Category: URCP065C

URCP065C. Post-conviction relief. AMEND. The amendments clarify and update procedures governing post-conviction relief, including removing language permitting summary dismissal based solely on prior adjudication while retaining summary dismissal for claims that are frivolous on their face. The amendments also address memoranda of law, establish page and word limits, revise response deadlines and procedures, and update provisions concerning appointment of counsel, court records, hearings, discovery, and post-relief procedures.

URCP088. Form and validity of signed declarations; verification and acknowledgement of documents. NEW. This new rule establishes uniform requirements for sworn and unsworn declarations and verified documents. The rule provides that a qualifying unsworn declaration generally has the same effect as a sworn declaration, prescribes a form for unsworn declarations, and establishes requirements for verified documents, including personal knowledge, competency to testify, and confirmation that the matters stated are true and correct.

URCP0103. Child protective orders. AMEND. The amendments align the rule with Utah Rule of Juvenile Procedure 37A by removing outdated requirements concerning recording equipment and operator competency. The amendments also clarify that the person conducting a recorded interview of a child must be present and available to testify and be cross-examined if requested by a party or the court.

URCP007 Pleadings allowed; motions, memoranda, hearings, orders. Amend. Returns pre-2015 paragraph (b)(2) language addressing limits on orders to show cause to new paragraph (q).

URCP065C Post-conviction relief. Amend. Expressly makes all records in the criminal case under review, including the records in an appeal of that conviction, part of the trial court record in the petition for post-conviction relief.

URCP 004. Process. Amend. Deletes the requirement that a summons published in a newspaper must be in an English language newspaper.
URCP 065C. Post-conviction relief. Amend. Adds appointment of pro bono counsel in accordance with Sections 78B-9-109 and -202.