Utah State Courts Rules - Approved

 

2008-04-01

Rules Governing the Utah State Bar

USB 14-1001. IOLTA. Amend. Clarifies the formula for determining whether the net income from investing client funds exceeds the cost of doing so. Directs the Utah Bar Foundation to determine whether an institution is eligible for deposits. Establishes the criteria to be an eligible institution. Restricts deposits to eligible institutions and defines the types of accounts permitted. Establishes sanctions and procedures if a lawyer fails to report annually.

Supreme Court Order.

Posted by tims at 08:30 AM

2008-04-01

Rules of Civil Procedure

URCP 001. General provisions. Amend. Removes electronic filing from the pilot project phase.
URCP 005. Service and filing of pleadings and other papers. Amend. Recognizes electronic service, as well as traditional methods. Permits the judge to require electronic filing. Defines the moment at which filing occurs.
URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner's order. Amend. Requires motion for the relief sought rather than motion for an order to show cause except to enforce an existing court order.
URCP 010. Form of pleadings and other papers. Amend. Prohibits redundant, immaterial, impertinent or scandalous matter. Makes upper-left corner of document uniform for represented and self-represented parties. Permits but does not require a graphic signature if a document is electronically filed. Includes electronic records within the scope of the rules.
URCP 011. Signing of pleadings, motions, and other papers; representations to court; sanctions. Amend. Permits a self-authenticated statement instead of an affidavit in accordance with Section 46-5-101. Recognizes electronic signatures.
URCP 040. Scheduling and postponing a trial. Amend and Rename. Deletes obsolete requirement for a local rule to govern trial settings. Simplify text.
URCP 041. Dismissal of actions. Amend. Deletes obsolete reference to Rule 66.
URCP 064D. Writ of garnishment. Amend. To accommodate electronic filing, the amendment allows the creditor to pledge to serve the garnishee’s fee rather than attach it to the filing.
URCP 101. Motion practice before court commissioners. Amend. Requires motion for the relief sought rather than motion for an order to show cause except to enforce an existing court order.

Supreme Court Order

Posted by tims at 11:20 AM

2008-04-01

Rules of Small Claims Procedure

URSCP 03. Service of the affidavit. Amend. Permits the action to be dismissed if service is not timely.

Supreme Court Order

Posted by tims at 11:15 AM

2008-04-01

Rules of Evidence

URE 0404. Character evidence not admissible to prove conduct; exceptions; other crimes. Amend. Establishes the conditions for admission of evidence of similar crimes in child molestation cases.

Supreme Court Order.

Posted by tims at 05:10 PM

2008-04-01

Rules of Appellate Procedure

URAP 10. Motion for summary disposition. Amend. Differentiates the number of copies to be filed depending on the court in which the appeal is pending.
URAP 19. Extraordinary writs. Amend. The amendment eliminates the requirement of a separate memorandum in support of a response to a petition for extraordinary relief. Supporting authority can be included in the response document.
URAP 20. Habeas corpus proceedings. Amend. Differentiates the number of copies to be filed depending on the court in which the appeal is pending.
URAP 24. Briefs. Amend. In cases in which a party submits supplemental authority after briefing, the amendment allows a party up to 350 words to explain why the supplemental authority is being submitted, and allows the other party 350 words to respond.
URAP 50. Brief in opposition; reply brief; brief of amicus curiae. Amend. The amendment eliminates the requirement that all parties consent to an amicus brief in certiorari cases. The parties may voice support for or opposition to amicus participation.
URAP 51. Disposition of petition for writ of certiorari. Amend. The amendment clarifies what must be included in briefs on a writ of certiorari, eliminating the requirement that the brief show that the issues were preserved in the trial court, and instead requiring that the brief was fairly included in the petition for a writ of certiorari.
URAP 56. Response to petition on appeal. Amend. Deletes reference to URAP 27(d).

Supreme Court Order
Supreme Court Order


Posted by tims at 05:05 PM

2008-04-01

Rules of Juvenile Procedure

URJP 05. Definitions. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 08. Rights of minor while in detention. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 15. Preliminary inquiry; informal adjustment without petition. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 16. Transfer of delinquency case for preliminary inquiry. Amend. Modifies terms "minor" and "child" to conform with statutes. Permits a receiving court to transfer a referral back to the original court if the minor fails to appear.
URJP 26. Rights of minors in delinquency proceedings. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 27. Fingerprinting, photographing, and regulating discovery; HIV testing. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 27A. Admissibility of statements given by minors. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 29A. Visual recording of statement or testimony of child victim or witness of sexual or physical abuse - Conditions of admissibility. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 31. Initiation of truancy proceedings. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 35. Pre-trial procedures. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 37A. Visual recording of statement or testimony of child in abuse, neglect and dependency proceedings - Conditions of admissibility. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 44. Findings and conclusions. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 45. Pre-disposition reports and social studies. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 46. Disposition hearing. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 47. Reviews and modification of orders. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 52. Appeals. Amend. Requires that appeals in abuse, neglect, dependency, termination and adoption cases must be filed within 15 days of the entry of the order appealed from.
URJP 54. Continuances. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 56. Expungement. Amend. Modifies terms "minor" and "child" to conform with statutes.

Supreme Court Order.

Posted by tims at 05:00 PM

2008-04-01

Code of Judicial Administration

CJA 01-205. Standing and ad hoc committees. Amend. Adds a representative of the American Sign Language to the Court Interpreter Committee.
CJA 04-202.03. Records access. Amend. Requires approval of the judge for access to a competency evaluation, psychological evaluation or sex behavior risk assessment. Sets the standard by which access will be allowed. Allows access to private probate records to interested persons.
CJA 04-403. Signature stamp use. Amend. Permits a judge's signature stamp to be used on orders prepared by the court.
CJA 04-405. Juror and witness fees and expenses. Amend. Authorizes alternative process to certify attendance of a juror or witness.
CJA 04-510. Alternative dispute resolution. Amend. Reflects statewide application of most of the rule. Creates uniform method to defer ADR.

Posted by tims at 05:00 PM