Posted: April 9, 2018
Rules of Civil Procedure – Comment Period Closed May 24, 2018
URCP073 Attorney Fees. Amend. An overwhelming number of cases filed in the courts, especially debt collection cases, result in the entry of an uncontested judgment. The work required in most cases to obtain an uncontested judgment does not typically depend on the amount at issue. The amendments eliminate the schedule of fees based on the amount of damages and replace it with a single fee upon entry of an uncontested judgment and a larger fee in contested cases. Where additional work is required to collect on the judgment, the amendments provide a default amount for writs and certain motions, and eliminate the “considerable additional efforts” limitation of the prior rule. The rule remains flexible so that when attorney fees exceed the scheduled amounts, a party remains free to file an affidavit requesting appropriate fees in accordance with the rule.
Posted: April 6, 2018
Licensed Paralegal Practitioners Rules of Professional Conduct and Rules Governing Licensed Paralegal Practitioner – Comment Period Closed May 21, 2018
LPP1.03 Diligence. The proposed rule applies to Licensed Paralegal Practitioners and is part of the new chapter for Licensed Paralegal Practitioners’ Rules of Professional Conduct which was published for comment on August 31, 2017.
RGLPP15-0908 Conflict of Interest. The proposed rule applies to Licensed Paralegal Practitioners and is part of the new chapter for Licensed Paralegal Practitioners’ Fund for Client Protection which was published for comment on August 31, 2017.
Posted: March 27, 2018
Code of Judicial Administration – Comment Period Closed May 11, 2018
CJA09-0109 Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges, associate presiding judges, and education directors for justice courts. This rule is effective April 1, 2018 pursuant to UCJA Rule 2-205 and this is the second request for comment.
Posted: March 14, 2018
Code of Judicial Conduct – Comment Period Closed April 28, 2018
CJC02.2 Amend. The proposal adds language to the comment clarifying when legal error violates the Code.
CJC04.1 Amend. The proposal will exempt judicial candidates from certain prohibitions on political activity.
CJC04.2 Amend. The proposal will allow a judge to operate a retention election campaign if the judge anticipates public opposition.
Posted: March 14, 2018
Rules of Criminal Procedure – Comment Period Closed April 28, 2018
URCrP018 Amend. The rule change will clarify the number of peremptory challenges allowed when alternate jurors are called.
Posted: March 1, 2018
Utah Rules of Evidence – Comment Period Closed April 15, 2018
URE0504 Lawyer – Client. Amended. The amendments to the rule define new terms and
amend existing terms and modify the statement of privilege.
URE0507 New. A person receiving peer support services from a peer support team member has a privilege to refuse to disclose and to prevent another person from disclosing peer support communications.
Posted: February 8, 2018
Code of Judicial Administration – Comment Period Closed March 25, 2018
CJA11-104 Amend. The proposed amendment clarifies the process for submitting a proposed rule change for publication.
Posted: January 31, 2018
Code of Judicial Administration – Comment Period Closed March 17, 2018
CJA03-0111 Performance evaluation of senior judges and court commissioners. Amend. 1) Clarifies when court commissioners’ annual evaluations will be completed, by whom, and what the evaluation process will entail; 2) establishes when the presiding judge will prepare a performance plan versus a corrective action plan for a court commissioner; 3) moves the Judicial Council’s certification process from August to July; and 4) replaces the active senior judge performance evaluation process in paragraph (1) with a new process in paragraph (3)(B). Amended (3)(B) provides that the surveys the Judicial Council collects from the trial court executives, the Court of Appeals Clerk of Court, the Justice Court Administrator, and the presiding judges on an active senior judge’s performance will be informed by anonymous questionnaires completed each time the senior judge completes an assignment. In the trial courts, court staff and jurors will complete the questionnaires, and in the Court of Appeals, the other judges on the panel to which the senior judge is assigned and the law clerks with whom the senior judge works will complete the questionnaires. This is the second request for comment due to the addition of the fourth category of amendments.