Changes include the following and the attached letter from David Hirschi, Chair of the MCLE Board. “The Supreme Court Board of Mandatory Continuing Legal Education is proposing changes to the MCLE Rules that govern licensed attorneys. For more information, please see the attached letter from David Hirschi, Chair MCLE Board.”
Due to the incorporation of Licensed Paralegal Practitioners in the fee dispute rules in Article 14 of the RULES GOVERNING THE UTAH STATE BAR, IT IS HEREBY ORDERED that Rule 15-1101 through Rule 15-1120 of the RULES GOVERNING LICENSED PARALEGAL PRACTITIONERS IN THE SUPREME COURT RULES OF PROFESSIONAL PRACTICE are repealed effective May 1, 2021.
Changes allow domestic relations commissioners, retired and senior judges to serve on fee dispute panels. Changes also increase the jurisdictional amount from $3,000 to $10,000 for one lawyer to arbitrate a fee dispute. Other changes are proposed to include licensed paralegal practitioners in the fee dispute rules.
USB14-01102. Purpose and composition of the committee.
USB14-01105. Selection of the arbitration panel; additional claims.
USB14-01107. Award; form; service of award; judicial confirmation of award.
USB14-01108. Relief granted by award; accord and satisfaction application to court; confidentiality; enforceability of award; claims of malpractice.
USB14-01114. Matters entitled to mediation.
The Notice Amendments below reference required new forms. The forms may be found at the bottom of the Utah Rules of Civil Procedure webpage, as follows:
Judicial Council Approved Bilingual Notices to Responding Party
- 7101GE Bilingual Notice to Responding Party for Motions – PDF | Word
- 7015GE Bilingual Notice to Responding Party for In-State Summons – PDF | Word
- 7016GE Bilingual Notice to Responding Party for Out-of-State Summons – PDF | Word
- 7017GE Bilingual Notice to Responding Party for Ten Day Summons – PDF | Word
- 7027GE Bilingual Notice to Responding Party for Summons for Publication – PDF | Word
- 7105EV Bilingual Notice to Responding Party for Eviction Summons – PDF | Word
The Notice Amendments also now require caution language on some documents. Sample forms containing caution language are below:
- Motion – dispositive – model warning (Rule 7 sample)
- Petition – model warning (Rule 8 sample)
- Request for Admissions -model warning (Rule 36 sample-1st page only)
- Motion – Commissioner – model warning (Rule 101 sample)
As a whole, the amendments to Rules 4, 7, 8, 36, and 101 require more notice to parties of their rights and obligations.
URCP004. Process. AMEND. The notice amendments to Rule 4(c)(1) require that the Judicial Council-approved bilingual notice of rights be included with the summons.
URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The notice amendments to Rule 7(c) require caution language on the first page of all dispositive motions. It also requires the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.
URCP008. General rules of pleadings. AMEND. The notice amendments to Rule 8(a) require caution language on the first page of all pleadings requesting relief and provide consequences for failing to do so.
URCP036. Request for admission. AMEND. The notice amendments to Rule 36(b) require caution language on the first page of all requests for admission and provides consequences for failing to do so.
URCP101. Motion practice before court commissioners. AMEND. The notice amendments to Rule 101(a) require caution language on the first page of all motions to court commissioners. It also requires the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.
Service of Process Amendments
URCP004. Process. AMEND. The service of process amendments to Rule 4 address service on minors in paragraph (d)(1)(B) and outline the requirements for electronic acceptance of service in paragraph (d)(3)(B).
Supplemental Proceedings Amendments
URCP007A. Motion to enforce order and for sanctions. NEW.
URCP007B. Motion to enforce order and for sanctions in domestic law matters. NEW.
URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND.
Rules 7A and 7B create a new, uniform process for enforcing court orders through regular motion practice. They replace the current order to show cause process found in Rule 7(q) and in local court rules. Rule 7B addresses the domestic law order to show cause process.
CJA03-0101. Judicial performance standards. (AMEND). Establishes a definition of “submitted” for purposes of the case under advisement performance standard. Clarifies that judges will be considered compliant with education and case under advisement standards if their failure to meet one or both of those standards was due to circumstances outside of the judge’s control.
CJA03-0108. Judicial assistance. (AMEND). Authorizes the presiding officer of the Judicial Council to appoint a district court presiding judge as the signing judge for automatic expungements in all district courts within the presiding judge’s district.
Changes merge the attorney Rules of Professional Conduct and the LPP Rules of Professional Conduct into one set of rules. Currently, there are two nearly identical sets of Rules of Professional Conduct for each type of licensee. One set of rules is more efficient and makes changes and updates to the rules simpler and more uniform.
RPC01.02. Scope of representation and allocation of authority between client and lawyer. Licensed paralegal practitioner notice to be displayed.
RPC04.02. Communication for Persons Represented by Legal Professionals.
RPC06.01. Voluntary Pro Bono Legal Service.
USB15-0703. Qualifications for Licensure as a Licensed Paralegal Practitioner. (AMEND). Rule 15-703 that has been approved by the court. Changes add a degree to the list of eligible educational requirements necessary for licensure and that National Certification will no longer be mandatory for each applicant, detailing which candidates are exempt from said certification.
URAP034. Costs. Amend. The amendments to Rule 34: (1) provide a flat rate of $3.00 per page for costs in 34(c)(1); (2) change dates throughout the rule to increments of seven; (3) replace the term “taxed” with “awarded” throughout the rule; (4) comport the rule with Standing Order 11 (regarding filing documents by email); and (5) clean up other language for clarity and consistency.
RULES OF PROFESSIONAL CONDUCT
RPC05.07. Responsibilities Regarding Law-Related Services. TECHNICAL AMENDMENT. Brings the rule in line with recent advertising rule amendments by amending Comment . Effective February 5, 2021.
RULES OF CIVIL PROCEDURE
URCP065C. Post-conviction relief. AMEND. Addresses service of post-conviction petitions and the underlying court record. Effective May 1, 2021.
Rules of Civil Procedure
URCP083. AMEND. The proposed amendments would bring represented parties into the rule’s purview. They would also permit any court to rely on another court’s vexatious litigant findings and order their own restrictions.
Rules Governing Constitutional Challenges
The following amendments to Civil Rule 24,Criminal Rule 12, and Appellate Rule 25A are intended to better coordinate the provisions addressing constitutional challenges. The amendments do the following:
- Address service on the Attorney General and other governmental entities;
- Broaden the kinds of challenges that may arise;
- Clarify that it is the governmental entity that responds, not the county or municipal attorney (which can be a contracted position in certain jurisdictions);
- Eliminate outdated language in Civil Rule 24 in favor of the updated federal language;
- Clarify in each rule the process and timing for the Attorney General or other governmental entity to respond to a constitutional challenge; and
- Eliminate the requirement in Appellate Rule 25A that the Attorney General state the reasons for declining to file an amicus brief.
Rules of Professional Conduct
RPC05.04. Professional Independence of a Lawyer. AMEND. Adds a clarifying comment to the rule.