Posted: January 3, 2024
Rules of Appellate Procedure – Comment Period Closed February 17, 2024
URAP003. Appeal as of right – how taken.
URAP005. Discretionary appeals from interlocutory orders.
URAP014. Review of administrative orders: how obtained; intervention.
URAP019. Extraordinary relief.
URAP048. Time for petitioning.
The Committee proposes amending these rules to modify the fee provision language to direct parties to the requirements of Rule 21. Filing and service, regarding payment of filing fees. The intent is to ensure uniform requirements for payment of any filing fee under the rules. Additionally, in Rule 14, the committee proposes adding a provision for agencies to e-file the record within 21 days upon receiving a request from the appellate courts.
URAP021. Filing and service. The Committee proposes amending Rule 21 to: (1) notify parties that the appellate courts will be transitioning to an e-filing system; (2) specify the date when all licensed attorneys will be required to file using the e-filing system; (3) explain that filing fees will be required to be paid through the e-filing system when documents are e-filed; and (4) update the provisions regarding service for documents that are e-filed.
URAP026. Filing and serving briefs. The Committee proposes amending Rule 26 to: (1) update paragraph (b) Number of copies. to include a requirement for copies of briefs that are e-filed; and (2) clarify paragraph (d) Return of record to the clerk.
URAP027. Form of briefs, motions, and other documents. Rule 27 was previously published for public comment with the following proposed amendments: (1) provide more detailed guidance for preparing the caption for briefs and conform the rule to current practice; (2) remove the requirement that opposing counsel be listed on the cover, as this information will be included on a following page; and (3) clarify the requirements for captions on petitions and motions or other documents that are not a brief or petition. The Committee proposes an additional proposed amendment requiring hard copies of briefs to be submitted to the Appellate Courts using only a binder clip, rather than a velo or similar binding along the left edge.
Posted: December 20, 2023
Rules of Juvenile Procedure – Comment Period Closed February 3, 2024
URJP019C. Delinquency, traffic and adult criminal matters. Amend. The proposed amendments to Rule 19C include: (1) modifying the heading and the addition of a new paragraph (a) that provides the scope of this rule; (2) the addition of a new paragraph (f) to provide direction regarding motions on the justification of the use of force as a defense; and (3) stylistic and grammatical changes.
Posted: December 20, 2023
Code of Judicial Administration – Comment Period Closed February 3, 2024
CJA03-0108. Judicial assistance (AMEND). Authorizes the presiding officer of the Judicial Council to appoint a juvenile court presiding judge as the signing judge for automatic expungement orders in juvenile court cases within the presiding judge’s district.
CJA04-0202.02. Records classification (AMEND)
CJA04-0202.03. Records access (AMEND)
Posted: December 18, 2023
Code of Judicial Administration – Comment Period Closed February 1, 2024
CJA03-0104. Presiding judges (AMEND). The proposed amendments replace the definition of case under advisement with a reference to the criteria in CJA 3-101 and require state level administrators to report to the Management Committee if they determine a judge has willfully failed to submit a monthly case under advisement report.
Posted: December 6, 2023
Rules of Appellate Procedure – Comment Period Closed January 20, 2024
URAP011.The record on appeal. Amend. The Committee proposes amending Rule 11 to: (1) clarify how parties can access sealed records on appeal; and (2) clarify that exhibits will also be included in the record along with a list of all exhibits. The proposed amendment regarding access to sealed records is in response to the opinion in State v. Chadwick, 2023 UT 12, which addressed whether a criminal defendant could access sealed mental health records on appeal when the appeal involved a claim that the trial court erred in conducting its in camera review of those records.
URAP022. Computation and enlargement of time. Amend. The Committee proposes amending Rule 22 paragraph (b)(4)(D) so the rule will match the long-standing procedure used in the appellate clerk’s office. Rather than requiring a party to predict when they will be able to complete the task for which the extension is sought, the party will be required to state only the new due date if the extension is granted. Because the same language that the Committee proposes amending is also included in the existing advisory committee note, the Committee proposes adopting a new note with that language removed.
