Author: Utah Courts

Rules of Juvenile Procedure – Effective May 18, 2022

URJP025. Pleas. Amend. Modifies paragraph (a) and adds statutory reference to Utah Code section 80-6-306. Adds reference to the rule itself. Deletes paragraph (d) to remove language contained in Utah Code section 80-6-306. Details the procedure for how delayed admissions under Utah Code section 80-6-306 will be resolved.

URJP060. Judicial bypass procedure to authorize minor to consent to abortion. Amend. Qualifies that the time frame in subsection (d) is three calendar days or two business days, whichever is longer.

Supreme Court Order

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Rules of Appellate Procedure – Effective November 1, 2022

URAP010. Procedures for summary disposition or simplified appeal process. Amend. The amendments to Rule 10, paragraph (d): address enlargements of time for filing memoranda under the simplified appeals process to make the language regarding the deadline for such motions consistent with that in Rules 22(a) and 22(b)(3).

URAP011. The record on appeal. Amend. The amendments to Rule 11: (1) address the Court’s concerns—that arose in Arreguin-Leon v. Hadco Constr., LLC, 2020 UT 59, 472 P.3d 927—about defining what constitutes the record on appeal and the procedures for correcting or supplementing the record on appeal; (2) clarify and adjust the deadlines for ordering transcripts, ensuring that indigent parties have the opportunity to review the case before being required to order transcripts; (3) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (4) make other changes to conform with the Appellate Clerks’ Office current practice.

URAP012. Transmitting the record. Amend. The amendments to Rule 12: (1) recognize the current practice of utilizing electronic records and the appellate court’s transcript management system; (2) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (3) make other changes to conform with the Appellate Clerks’ Office current practice.

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Rules of Appellate Procedure – Effective May 1, 2022

URAP025. Amicus curiae briefs. Amend. Amended rule to: (1) modify the language throughout to rule to mirror the federal rule; (2) incorporate the language from Rule 50 regarding amicus curiae briefs; (3) allow an amicus curiae brief to be filed without leave of court if all parties have consented to its filing; (4) provide a word count length requirement; (5) change the due date from 21 days to 14 days in 25(d); (6) add language in 25(g) addressing responsive briefs; and (7) clean up other language for clarity and consistency.

URAP050. Response; reply. Amend. Amended rule to: (1) remove all mention of amicus curiae briefs and incorporate that language into Rule 25; (2) replace the phrase “subject index” with “table of contents” in 50(b); (3) change the due date from 14 days to 7 days in 50(d); (4) incorporate Standing Order 11; and (5) clean up other language for clarity and consistency.

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Code of Judicial Administration – Effective May 1, 2022

CJA01-0205. Standing and Ad Hoc Committees (AMEND). Creates a Standing Committee on Fairness and Accountability. Amends the membership of the Committee on Resources for Self-represented Parties, the Committee on Model Utah Criminal Jury Instructions, and the Committee on Court Forms.

CJA02-0103. Open and closed meetings (AMEND). Removes the requirement that the AOC send a separate notification to a newspaper of general circulation when the Judicial Council meeting agendas are posted on the Utah Public Notice Website. Clarifies that a Judicial Council meeting may be closed for discussions regarding legal advice of counsel.

CJA04-0302. Recommended Uniform Fine Schedule. (AMEND). In May 2020, the Management Committee approved changing the name of the committee from “Recommended Uniform Fine Schedule Committee” to “Recommended Uniform Fine Committee,” but the name wasn’t amended in the rule. The proposed amendment simply reflects the approved name change.

Judicial Council Order

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Code of Judicial Administration – Effective March 11, 2022

CJA03-0407. Accounting. (AMEND). The amendments to the rule address the following items:

1. Incorporate the Budget and Fiscal Management Committee (BFMC) into Rule 3-407 as an approval body for accounting manual updates. The original version of Rule 3-407 predated the creation of the BFMC.

2. Elevate and document the role of the clerks of court as reviewers and approvers of new and amended accounting manual policies, post review by the Accounting Manual Review Committee but before the BFMC. The clerks of court are performing this role today, the proposed amendment would simply incorporate current practice into policy. This change has been endorsed by Shane Bahr and Neira Siaperas.

3. Eliminate the court services representative on the Accounting Manual Review Committee as the elevation of the review by all clerks of court will more comprehensively address any role played by the old court services area which has been integrated into IT.

Judicial Council Order

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Rules Governing Licensed Paralegal Practitioners and Rules Governing the Utah State Bar – Effective May 1, 2022

URGLPP15-0701. Definitions. Amend. Clarifies the scope of practice within family law to include gender change petitions and common law marriage, as well as creates a definition for “Specialized Course of Instruction” and “Substantive Legal Course” used elsewhere in Rule 15-703.

URGLPP15-0703. Qualifications for licensure as a licensed paralegal practitioner. Amend. This rule has been revised to add relevant subheadings for ease of reading, as well as a substantive amendment permitting qualified academic credit to be applied toward an applicant’s substantive law-related experience hours requirement.

USB14-0802. Authorization to practice law. Amend. Mirrors the clarifications set forth in Rule 15-701 which define an LPP’s permitted areas of practice.

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Rules of Professional Conduct – Effective May 1, 2022

The following amendments clarify the ethical practice of non-Utah lawyers practicing law remotely while living in Utah.

RPC05.05. Unauthorized Practice of Law; Multijurisdictional Practice of Law. Amend. Clarifies that a non-Utah lawyer who is living in Utah may provide legal services remotely to clients in a jurisdiction where the lawyer is admitted. The lawyer must not establish a public-facing office nor hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

RPC01.00. Terminology. Amend. Defines a public-facing office as an office that is open to the public and provides a service that is available to the population in that location.

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