Utah Court Rules – Published for Comment
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Posted: June 22, 2004
CJA 09-107. Justice Court Technology, Security, and Training Account. New. Establishes the process for allocation of funds from the Justice Court Technology, Security, and Training restricted account. Effective 24-May-04 under Rule 2-205 but subject to further amendment after comment period.
Posted: May 21, 2004
URCP 62. Stay of proceedings to enforce a judgment. Amend. Strikes from the rule the amendments made by HJR 16. Effective May 12, 2004 under Rule 11-101(6)(F). Subject to further change after comment period.
Posted: April 28, 2004
CJA 3-403. Judicial branch education. Amend. Eliminates mandatory attendance at annual judicial conference.
CJA 9-103. Certification of education requirements. Amend. Amend to conform to statutes.
CJA 11-303. Special admission exception for military lawyers. New. Permits qualified military lawyers on active duty who reside, but are not licensed in Utah, to provide uncompensated limited legal services to military personnel and their dependents who suffer substantial financial hardship. Effective May 4, 2004 under Rule 11-101(6)(F). Subject to further change after comment period.
Posted: March 25, 2004
URCrP 12. Motions. Amend. Describes the process for motions to suppress, including the contents of the motion and whether a written response is required.
URCrP 21A. Presentence investigation reports; Restitution. Renumber from URCrP 21.5 and amend. Changes designation of PSI report from “controlled” to “protected” to conform with statute.
URCrP 27. Stays pending appeal . Amend. Requires a party to serve the Attorney General when seeking a certificate of probable cause from appellate court in a felony case.
URCrP 38. Justice court appeals. Repeal and reenact. Repeals the existing rule and creates a different process for trial de novo. The most significant feature is that a justice court conviction will be automatically vacated upon the filing of a notice of appeal.
Posted: March 25, 2004
URCP 45. Subpoena. Amend. Correct reference to Rule 4 regarding methods of serving subpoena
URCP 47. Jurors. Amend. Conforms rule regulating conversing with jurors to caselaw.
URCP 56. Summary judgment. Amend. Corrects reference to URCP 7. Technical amendments.
URCP 63. Disability or disqualification of a judge. Amend. Advises the judge regarding voluntary recusal upon remand after reversal.
URCP 64. Writs in general. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64A. Prejudgment writs in general. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64B. Writ of replevin. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64C. Writ of attachment. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64D. Writ of garnishment. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64E. Writ of execution. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 64F. Waiver of bond or undertaking. Repeal. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 66. Receivers. Repeal and reenact. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures.
URCP 69. Execution and proceedings supplemental thereto. Repeal. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69A. Seizure of property. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69B. Sale of property; delivery of property. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
URCP 69C. Redemption of real property after sale. New. Substantial reorganization of rules regulating writs for the seizure of property. Substantial changes to procedures. Substantial changes to seizure and sale of property.
Posted: March 2, 2004
URAP 1. Scope of rules. Recognizes the new rules governing appeals in child welfare cases. Effective May 3, 2004.
URAP 2. Suspension of rules. Adds a reference to two of the new child welfare rules. Effective May 3, 2004.
URAP 11. The record on appeal. Requires the trial court to include any presentence investigation report as a part of the record on appeal, and clarifies the manner in which the record should be paginated.
URAP 12. Transmission of the record. Requires a certified court reporter to prepare and file a transcript index.
URAP 24. Briefs. Requires parties who are seeking attorney fees to explicitly state the basis for the request.
URAP 52. Child Welfare Appeals. A notice of appeal must be filed within 15 days from the order to be appealed. Cross-appeals must be filed within 15 days. Effective May 3, 2004.
URAP 53. Notice of Appeal. Describes the contents and service requirements of the notice of appeal. Effective May 3, 2004.
URAP 54. Transcript of Proceedings. Any necessary transcripts must be requested within 4 days after an appeal is filed. Effective May 3, 2004.
URAP 55. Petition on Appeal. The appellant must file a petition on appeal within 15 days from the notice of appeal. The rule describes the format and contents of the petition. Effective May 3, 2004.
URAP 56. Response to Petition on Appeal. A response to the petition on appeal must be filed with 15 days. Effective May 3, 2004.
URAP 57. Record on Appeal; transmission of record. Establishes what is considered to be the record on appeal and when it must be transmitted. Effective May 3, 2004.
URAP 58. Ruling. The court will issue a ruling based on the record on appeal, the petition, and the response, or the court can order that the case be fully briefed. Effective May 3, 2004.
URAP 59. Extensions of time. The rule describes the procedure and circumstances for extensions of time to file the appeal, the petition, or the response. Effective May 3, 2004.
Posted: March 2, 2004
URE 608. Evidence of character and conduct of witness. Changes rule to be consistent with changes to the Federal Rule.
URE 803. Hearsay exceptions; availability of declarant immaterial. Transfers Rule 803(24) and Rule 804(b)(5) to a new Rule 807 to reflect changes to the Federal Rules of Evidence.
URE 804. Hearsay exceptions; declarant unavailable. Transfers Rule 803(24) and Rule 804(b)(5) to a new Rule 807 to reflect changes to the Federal Rules of Evidence.
URE 807. Other Exceptions. Transfers Rule 803(24) and Rule 804(b)(5) to a new Rule 807 to reflect changes to the Federal Rules of Evidence.
Posted: March 2, 2004
URJP 44. Findings and conclusions. Clarifies requirement to review proposed order prior to signing.
URJP 45. Pre-disposition reports and social studies. Identifies the official responsible for delivery of the pre-disposition report.
URJP 46. Disposition hearing. Clarifies requirement to prepare proposed order and review it prior to signing.
URJP 53. Appearance and withdrawal of counsel. Modifies certification of counsel for withdrawal after final order.
Posted: March 2, 2004
URSCP 10. Set aside of default judgments and dismissals. Reduce time to move to set aside from 30 to 15 days. Effective May 3, 2004.
URSCP 12. Appeals. Conform time to appeal to statute (30 days). Effective May 3, 2004.
Posted: March 2, 2004
CJA 1-205. Standing and ad hoc committees. Establishes the Judicial Outreach Committee. Technical amendments.
CJA 3-111.03. Standards of judicial performance. Establishes 30 hours per year as the minimum standard for certification.
CJA 3-114. Judicial outreach. Identifies the responsibilities of the Judicial Outreach Committee.
CJA 3-201.02. Court Commissioner Conduct Committee. Changes composition of Court Commissioner Conduct Committee.
CJA 3-202. Court Referees. Permits court to hire full or part time referee by contract. Effective December 15, 2003 subject to further amendment after the comment period.
CJA 3-412. Procurement of goods and services. Increases the amount of contracts within the discretion of the TCE from $1000 to $5000.
CJA 4-202.02. Records classification. Changes designation of PSI report from “controlled” to “protected” to conform with statute.
CJA 4-402. Clerical resources. Establishes process for clerical weighted caseload.
CJA 4-701. Failure to appear. Increases bail for failure to appear.
CJA 9-101. Board of Justice Court Judges. Changes justice court representative on the Education Committee.