Utah Legal Research Resources
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Utah Constitution
The Utah Constitution establishes the framework for Utah government.
Current Utah Constitution
Browse by Title or Search by Keyword (le.state.ut.us)
The Utah Constitution is also published in the Utah Code, which is available in print at Utah's law libraries and many public libraries.
Constitutional Convention
The Official report of the proceedings of the debates of the Constitutional Convention (le.state.ut.us) is a transcript of the proceedings of the constitutional convention held in 1895.
The Proceedings are also available in print at Utah's law libraries.
Legislative Branch
The legislative branch of government introduces legislation to make new laws, and to amend or repeal existing laws. Legislation not vetoed by the governor becomes state law. The legislative session starts on the third Monday in January and runs for 45 days. Visit the Utah Legislature's website (le.utah.gov) for more information about this branch of government.
Current Utah Code
Browse by Title or Search by Keyword
The Utah Code is the compilation of the laws of the state passed by the legislature, arranged by subject. Print copies of the Utah Code are available at Utah's law libraries and many public libraries.
There are three print versions of the Utah Code:
- Utah Code Annotated, 1953 ed., and West's Utah Code Annotated are hardbound, multi-volume sets containing the Utah Code together with commentaries or explanations at the end of each section of the Utah Code. These commentaries are not part of the official code but may be helpful in interpreting the law. They include a legislative history, collateral references, cross references, compiler's notes, annotations, and comparable provisions.
- The Utah Code Unannotated is a softbound, five-volume set that contains only the actual text of the current laws of Utah and is published each year to incorporate any changes.
Older Versions of the Utah Code
Territorial Utah codes (content.lib.utah.edu) (1847-1888) are available online from the J. Willard Marriott Library's Digital Collections.
Utah's law libraries and the Utah History Research Center (historyresearch.utah.gov) have historical collections of Utah codes back to territorial times.
The Utah Code is cited by title, chapter and section:
UT Code § 76-5-302
(title 76, chapter 5, section 302)
Legislative History
Information about the legislature and legislative history research is available from these resources:
- How to Research Utah Legislative History (S.J. Quinney Law Library - law.utah.edu)
- Legislative Intent and Legislative History (Utah Division of State Archives - archives.utah.gov)
- Utah Legislative Resources (Utah State Law Library)
- The Utah Legislature's Citizen's Guide (le.utah.gov) provides information about the legislative process.
The Legislative Research Library & Information Center (le.state.ut.us) provides information about the Legislature and its activities. (le.state.ut.us)
Executive Branch
The executive branch implements and enforces the laws passed by the legislature. The executive branch includes the Governor and administrative agencies, such as the Labor Commission, Motor Vehicle Division, and Tax Commission. The legislature delegates rulemaking authority to administrative agencies, and some administrative agencies also have some adjudication powers.
Utah Administrative Code (UAC - rules.utah.gov)
The Utah Administrative Code contains the regulations of all Utah agencies, arranged by agency. The current regulations are available in print at Utah's law libraries and some public libraries.
The print UAC is annotated, which includes history notes and case law annotations, as well as the full text of all the permanent administrative rules of Utah and is a 10-volume softbound, annually replaced set. Utah's law libraries and the Utah History Research Center (historyresearch.utah.gov) have historical collections of the UAC.
The UAC is cited by title, rule and section:
UT Admin Code R15-34-6
(title 15, rule 34, section 6)
Utah State Bulletin (rules.utah.gov)
The Utah State Bulletin is an official publication of the Division of Administrative Rules. It is Utah's equivalent to the Federal Register and includes proposed rules, rule analyses, notices of effective dates, and review notices. It also includes public notices, and Governor's executive documents.
Utah State Digest (rules.utah.gov)
The Utah State Digest is a summary of the information found in the Utah State Bulletin. The primary difference between the Bulletin and the Digest is that the Digest does not contain the text of administrative rules or other documents.
The Bulletin and the Digest are electronic publications. Utah's law libraries and the Utah History Research Center (historyresearch.utah.gov) have historical print collections of the Bulletin and the Digest.
