Category: -Code of Judicial Administration

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Rules of Civil Procedure and Code of Judicial Administration – Comment period closes August 8, 2019

URCP026.04. Provisions governing disclosure and discovery in contested proceedings under Title 75 of the Utah Code. New. Carves out the circumstances under which an objection to a probate petition may be made, as well as the initial disclosures and timelines for discovery.

CJA06-506. Procedure for contested matters filed in the probate court. New. Codifies a long-standing probate mediation practice in the Third District, makes probate mediation statewide, institutes a pre-mediation conference, and addresses the role of interested persons.

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Code of Judicial Administration – Comment Period Closed at noon on January 4, 2019

CJA01-0205. Standing and Ad Hoc Committees.  AMEND – adds Court Security Director as a member of the Court Facility Planning Committee.

CJA02-0208. Publication and Distribution.  AMEND – remove requirement that AOC and TCEs “maintain a copy of the CJA and make it available for inspection during business hours.”

CJA03-0103. Administrative Role of Judges.  AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0104. Presiding Judges.  AMEND – clarifies responsibilities of presiding judges to coordinate with presiding justice court judges regarding magistrate rotation.

CJA03-0106. Legislative Activities.  AMEND – clarify options available to judicial council in response to legislative activities.

CJA03-0107. Executive Branch Policy Initiatives.  AMEND – clarify options available to judicial council in response to executive initiatives.

CJA03-0111. Performance Evaluation of Senior Judges and Court Commissioners.  AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0413. Judicial library resources.  AMEND – revises rule to conform with current practice and removes outdated provisions that no longer conform to current practice.

CJA03-0501. Insurance Benefits Upon Retirement.  AMEND – adds “parental leave” to the “sick day” calculation for purposes of determining post-retirement insurance benefits.

CJA04-0202.09. Miscellaneous.  AMEND – removes the requirement for a party to label a filing as private, protected, controlled, juvenile social / juvenile legal, or safeguarded.

CJA04-0403. Electronic signature and signature stamp use.  AMEND – authorizes use of judge signature stamp on writs of habeas corpus ad prosequendum / testificandum for transport of federal prisoners.  Authorizes use of judge signature stamp on forthcoming / proposed Rule 109 (Domestic Relations Injunctions) orders.

CJA04-0405. Juror and Witness Fees and Expenses.  AMEND – makes various revisions to align rule with current business practices at court and state level.

CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees.  AMEND – removes default requirement to provide documentation supporting affidavit of impecuniousity, authorizing judge to specifically request that such documentation be provided on a case by case basis.

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Code of Judicial Administration – Comment Period Closed December 13, 2018

CJA04-0409. Council Approval of Problem Solving Courts.  AMEND – Removes certification criteria from Rule 4-409 and adds those items to the Judicial Council’s problem solving court certification checklist.  Clarifies and provided greater detail regarding the Judicial Council’s problem solving court certification process.  Makes miscellaneous stylistic changes and minor non-substantive revisions.

Adult Drug Court Certification Checklist. AMEND – Adds certification criteria previously located in Rule 4-409.  Reformats and reorganizes existing content for greater clarity and ease of use.  Make minor non-substantive revisions and corrections.  While publication of the certification checklist is not required under CJA 2-203, the Judicial Council is seeking public comment on the certification checklist due to its interdependence with CJA 4-409.  Although the specific version of the checklist published for public comment relates to “Adult Drug Courts,” feedback will be considered more broadly as applying to all types of Utah problem solving courts.  The Judicial Council specifically seeks feedback on the continuing need for the “in rural areas” exception language marked with an asterisk in “Required Criteria” number 13 and 14.

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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.

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