URE0617. Eyewitness Identification. NEW. Rule 617 is a new rule outlining the criteria and procedures to be used by a factfinder to evaluate a contested eyewitness identification. This rule ensures that when called upon, a trial court will perform a gatekeeping function and will exclude unreliable eyewitness identification evidence in a criminal case. Several organizations, including the Department of Justice and the ABA, have published best practices for eyewitness identification procedures when a witness is asked to identify a perpetrator who is a stranger to the witness. As scientific research advances, other factors in addition to those outlined in Subsection (b) may be considered.
URCP058B. Satisfaction of judgment. Amend. Updates terminology and provides that the juvenile court will file an abstract of judgment in the district court upon entering an unpaid restitution order as a civil judgment. Also provides that If the judgment falls under Rule 58 of the Utah Rules of Juvenile Procedure, the judgment creditor must file an acknowledgment of satisfaction in both the district court and the juvenile court within 28 days after full satisfaction of the judgment.
URJP058. Victim rights. Amend. Provides that if the juvenile court enters an unpaid restitution order as a civil judgment, the juvenile court will file an abstract of judgment in the district court. The victim is entitled to enforce the judgment in the district court and the judgment shall be treated in all respects as if the judgment was originally entered in the district court.
URJP032. Initiation of ungovernability and runaway cases. Amend. Revised to reflect that the rule applies to children and not minors and to mirror the language of Section 78A-6-103(3).
CJA07-0302. Court reports prepared for delinquency cases (formerly titled “Social studies”). AMEND. Changes “social studies” to “court reports” to reflect current nomenclature. Provides greater detail regarding information to be included in court reports. Makes non-substantive stylistics changes.
CJA04-0202.03. Records access. AMEND. Permits a parent or guardian of a minor victim to access the disposition order entered in a delinquency case.
CJA04-0903. Uniform custody evaluations. AMEND. Adds “Licensed Clinical Mental Health Counselor” to list of professionals who may perform custody evaluations and replaces list of statutory custody factors with citation to relevant sections of Utah Code.
CJA01-0204. Executive committees. AMEND. Clarifies role of Policy and Planning Committee regarding human resources policies and procedures.
CJA03-0402. Human resources administration. AMEND. Updates committee membership and clarifies workflow for processing proposed revisions to the human resource policies and procedures.
URCrP022. Amended. Sentence, judgment and commitment.
USB14-0302. Definitions. New. This is part of an effort to codify Standing Order No. 7, which established a program of professionalism counseling for members of the Utah State Bar. This rule provides the definitions used in Rule 14-303.
USB14-0303. Professionalism and Civility Counseling. New. This is part of an effort to codify Standing Order No. 7, which established a program of professionalism counseling for members of the Utah State Bar. This rule provides for the composition of the Professionalism and Civility Counseling Board, the Board’s authority and responsibilities, and the procedures surrounding the submission and resolution of complaints.
USB14-0510. Prosecution and appeals. Amend. Updates references to Standing Order No. 7 to new Rule 14-303.
UCJA06-0101. The Board of District Court Judges. Amend. Increases the Board composition from ten to eleven positions. Provides that the Fifth Judicial District now has its own Board position.
URCP073. Attorney Fees. Amend. In response to McQuarrie v. McQuarrie, 2017 UT App 209, and Chaparro v. Torero, 2018 UT App 181, clarifies that all requests for attorney fees are governed by Rule 73, no matter when they are raised.
URE0511. Insurance Regulators. Amended. The 2017 amendments reflect 2017 legislative changes to the underlying statute. Minor style and other non-substantive edits were also made.
Following the recent enactment of rules authorizing licensed paralegal practitioners, the Rules of Professional Conduct have been amended to address interactions between lawyers and licensed legal practitioners. “Legal professional” is now the umbrella term for lawyers and licensed paralegal practitioners.
RPC01.07. Conflict of Interest: Current Clients.
RPC01.10. Imputation of Conflicts of Interest: General Rule.
RPC01.11. Special Conflicts of Interest for Former and Current Government Employees.
RPC01.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral.
RPC01.18. Duties to Prospective Client.
RPC02.04. Lawyer Serving as Third-Party Neutral.
RPC03.03. Candor toward the Tribunal.
RPC03.05. Impartiality and Decorum of the Tribunal.
RPC04.02. Communication with Persons Represented by Counsel.
RPC05.01. Responsibilities of Partners, Managers, and Supervisory Lawyers.
RPC08.03. Reporting Professional Misconduct.