Executive Orders and Proclamations (rules.utah.gov)
The Governor periodically issues Executive Orders and Proclamations. 1993-current executive documents are available online. Older executive documents are published in the Utah State Bulletin, which is available in print at Utah's law libraries and the Utah History Research Center (historyresearch.utah.gov).
Attorney General Opinions (attorneygeneral.utah.gov)
Attorney General Opinions are issued in response to requests by state agency officials and state legislators for legal questions related to their official duties. These opinions are not law, but advice to state officials on questions of law and how the law applies to a particular fact situation.
1990 - current Attorney General opinions are available on the Attorney General's website. Older opinions are available at Utah's law libraries and the Utah History Research Center (historyresearch.utah.gov).
Judicial Branch
The judicial branch resolves disputes between parties, interprets the law, upholds the constitution and protects the rights of Utahns. Utah's court system includes trial courts (justice, juvenile and district courts) which hear evidence and decide the facts of a case, and appellate courts (court of appeals and supreme court), which hear appeals from lower courts.
Utah Judicial Council
The Utah Judicial Council is the policy-making body for the judiciary. It has the constitutional authority to adopt uniform rules for the administration of all the courts in the state. The Council also sets standards for judicial performance, court facilities, support services, and judicial and non-judicial staff levels.
Appellate Court Decisions
The Supreme Court is the highest court in Utah and has original jurisdiction to answer questions of state law certified from Federal Courts and to issue extraordinary writs. The Court has appellate jurisdiction to hear first degree and capital felony convictions from the District Court and civil judgments other than domestic cases. It also reviews formal administrative proceedings of the Public Service Commission, Tax Commission, School and Institutional Trust Lands Board of Trustees, Board of Oil, Gas, and Mining, and the State Engineer. The Supreme Court also has jurisdiction over judgments of the Court of Appeals by writ of certiorari, proceedings of the Judicial Conduct Commission, and both constitutional and election questions.
Supreme Court decisions are available online 1996-current, and are released on Tuesdays and Fridays.
The Court of Appeals hears all appeals from the Juvenile and District Courts, except those from the small claims department of a District Court. It also determines appeals from District Court involving domestic relations cases, including divorce, annulment, property division, child custody, support, visitation, adoption and paternity, and criminal matters of less than a first degree or capital felony. The Court also reviews appeals of administrative proceedings by state agencies including the Utah Industrial Commission and the Department of Employment Security Career Service Review Board. It also has jurisdiction to hear cases transferred to it by the Supreme Court.
Court of Appeals decisions are available online 1996-current, and are released on Thursdays.
Newly-released published appellate decisions are available in print at Utah's law libraries.
Utah appellate opinions are eventually published in the Utah Reporter, which is a collection of the Utah cases from the Pacific Reporter (P.2d and P.3d). The Pacific Reporter and the Utah Reporter are available at Utah's law libraries.
Slip opinions are cited by case name, year, court, and opinion number:
Smith v. Jones, 2001 UT 29
(Supreme Court Case)Smith v. Jones, 1999 UT App 16
(Court of Appeals Case)Citations to published opinions should include the universal citation (described above) and the Pacific Reporter citation, which includes the case name, volume and page of the reporter, court and date:
Smith v. Jones, 2001 UT 29, 24 P.3d 928
volume 24 of the Pacific Reporter, third series, on page 928
Appellate Briefs
Briefs are the written arguments of parties stating the reasons why the appellate court should rule in their favor.
Examples of briefs submitted in other appeals can be helpful. The Utah State Law Library has a collection of briefs filed in the Utah Supreme Court (1929 and 1940s-current, docket # 4922-4932 and 6190- ) and Utah Court of Appeals (1986-current). Less comprehensive collections of briefs are also available at BYU's Howard Hunter Law Library (law2.byu.edu) and University of Utah's S.J. Quinney Law Library (law.utah.edu).
Briefs can be used as examples of what your brief should look like, but you must be sure to follow the requirements specified in the Utah Rules of Appellate Procedure. Remember that the arguments in a brief are specific to that appeal, and may not apply to your situation.
