Author: Utah Courts

Continue Reading

Rules of Criminal Procedure – Effective October 1, 2020

Amends rules on pretrial release practices in response to HB 206.

URCrP004. Prosecution by information. Amend.

URCrP006. Warrant of arrest or summons. Amend.

URCrP007. Initial proceeding for class A misdemeanors and felonies. Amend.

URCrP007A. Procedures for arraignment on class B and C misdemeanors, or infractions. Amend.

URCrP009. Proceedings for persons arrested without a warrant on suspicion of crime. Amend.

URCrP009A. Proceedings for persons arrested pursuant to an arrest warrant. Amend.

URCrP010. Arraignment. Amend.

URCrP027. Stay of sentence pending motions for new trial or appeal from court of record. Amend.

URCrP027A. Stays pending approval from a court not of record – Appeals for a trial de novo. Amend.

URCrP027B. Stays pending approval from a court not of record – Hearings de novo, DUI and reckless driving case. Amend.

URCrP028. Disposition after appeal. Amend.

URCrP038. Appeals from justice court and district court. Amend.

URCrP041. Unsecured bonds. New.

Supreme Court Order

Continue Reading

Rule of Evidence – Effective March 13, 2019

URE0417. Admissibility of Evidence of the Actor’s Expression or Association in Victim Targeting Criminal Penalty Enhancements (NEW). This rule was adopted during the 2019 general legislative session, pursuant to Senate Joint Resolution 8 (S.J.R. 8) “Joint Resolution Amending Rules of Evidence – Victim Selection” and was effective March 13, 2019. It was not posted at that time due to error.

Continue Reading
Continue Reading

Rules Governing the Utah State Bar – Effective September 1, 2020

“Changes to the rules reflect that OPC is now under the supervision of the OPC Oversight Committee. The requirement that attorneys admitted on motion attend the OPC Ethics School has been removed. A definition for “formerly admitted applicant” has been added. In Rule 14-712(c)(1), the time permitted to transfer a UBE score has been extended from 24 to 36 months. Other changes include cleanup of typographical and numbering errors.”

USB14-0701. Definitions.

USB14-0705. Admission by motion.

USB14-0707. Application; deadlines; withdrawals; postponements and fees.

USB14-0708.  Character and fitness.

USB14-0711.  Grading and passing of the Bar Examination.

USB14-0712. Qualifications for admission based on UBE.

USB14-0714. Unsuccessful Applicants: disclosure and right of inspection.

USB14-0716. License fees; enrollment fees; oath and admission.

USB14-0717. Readmission after resignation or disbarment of Utah attorneys.

USB14-0718. Licensing of Foreign Legal Consultants.

USB14-0719. Qualifications for admission of House Counsel Applicants.

Supreme Court Order

Continue Reading

Rules of Juvenile Procedure – Effective November 1, 2020

URJP005. Definitions. Amended. Makes revisions to definitions of “adult” and “minor” in juvenile delinquency cases to comply with statutory changes in H.B. 384-Juvenile Justice Amendments.

URJP017. The petition. Amended.  Makes revisions pertaining to petitions for expungement, including expungement of nonjudicial adjustments and petition for vacatur.

URJP021. Warrant of arrest or summons in cases under Section 78A-6-702 and Section 78A-6-703. Amended.  Reflects statutory changes made by  H.B. 384-Juvenile Justice Amendments.

URJP022. Initial appearance and preliminary examination in cases under Section 78A-6-702.   Amended.    Reflects statutory changes made by  H.B. 384-Juvenile Justice Amendments.

URJP023. Hearing to waive jurisdiction and certify under Section 78A-6703: bind over to district court.   Repealed.  Rule 23 will be repealed because the underlying statute was repealed by H.B. 384-Juvenile Justice Amendments.

URJP023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amended.  Reflects statutory changes made by  H.B. 384-Juvenile Justice Amendments.

URJP031.  Initiation of truancy proceedings.  Amended.  Corrects outdated statutory references.

URJP044. Findings and conclusions.  Amended.  Reflects statutory changes made by  H.B. 384-Juvenile Justice Amendments.

URJP050. Presence at hearings. Amended. Permits and details Indian tribes’ right to participate in court proceedings pursuant to the Indian Child Welfare Act.

URJP056. Expungement.  Amended.  Makes revisions to statutory changes contained in H.B. 384 regarding procedures for petitioning for expungement of juvenile court adjudications and nonjudicial adjustments.

Supreme Court Order

Continue Reading

Rules of Appellate Procedure – Effective November 1, 2020

URAP003. Appeal as of right–how taken. Amend. The amendments to Rule 3: (1) incorporate the advisory committee note into paragraph (f), (2) update the reference of a clerk transmitting a certified copy in paragraph (g)(1) to the current practice of emailing the notice of appeal, and (3) clarify and cleanup the language.

URAP008. Stay or injunction pending appeal. Amend. The Rule 8 amendments: (1) amend paragraph (a) to parallel the federal Rule 8 except that only in extraordinary circumstances will an appellate court act on certain motions where the movant failed to request a stay or opposed an injunction in the trial court; (2) add requirements for bonds in paragraph (b); and (3) add new paragraph (c), which provides that for requests for relief to which Rules 65A or 62(c) of the Utah Rules of Civil Procedure applied in the trial court, any relief available pending appeal is governed by those rules.

Supreme Court Order

 

Continue Reading

Rules Governing the Utah State Bar, Supreme Court Rules of Professional Practice – Effective September 1, 2020

USB14-0802. Authorization to practice law. Amend. Amendments to Rule 14-802: (1) permit Indian tribes, who have intervened in proceedings pursuant to the Indian Child Welfare Act, to have a designated nonlawyer represent them; (2) clarify that practicing law under Utah Supreme Court Standing Order 15 does not violate this rule; and (3) include other technical and formatting changes.

Supreme Court Order

Continue Reading
Continue Reading

Code of Judicial Administration – Effective November 1, 2020

CJA03-0402. Human Resources Administration (AMEND). Amendments include clarifying language, provide consistency with relevant state statutes and current practices, and align with the Judicial Council’s direction regarding Human Resource policies.

CJA03-0403. Judicial Branch Education (AMEND). Amendment authorizes the Board of Justice Court Judges (as opposed to the Management Committee) to excuse judges from the annual justice court conference, and ensure judicial mentors are timely assigned and the mentoring relationship is based upon mutually agreed learning objectives and professional development plans.

CJA04-0202.08. Fees for Records, Information, and Services (AMEND). Amendments account for the use of thumb drives and other current technology, and increase the charge for storage devices from $10.00 to $15.00.

CJA04-0106. Electronic Conferencing (REPEAL). Because remote hearing provisions exist in the rules of procedure, CJA 4-106 is repealed.

CJA04-0411. Courthouse Attire (NEW). This new rule ensures that Utah’s courts are open in accordance with Article 1, Section 11 of the Utah Constitution while balancing the need for decorum in court proceedings and the safety of all persons having business in Utah’s courthouses.

CJA06-0506. Procedure for Contested Matters Filed in the Probate Court (AMEND). Amendment changes “may” to “will” in regard to scheduling a pre-mediation conference.

Judicial Council Order

Continue Reading