Continue Reading

Rules of Criminal Procedure – Effective May 1, 2020

URCrP004. Prosecution by information. Amended. The approved amendments moves the requirements for reviewing probable cause to rule 6.

URCrP006. Warrant of arrest or summons. Amended. The approved amendments will require the court to review an information for probable cause prior to issuing a warrant. Review is not required at the time of issuing a summons.

URCrP038. Appeals from justice court to district court. Amended. The approved amendments will result in the justice court no longer being required to send the entire file to the district court on appeal. Only certain documents will be sent.

Supreme Court Order

Continue Reading

Rules of Appellate Procedure – Effective February 19, 2020

URAP005. Discretionary appeals from interlocutory orders. Amended. The amendments to Rules 5 and 10 incorporate substantial changes meant to streamline and modernize the appellate process. For example, the proposed addition of subsection (j) in Rule 5 defines the record on appeal and permits a party to submit an appendix to be filed separately with the party’s principal brief. The proposed amendments authorize citations to the record, to an appendix, or both.

URAP010. Procedures for summary disposition or simplified appeal process. Amended. The amendments to Rule 10 allow specific classes of appeals to be designated for expedited review. The proposed amendments also narrow the grounds for parties to seek summary disposition by limiting such motions to jurisdictional objections. The Court retains its right to summarily dismiss, affirm, or reverse a case on its own initiative.

URAP021. Filing and Service. Amended. The amendments to Rules 21 and 26 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email). Rule 21 amendments would allow parties to file and serve papers by email, with different requirements for briefs and papers other than briefs. Paragraph (f) directs the parties on electronic signatures. The amendments in proposed paragraph (b) incorporate the Standing Order’s timing for paying fees.

URAP026. Filing and Service of Briefs. Amended. The amendments to Rule 26 address email service and number of paper copies required in the appellate courts.

Supreme Court Order for URAP 5 and 10

Supreme Court Order for URAP 21 and 26

Continue Reading
Continue Reading
Continue Reading
Continue Reading
Continue Reading

Rules of Civil Procedure – Effective December 18, 2019, pursuant to Rule 11-105(5) of the Utah Code of Judicial Administration

URCP086. Licensed paralegal practitioners. AMEND. The approved amendments remove the requirement to serve papers on both the party and the licensed paralegal practitioner, and instead require a licensed paralegal practitioner who has entered a general appearance to inform their client of any papers filed, regardless of whether the paper falls within the scope of the licensed paralegal practitioner’s representation.

Supreme Court Order

Continue Reading
Continue Reading
Continue Reading