Author: Utah Courts

Rules Governing Licensed Paralegal Practitioner – Comment Period Closed September 21, 2018

RGLPP15-0705. Known as the “grandfathering” rule because it describes the licensing requirements for Licensed Paralegal Practitioner applicants who have worked as paralegal for at least 7 years and therefore are exempt from the educational requirements for three years from the date the Bar begins to accept LPP licensure applications. Rule 15-705 is not yet effective and was previously published for comment. The LPP Steering Committee determined that LPP applicants seeking to meet the work experience requirements of the rule should be able to meet those requirements by being supervised by a Licensed Paralegal Practitioner. The current rule only allows supervision by a lawyer. The Steering Committee determined that LPP applicants in some regions of the State may not be able to meet the supervised work requirement if supervision by a lawyer is required. Supervision by an LPP will allow more applicants to obtain the work necessary for licensure.

Continue Reading
Continue Reading

Code of Judicial Administration – Comment Period Closed August 10, 2018

CJA03-0401. Office of General Counsel.  Amend.  Deletes certain unnecessary and outdated provisions.  Removal of the language in lines 39-42 does not abdicate Judges’ responsibility to make their own decisions pursuant to the Code of Judicial Conduct.

CJA03-0414. Court Security.  Amend.  Allows the Court Security Director to possess a firearm and ammunition in a courthouse when qualified and requires court access cards to be color-coded.

CJA04-0403. Electronic Signature and Signature Stamp Use.  Amend.  Adds “orders appointing a court visitor” to the list of documents on which a clerk may use a judge’s signature stamp, with prior approval from a judge or commissioner.

CJA04-0701. Failure to Appear.  Amend.  Deletes the reference to failures to appear as a separate offense pursuant to S.B. 58, which eliminated the crime of failure to appear on a citation.

CJA04-0202.03. Records Access.  Amend.  Allows for access to certain records for Licensed Paralegal Practitioners.  Allows access to juvenile court social records by entities or individuals providing services to juveniles.

CJA04-0202.09. Miscellaneous.  Amend.  Adds specific requirements for records access requests for email correspondence.

Continue Reading

Rules of Criminal Procedure – Comment Period Closed August 5, 2018

URCrP007C. Amend. The amendments to rule 7C will bring the rule in line with current practices. The rule clarifies the processes for securing a material witness’s testimony.

URCrP008. Amend. The amendments to rule 8 will make the rule consistent with developments in the law. The amendments will also require trial courts of record to appoint counsel on appeal from the roster maintained by the Board of Appellate Court Judges.

Continue Reading
Continue Reading

Rules of Juvenile Procedure – Comment Period Closed July 22, 2018

URJP005. Amended.  Makes revisions to the definition of “ungovernability” to comply with statutory changes, which become effective July 1, 2018.  Corrects references to “child” rather than “minor.”

URJP09. Amended.  Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113, which will become effective July 1, 2018.  The revisions place restrictions on the amount of time and the conditions under which the minor may be held in detention.

URJP011. Amended.  Clarifies that a request to extend the time period for filing a petition related to a detention order shall be made specifically by motion rather than merely “a separate written request.”  Eliminates outdated language regarding court forms.

URJP018. Amended.  Adds the term “parents” to make the language of the rule consistent with 78A-6-109.

URJP058. Amended.  Adds a reference to Chapter 37 to the statement “the court shall honor the rights and procedures accorded to victims pursuant to Title 77, Chapters 37 and 38, Victims Rights.”

Continue Reading

Rules of Civil Procedure – Comment Period Closed July 19, 2018

URCP0005. Service and filing of pleadings and other papers. Amend. Paragraph (b)(3)(B) is amended to remove the requirement that a person must agree to accept service by email in order to be served by email. If a person provides an email address pursuant to Rule 10(a)(3) or Rule 76, the person may be served Rule 5 papers at that address.

URCP0109. Automatic injunction in certain domestic relations cases. New. Provides that in certain domestic relations cases, an automatic injunction will enter upon the filing of the case. Its provisions address areas such as disposing of property, disturbing the peace of the other party, committing domestic violence, using the other party’s identification to obtain credit, interfering with telephone or utility service, modifying insurance, and behavior around the minor children. The injunction is binding on the petitioner upon filing the initial petition and on the respondent after the filing of the initial petition and upon receipt of a signed copy of the injunction.

Continue Reading
Continue Reading

Rules of Juvenile Procedure – Comment Period Closed May 28, 2018

URJP004  Rule 4 is revised to include weekends and holidays in the computation of time to bring the juvenile rule into conformity with computation of time rules contained in civil and criminal rules.  It also eliminates provisions related to motions, which were previously moved to Utah R. Juv. P. 19A.

Continue Reading