Author: Utah Courts

Rules of Civil Procedure – Comment period closes October 1, 2020

Consolidation and Venue Transfer Amendments

URCP042. Consolidation; separate trials; venue transfer. AMEND.

The amendments to Rule 42 involve two issues: consolidation and venue transfer. The amendments clarify the powers of the district court to 1) consolidate two or more cases from any district in the state, 2) transfer a case from any court to any other court in the state, or 3) take either action as to just a portion of two or more cases. The amendments further mandate that cases filed in an improper venue be transferred to a proper venue when such is available. The venue amendments address the Supreme Court’s invitation in Footnote 4 of Davis County v. Purdue Pharma, L.P, 2020 UT 17.

 

Domestic Injunction Amendments

URCP005. Service and filing of pleadings and other papers. AMEND.

URCP109. Injunction in certain domestic relations cases. AMEND.  

The proposed amendments to Rules 5 and 109 address conflicting provisions between the two rules. The amendments to Rule 5 add an exception to allow specific rules to state who serves the petition. The amendments to Rule 109 require the petitioner, rather than the court, to provide a copy of the injunction to the respondent.

 

Notice Amendments

As a whole, the proposed amendments to Rules 4, 7, 8, 36, and 101 would require more notice to parties of their rights and obligations. An example of a document containing the Judicial Council-approved bilingual notice of rights may be found here.

URCP004. Process. AMEND.  

The proposed notice amendments to Rule 4(c)(1) would require that the Judicial Council-approved bilingual notice of rights be included with the summons.

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND.

The proposed notice amendments to Rule 7(c) would require caution language on the first page of all dispositive motions. It also requires the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.

URCP008. General rules of pleadings. AMEND. 

The proposed notice amendments to Rule 8(a) would require caution language on the first page of all pleadings requesting relief and provides consequences for failing to do so.

URCP036. Request for admission. AMEND.

The proposed notice amendments to Rule 36(b) would require caution language on the first page of all requests for admission and provides consequences for failing to do so.

URCP101.Motion practice before court commissioners. AMEND.

The proposed notice amendments to Rule 101(a) would require caution language on the first page of all motions to court commissioners. It would also require the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.

 

Service of Process Amendments

URCP004. Process. AMEND.  

The proposed service of process amendments to Rule 4 address service on minors in paragraph (d)(1)(B) and outline the requirements for electronic acceptance of service in paragraph (d)(3)(B).

 

Supplemental Proceedings Amendments

URCP64.Writs in general. AMEND.  

The proposed amendments to Rule 64 would require that 1) enforcement proceedings be initiated by motion under new Rule 7A, and 2) that the party against whom enforcement proceedings are initiated be served with the notice of hearing under Rule 4. Under the proposed amendments, If the party did not appear at the enforcement proceedings hearing, only then could a bench warrant issue. The term “referee” in paragraph (c) has also been replaced with “clerk of court.”

URCP007A. Motion to enforce order and for sanctions. NEW. 

URCP007B. Motion to enforce order and for sanctions in domestic law matters. NEW. 

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND.  

New Rule 7A, which circulated once already for comment, has been split into two rules, 7A and 7B, in response to comments made during the comment period last year. Rules 7A and 7B would create a new, uniform process for enforcing court orders through regular motion practice. They would replace the current order to show cause process found in Rule 7(q) and in local court rules. During the comment period, several practitioners noted that the order to show cause process in the domestic arena differed from the process in other civil cases and should be separated out. Rule 7B would now address the domestic law order to show cause process. As previously noted, this would result in the repeal of Rule 7(q) because the provisions addressing the court’s inherent power to initiate order to show cause proceedings would now be found in Rules 7A(h) and 7B(h).

 

Vexatious Litigant Amendments

URCP083. Vexatious litigants. AMEND. 

The proposed amendments would bring represented parties into the rule’s purview. They would also permit any court to rely on another court’s vexatious litigant findings and order their own restrictions.

 

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Code of Judicial Administration – Comment Period Extended to September 8, 2020

CJA03-0101. Judicial Performance Standards (AMEND)

CJA03-0104. Presiding Judges (AMEND)

CJA03-0111. Performance Evaluation of Senior Judges and Court Commissioners (AMEND)
The proposed amendments to Rules 3-101, 3-104, and 3-111 establish a definition for “submitted” for purposes of the case under advisement performance standard. The updates also provide discretion to the Council to excuse full compliance with the performance standards regarding cases under advisement and education hours for circumstances beyond the judge’s control, pursuant to Utah Code section 78A-2-223.

