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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Rules of Civil Procedure and Rules of Juvenile Procedure – Effective November 1, 2019

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).

Supreme Court Order for URCP058B

Supreme Court Order for URJP058

Supreme Court Order for URJP032

 

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Code of Judicial Administration – Effective November 1, 2019

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.

Judicial Council Order for CJA07-0302

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.

Judicial Council Order for CJA04-0202.03 and CJA04-0903

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Rules Governing the Utah State Bar in the Supreme Court Rules of Professional Practice – Effective May 15, 2019

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.

Supreme Court Order

 

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Rules of Professional Conduct (LPP Amendments) – Effective May 1, 2019

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.

RPC01.00. Terminology.

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.

Supreme Court Order

 

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