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Rules of Civil Procedure – Effective November 1, 2019

URCP086. Licensed Paralegal Practitioners. New. Addresses the applicability of the Utah Rules of Civil Procedure to Licensed Paralegal Practitioners.

Supreme Court Order for URCP086

URCP100. Coordination of cases pending in district court and juvenile court. Amend. To ensure better coordination of cases between courts, Rule 100 is amended to clarify that parties who have a child custody case in one court must notify that court of any other custody case in another court involving the same party or the same child. Custody cases include minor guardianship.

Supreme Court Order for URCP100

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Code of Judicial Administration and Rules of Appellate Procedure – Effective October 8, 2019, pursuant to Rule 11-105(5) of the Utah Code of Judicial Administration

CJA11-0401. Standing Committee on Appellate Representation and the Appellate Roster. Amend.

URAP038B. Qualifications for Appointed Appellate Counsel. Amend.

URAP058. Ruling. Amend.

The following is a brief summary of the rule amendments:
  • Updates terminology in Rule 11-401 to address legislative changes;
  • Addresses in Rule 11-401 the addition to the Appellate Roster of appeals of private parental termination cases from the district court;
  • Adds a mentoring provision to Rule 11-401;
  • Adds a rolling admissions provision to Rule 11-401;
  • Addresses in Rule 11-401 the Indigent Defense Commission’s role with the committee;
  • Merges the provisions of Appellate Rule 38B into Rule 11-401;
  • Addresses in Rules 38B and 11-401 the role of attorneys’ contracts with government entities to represent indigent individuals on appeal prior to Rule 11-401’s adoption;
  • Addresses the tension between Rule 55 and the child welfare appellate roster in Rule 58;
  • Adds transparency to the Appellate Roster vetting process; and
  • Amends the Appellate Roster reconsideration process.

Supreme Court Order

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Rules of Civil Procedure – Effective January 1, 2020

URCP109.  Injunction in certain domestic relations cases. New. Provides that in certain domestic relations cases, an injunction will enter upon the filing of the case. Its provisions address areas such as disposing of property, disturbing the peace of the other party, committing domestic violence, using the other party’s identification to obtain credit, interfering with telephone or utility service, modifying insurance, and behavior around the minor children. The injunction is binding on the petitioner upon filing the initial petition and on the respondent after the filing of the initial petition and upon receipt of a signed copy of the injunction as entered by the court.

Supreme Court Order

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Rules of Appellate Procedure – Effective November 1, 2019

URAP045. Review of judgments, orders, and decrees of court of appeals. Amend. Conforms the rule to current practice in providing that unless the rule requires otherwise, every reference in Rules 45 through 51 to a petition or petitioner includes a cross-petition or cross-petitioner, respectively.

URAP049. Petition for writ of certiorari. Amend. Corrects an erroneous reference in paragraph (a)(6)(C) from Rule 47(c) to Rule 48(d)(1)(B).

 

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Rules of Evidence – Effective November 1, 2019

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.

Supreme Court Order

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