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Rule11-105. Supreme Court Action on Rule Modifications.

Intent:

To establish procedures for the review andadoption of rule change recommendations.

Applicability:

This rule shall apply to the Supreme Courtand the Administrative Office of the Courts.

Statement of the Rule:

(1) Advisory committee proposals. TheSupreme Court shall consider committee proposals and adopt, modify or rejectthose proposals. The Supreme Court shall notify committee chairs and theAdministrative Office of the Courts as to which proposals were adopted,modified, or rejected.

(2) Petitions concerning rules or procedurespertaining to the practice of law. The Supreme Court shall consider petitionsand petitioners? memoranda and adopt, modify, or reject the proposals made andenter an appropriate order.

(3) Court-initiated rules.

(3)(A) In its discretion, the Supreme Courtmay adopt rules of procedure or evidence, rules regulating judges pro temporeand retired judges, and rules governing the practice of law, or modify orrepeal those rules upon its own initiative and without proposals by theadvisory committees or the Utah State Bar.

(3)(B) The Supreme Court shall distribute acopy of the proposed rule as provided in Rule 11-106.

(3)(C) The Administrative Office of theCourts shall publish the rule for a 45-day comment period and submit anycomments received during that period to the Supreme Court for consideration.The Supreme Court may then adopt, or amend and adopt, or decline to adopt therule.

(4) Effective date. Rules shall becomeeffective 60 days after adoption by the Supreme Court unless otherwise ordered.

(5) Expedited rulemaking.

(5)(A) Notwithstanding the other provisionscontained in these rules, if the Supreme Court determines that it is in thebest interest of the Judiciary to suspend the rulemaking procedures, theSupreme Court may adopt any rule and provide a date for the rule to becomeeffective.

(5)(B)The Supreme Court shall distribute acopy of the approved rule as provided in Rule 11-106. The Administrative Officeof the Courts shall publish the rule for a 45-day comment period and submit anycomments received during that period to the Supreme Court for consideration.The Supreme Court may then ratify, amend or repeal the rule.

(6) Publication. All rules adopted by theSupreme Court shall be published.