Briefs can also be used as a legal research tool. They contain legal arguments designed to persuade the court by analyzing legal issues and citing legal sources. If you have found decisions of the Utah Supreme Court or Utah Court of Appeals that are similar to your case, library staff can help you look up the briefs to see what those parties argued.
Utah Court Rules
Court Rules are the rules for the administration of state courts and for practice and procedure in civil and criminal cases established by the supreme court. The supreme court has also adopted rules for the practice of law in Utah and procedural rules for appellate and juvenile matters.
The print version is available at Utah's law libraries and some public libraries. Utah's law libraries also have a historical collection of the Utah Court Rules. The print version of the rules are published annually in April with an October update.
Court Rules are cited by type of rule and rule number:
Appellate Rule 48 Civil Rule 4 Evidence Rule 702
Notice of Rule Changes and Proposed Rules are posted on the court's website.
Jury Instructions
Jury instructions are used in trials to instruct jurors about the law that applies in the case they are deciding. Lawyers may also use jury instructions as they prepare for trial to ensure they address all the elements of their case.
The Model Utah Jury Instructions, 2nd edition (MUJI 2d), are available on the court's website. Civil and criminal instructions are available. Links to jury instructions from other jurisdictions are also provided.
Tools for Non-Lawyers
Forms
Legal form books provide sample language you may use on documents to file with the court. Some forms are fill-in-the-blank, while others only provide language that you will need to tailor to your situation. Forms are not available for every situation, and you should consider consulting an attorney to assist you. Each person's legal situation is unique. Court staff cannot advise you about what language to use and library staff cannot select forms for you.
- Utah's law libraries will have a variety of general form books, such as West's Legal Forms, American Jurisprudence Legal Forms, American Jurisprudence Pleading & Practice Forms, and Federal Practice and Procedure.
- Some forms are published in Appendix of Forms of the Utah Court Rules Annotated.
- The court's Online Court Assistance Program (OCAP) is a free online program that helps you generate the paperwork for Divorce, Landlord-Tenant, Guardianship of a Minor and Stalking or Protective Order matters.
- Other court forms are available on the court's website for matters such as Child Support, Garnishment and Name Change.
Law Books for Non-Lawyers at the Utah State Law Library
Your public library may also have these titles…and others -
Legal Clinics
Legal Glossary
Legal Research & Information
- How to Research a Legal Problem: A Guide for Non-Lawyers (aallnet.org) by the American Association of Law Libraries
- The court's Self Help Resources page has information about common court procedures
- The American Bar Association's Public Resources page has information on a variety of topics
Representing Yourself in Court
Utah Legal Agencies and Organizations
Other Resources
Utah Bar Association
The Utah Bar Association (utahbar.org) is a mandatory Bar, and under the auspices of the Utah Supreme Court, administers the bar admission and discipline process. The Bar also has an active CLE program, a lawyer referral service, substantive law sections and various membership services.
The Bar Association website includes a Find a Utah Lawyer Directory. (utahbar.org)
Information about the lawyer discipline process is available on the Bar Association's Office of Professional Conduct web page. (utahbar.org)
Adopted ethics opinions (utahbar.org) are issued by the Ethics Advisory Opinions Committee in response to attorney requests for ethics advice.
Utah City and County Codes
City and county codes are the laws of local governments. Links to online Utah municipal codes are provided on the S.J. Quinney Law Library's Utah Law and Links page (law.utah.edu - scroll down to City Ordinances section). Your community public library may have a copy of your local county or municipal code.
The Utah City and County Government page (utah.gov) provides links to Utah city and county government websites.
Utah Legal Journals
- BYU Education and Law Journal (law2.byu.edu)
- BYU Law Review (lawreview.byu.edu)
- Journal of Law & Family Studies (law.utah.edu)
- Journal of Land, Resources and Environmental Law (law.utah.edu)
- Journal of Public Law (law2.byu.edu)
- Utah Law Review (law.utah.edu)
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