted by remote transmission. New. The proposed rule requires that remote court proceedings be conducted exclusively via a video conferencing platform approved by the Judicial Council. The Council may grant exceptions.

CJA01.205. Standing and ad hoc committees. Amend.

CJA03-114. Judicial outreach. Repeal. The proposed amendments: 1) create a Tribal Liaison Committee; 2) remove the general counsel member position from the Working Interdisciplinary Network of Guardianship Stakeholders Committee (WINGS); 3) eliminate the Pretrial Release and Supervision Committee; and 4) repeal the Judicial Outreach Committee. The Outreach Committee’s work will be absorbed by the Committee on Fairness and Accountability.