URAP052. Child welfare appeals. Amend. In accordance with the opinion in A.S. v. State, 2023 UT 11, the Committee proposes amending Rule 52 to: (1) modify the title of paragraph (c) to mirror the title used in paragraph (d) of Rule 4; and (2) add a procedure for a parent to file a motion to reinstate the period for filing a direct appeal if the parent demonstrates that they were deprived of the right to appeal.
Posted: November 20, 2023
Code of Judicial Administration – Comment Period Closed January 4, 2024
CJA03-0101. Judicial performance standards (AMEND). The proposed amendments are intended to simplify case under advisement standards by clarifying reporting requirements and removing “average” calculations.
Posted: November 17, 2023
Rules of Juvenile Procedure – Comment Period Closed January 1, 2024
URJP052. Appeals. Amend. The proposed amendments to Rule 52 include an overall restructure of the rule to provide clarity regarding juvenile court appeals timeframes. The amendments also include the addition of restoration of parental rights cases as cases that may be subject to appeal.
URJP056. Expungement. Amend. The proposed amendments to Rule 56 include: (1) updates to the referenced statute; (2) a simpler and clearer paragraph (b) regarding adjudication expungements that aligns with the statute, while removing language that places requirements not found in the statute; (3) removal of the language in paragraph (d) as the statute now places the responsibility of serving an expungement order on the juvenile court; and (4) the addition of three new expungement categories created by House Bill 60 of the 2023 Legislative Session.
Posted: November 16, 2023
Rules of Evidence – Comment Period Closed December 31, 2023
URE0506. Physician and Mental Health Therapist-Patient. Amend. This rule was previously published for public comment as to proposed new subparagraphs (d)(2), (e), and (f), and proposed changes to subparagraph (b)(3) and renumbered subparagraphs (d)(3) and (d)(4). After receiving public comments, the Committee proposes to amend subparagraph (d)(1) to clarify that the preponderance of the evidence standard applies to the exception addressed there. The Committee also proposes to substitute the term “matter” for “case” in subparagraph (d)(2) and (e), and to make other changes for stylistic uniformity. The post-public comment proposed changes are highlighted in yellow in the linked redline draft.
Posted: November 16, 2023
Rules of Civil Procedure – Comment Period Closed December 31, 2023
URCP101. Motion practice before court commissioners. AMEND. The proposed change to subparagraph (k) stems from the footnote found in Nelson v. Nelson, 2023 UT App 38 and language found in URCP Rule 7B. The amendment would change all “application for order to show cause language” to “motions to enforce order and for sanctions.” Other non-substantive changes to the rule are made to adhere to the Utah Supreme Court style guide for the rules.
URCP064. Writs in general. AMEND. The proposed amendments to subparagraph (f)(4) substitutes the word “file” with the word “record” as it relates to recording with the county recorder. Other non-substantive changes to the rule are made to adhere to the Utah Supreme Court style guide for the rules.
URCP066. Receivers. AMEND. The proposed amendments to subparagraph (g) substitutes the word “file” with the word “record” as it relates to recording with the county recorder. Other non-substantive changes to the rule are made to adhere to the Utah Supreme Court style guide for the rules.
URCP069A. Seizure of property. AMEND. The proposed amendments to subparagraph (b) substitutes the word “file” with the word “record” as it relates to recording with the county recorder. Other non-substantive changes to the rule are made to adhere to the Utah Supreme Court style guide for the rules.
URCP069B. Sale of property; delivery of property. AMEND. The proposed amendments to subparagraph (i) substitutes the word “file” with the word “record” as it relates to recording with the county recorder. Other non-substantive changes to the rule are made to adhere to the Utah Supreme Court style guide for the rules.
URCP069C. Redemption of real property after sale. AMEND. The proposed amendments to subparagraphs (e) and (g) substitutes the word “file” with the word “record” as it relates to recording with the county recorder. Other non-substantive changes to the rule are made to adhere to the Utah Supreme Court style guide for the rules.