The comment period’s expiration is extended from July 25, 2020 to September 8, 2020. The original notice of comment period is found here.

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Supreme Court Regulatory Reform Proposal-Comment Period Closes July 23, 2020

The Utah Supreme Court requests comments on its regulatory reform efforts. The comment period is open for 90 days, ending on July 23, 2020. Please see https://sandbox.utcourts.gov/ and the press release for more information.

Supreme Court Standing Order

Standing Order 15: This order would establish a pilot legal regulatory sandbox and an Office of Legal Services Innovation to assist the Utah Supreme Court with respect to overseeing and regulating the practice of law by nontraditional legal service providers or by traditional providers offering nontraditional legal services.

Rules of Professional Conduct

Rules Governing the Professional Independence of Lawyer: The Supreme Court proposes repealing current Rule 5.4 of the Rules of Professional Conduct and replacing it with Rules 5.4A and 5.4B.

  • Rule 5.4A: This rule would govern lawyers delivering legal services in the traditional and conventional model. New Rule 5.4A(a) outlines the foremost duties of a lawyer – the duty of independence of judgment, duty of loyalty to the client, and duty of confidentiality – applicable to the rest of the Rule. The preeminence of these professional core values is further explained in new Comments [1] and [2] as they pertain to sharing fees with nonlawyers, with lawyers in a separate firm, and accepting referrals and payments from parties other than the client. In order to loosen the restriction on fee sharing, Rule 5.4A(b) allows a lawyer to share legal fees with a nonlawyer as long as written notice is given at the outset of the representation or before sharing fees from an existing client.
  • Rule 1.5: Paragraph (e) of this rule would be eliminated to allow dividing fees among lawyers who are not in the same firm.
  • Rule 5.4B: This rule would be applicable to lawyers participating in the pilot legal regulatory sandbox. Like proposed Rule 5.4A, the core professional values for lawyers underlying this proposed rule are stated at the outset under subsection (a). Comments [1] and [2] reiterate and clarify the importance of the underlying core values and duties of a lawyer, notwithstanding the novel arrangement with nonlawyers. Proposed Rule 5.4B(b) allows a lawyer to practice law in an organization that is managed or owned, in whole or in part, by nonlawyers, as long as (i) the client is given written notice that nonlawyers have a financial interest in the organization or nonlawyers have managerial authority over the lawyer, and (ii) the client receives in writing the financial or managerial structure of the organization.

Lawyer Advertising Rules: The Supreme Court proposes significantly simplifying the lawyer advertising rules in the Rules of Professional Conduct. Under this proposal, current Rules 7.1, 7.2, 7.3, 7.4, and 7.5 would be repealed and replaced with new Rule 7.1. Notably, this proposal would eliminate the prohibition against in-person solicitation found in current Rule 7.3.

  • Rule 7.1: Would prohibit (i) making false and misleading claims about the lawyer or the lawyer’s services, and (ii) interacting in a way that involves coercion, duress, or harassment.

Drafts for Review

Standing Order 15 (conceptualizing the pilot legal regulatory sandbox and Office of Legal Services Innovation)

Redline Rules 5.4A and 5.4B (showing the changes from current Rule 5.4)

Redline Rule 1.5 (showing the elimination of paragraph (e))

Clean Rules 5.4A and 5.4B (showing the traditional legal services delivery model and the model contemplated in the pilot legal regulatory sandbox)

Redline Rules 7.1 through 7.5 (showing the process of simplifying the lawyer advertising rules)

Clean Rules 7.1 through 7.5 (showing simplified Rule 7.1 and the reservation of Rules 7.2, 7.3, 7.4, and 7.5)

 

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Rules of Civil Procedure – Comment Period Closed June 21, 2018

URCP004. Process. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.

URCP011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.

URCP055. Default. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5) expedited rulemaking.

URCP063. Disability or disqualification of a judge. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5).

 

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Rules Governing the State Bar – Comment Period Closed March 17, 2018

USB14-0101  Amend.  Article 1.  Integration and Management.

USB14-0102  Amend.  Rule 14-102.  Regulation of the practice of law.

