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Rule11-104. Procedures Pertaining to the Practice of Law.

Intent:

To establishprocedures for adopting or modifying rules pertaining to the practice of law.

Applicability:

??This rule shall apply to the Supreme Court, the Administrative Office ofthe Courts, the Utah State Bar, the Supreme Court Board of Continuing LegalEducation, and the Supreme Court Ethics and Discipline Committee.

Statementof the Rule:

??(1) Petitions. Petitions for the adoption, repeal or amendment of rulesor procedures governing, affecting, or pertaining to the practice of law, otherthan the rules of professional conduct, shall be filed with the Supreme Court.Petitions shall set forth the proposed rule or amendment or the text of therule proposed for repeal and shall specify the need for and anticipated effectof the proposal.

??(2) Publication. If, after preliminary review of the petition, theSupreme Court determines the proposed adoption, repeal or amendment of a rulemay be warranted, it will submit the proposal to the Administrative Office ofthe Courts to be published for a 45-day comment period.

??(3) Distribution. Distribution of the proposed rule or amendments shallbe as provided in Rule11-106.

??(4) Supreme Court review. Upon the expiration of the comment period, theAdministrative Office of the Courts shall compile all of the written commentreceived and forward it to the Supreme Court.

??(5) Petitioner?s review. Following receipt of the written comment, theSupreme Court shall submit a copy of the comments to the entity who filed thepetition seeking the rule change. Petitioner shall review the comments andrecommend any final modification to the rules or procedures. Once petitionerhas completed its review, it shall submit a memorandum to the Supreme Courtcontaining the petitioner?s final proposals, a summary of the public comment,and the petitioner?s recommendations in response to the public comment.

 

Effective May 1, 2018