Posted: April 8, 2021
Rules of Appellate Procedure – Comment Period Closes May 23, 2021
URAP015. Petitions for review in tax cases. Amend. The proposed amendments to Rule 15: (1) remove the statutory citations in 15(a) and 15(c); (2) rework the language in 15(c); and (3) clean up other language for clarity and consistency.
URAP025. Amicus curiae briefs. Amend. The proposed amendments to Rule 25: (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); and (6) clean up other language for clarity and consistency.
URAP050. Response; reply. Amend. The proposed amendments to Rule 50: (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.
Posted: March 31, 2021
Rules of Criminal Procedure – Comment Period Closes May 15, 2021
URCrP012. Motions. Amend. The proposed amendments to Rule 12 incorporate language from lines 59-63 of HJR 007 into paragraph (c)(3).
Posted: March 30, 2021
Rules Governing the Utah State Bar – Comment Period Closes May 14, 2021
USB14-0206. Officers. Amend. Proposed changes to the Rule add a deadline for the Commission to consider additional candidates for the office of President-elect of the Board of Bar Commissioners.
Posted: March 30, 2021
Rules Governing the Utah State Bar – Comment Period Closes May 14, 2021
USB14-0802. Authorization to practice law. Amend. Proposed changes allow an LPP to sit at the counsel table with a client to advise and confer and to answer questions from the court.
Posted: March 15, 2021
Code of Judicial Administration – Comment Period Closes April 29, 2021
CJA01-0204. Executive committees (AMEND). Allows the Policy and Planning Committee, Liaison Committee, and Budget and Fiscal Management Committee to each determine their own schedule for electing chairs.
CJA02-0103. Open and closed meetings (AMEND). Adds the category of “safeguarded” to the list of reasons that a Council meeting may be closed. The amendment corrects an oversight. The rule wasn’t updated when “safeguarded court records” were added as a classification in CJA rule 4-202.02.
Posted: March 12, 2021
Rules of Criminal Procedure – Comment Period Closes April 26, 2021
URCrP006. Warrant of arrest or summons. Amended. The amendment clarifies that a judge must review the information to determine whether there is probable cause when the judge issues a warrant instead of a summons or when the judge issues a warrant based on a defendant’s failure to appear on a summons.
Posted: March 11, 2021
Rules of Juvenile Procedure – Comment Period Closes April 25, 2021
URJP016. Transfer of delinquency case. Amended. Makes revisions to transferring delinquency cases between judicial districts to reflect statutory changes made by H.B. 285 Juvenile Recodification.
URJP016A. Transfer of a non-delinquency proceeding. New. A new rule establishing procedures for transferring non-delinquency cases between judicial districts in response to statutory changes contained in H.B. 285 Juvenile Recodification.
URJP017. The petition. Amended. Updates statutory references and makes revisions to the contents to be included in a petition for termination of parental rights to reflect statutory changes contained in H.B. 285 Juvenile Recodification.
Posted: February 9, 2021
Rules of Criminal Procedure – Comment Period Closed March 26, 2021
URCrP017.5. Hearings with contemporaneous transmission from a different location. (AMEND). The proposed amendments will allow toxicologists to testify through remote transmission in misdemeanor cases provided appropriate safeguards are in place.
Posted: February 8, 2021
Rules of Evidence – Comment Period Closed March 25, 2021
URE0507.01. (NEW). Behavioral Or Medical Emergency Services Technician-Patient. New evidentiary privilege covering confidential communications between a patient and a medical or behavioral emergency services technician, made during the provision of behavioral emergency services. This rule is a companion to proposed Senate Bill 53 (SB 53), creating a new first responder position—Behavioral Emergency Services Technician (“BEST”)—and its adoption is dependent upon the passage of that bill. The effective date of the rule would coincide with the effective date of Department of Health guidelines governing the function and scope of the BEST position.
Posted: February 5, 2021
Rules of Civil Procedure – Comment Period Closed March 22, 2021
DISCLOSURE AND DISCOVERY AMENDMENTS
URCP026. General provisions governing disclosure and discovery. Amend. The proposed amendments to Rule 26 extend several discovery timelines and clarify multiple provisions. The amendments also include the language currently proposed in SJR004 (2021), which addresses a party’s duty to pay an expert witness’s hourly fee for attendance at a deposition (lines 113-114).
- make case names more neutral and less antagonistic;
- shorten the presumptive discovery period for domestic cases;
- implement the case management recommendations of the “Report and Recommendations to the Standing Committee on Children and Family Law;” and
- address issues raised in a recent legislative audit.
URCP010. Form of pleadings and other papers. Amend.
URCP012. Defenses and objections. Amend.
URCP026. General provisions governing disclosure and discovery. Amend.
URCP026.01. Disclosure and discovery in domestic relations actions. Amend.
URCP100A. Case Management of Domestic Relations Actions. NEW.
URCP104. Divorce decree upon affidavit. Amend.
URCP106. Modification of final domestic relations order. Amend.