USB14-0103  Amend.  Rule 14-103.  Organization and management of the Bar.

USB14-0104  Amend.  Rule 14-104.  Admission to practice law; qualifications, enrollment, oath, and fees.

USB14-0105  Amend.  Rule 14-105.  Conduct of licensed lawyers and judicial officers; complaints, investigations, and discipline.

USB14-0107  Amend.  Rule 14-107.  Annual license, fees; disbursements of funds.

USB14-0108  Amend.  Rule 14-108.  Issuance of license; form.

USB14-0110  Amend.  Rule 14-110.  Active and inactive members of the Bar.

USB14-0111  Amend.  Rule 14-111.  Practicing without a license prohibited.

USB14-0112  Amend.  Rule 14-112.  Duties of attorneys and counselors at law.

USB14-0201  Amend.  Bylaws.

USB14-0203  Amend.  Rule 14-203.  License categories.

USB14-0210  Amend. Rule 14-210.  General.

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Rules Governing the State Bar – Comment Period Closed March 17, 2018

USB14-0701  Amend.  Changes to Rule 14-701 clear up confusion regarding the definition of “bar examination” and make the definition of practice of law consistent with the definition used in 14-802.

USB14-0807  Amend.  Changes to Rule 14-807 clarify language that has been a source of confusion for students seeking to practice under the rule.

USB14-0809  New.  This new rule will allow lawyers admitted in other jurisdictions, who have submitted an application for admission to the Utah State Bar, to practice law in Utah under supervision while awaiting admission

USB14-0704  Amend.  Change makes the rule consistent with proposed rule 14-809.

USB14-0705  Amend.  Change makes the rule consistent with proposed rule 14-809.

USB14-0713  Amend.  Change makes the rule consistent with proposed rule 14-809.

USB14-0719  Amend.  Change makes the rule consistent with proposed rule 14-809.

USB14-0806  Amend.  Change makes the rule consistent with proposed rule 14-809.

USB14-0904 Amend.  Changes to the rule clarify that any lawyer on whose behalf the Fund for Client Protection makes a payment can be administratively suspended for failure to reimburse the Fund.

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Rules of Juvenile Procedure – Comment Period Closed November 27, 2017

URJP014 Reception of referral, preliminary determination.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP017 The petition.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP034 Pretrial hearings in non-delinquency cases.  Clarifies when the court may enter a default judgment.

URJP048 Post judgment motions.  Renames rule from “New hearings” to “Post judgment motions” to more accurately reflect the full scope of the rule’s content.  Reduces the time to file post judgment motions to 14 days from the 28 days provided by the Rules of Civil Procedure to avoid conflicts with the shorter time frames for filing expedited child welfare appeals.

 

 

 

 

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Rules Governing Licensed Paralegal Practitioner – Comment Period Closed October 15, 2017

LPP Guiding Principles

LPP Summary

LPP15.0301

LPP15.0501

LPP15.0502

LPP15.0503

LPP15.0504

LPP15.0506

LPP15.0508

LPP15.0509

LPP15.0510

LPP15.0511

LPP15.0512

LPP15.0513

LPP15.0514

LPP15.0515

LPP15.0516

LPP15.0517

LPP15.0518

LPP15.0519

LPP15.0520

LPP15.0522

LPP15.0523

LPP15.0524

LPP15.0525

LPP15.0526

LPP15.0527

LPP15.0528

LPP15.0529

LPP15.0530

LPP15.0531

LPP15.0532

LPP15.0533

LPP15.0601

LPP15.0602

LPP15.0603

LPP15.0604

LPP15.0605

LPP15.0606

LPP15.0607

LPP15.0901

LPP15.0901

LPP15.0902

LPP15.0903

LPP15.0904

LPP15.0905

LPP15.0906

LPP15.0907

LPP15.0909

LPP15.0910

LPP15.0911

LPP15.0912

LPP15.0913

LPP15.0914

LPP15.0915

LPP15.0916

LPP15.01001

LPP15.01101

LPP15.01102

LPP15.01103

LPP15.01104

LPP15.01105

LPP15.01106

LPP15.01107

LPP15.01108

LPP15.01109

LPP15.01110

LPP15.01111

LPP15.01112

LPP15.01113

LPP15.01114

LPP15.01115

LPP15.01116

LPP15.01117

LPP15.01118

LPP15.01119

LPP15.01120

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