Author: Utah Courts

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Code of Judicial Administration

CJA 04-0905. Restraint of minors in juvenile court. New. Provides for the proper restraint of minors in juvenile court proceedings. Provides that ex parte communications related to restraint are not prohibited, but that the judge or commissioner shall notify all parties of the communication as soon as possible and give them an opportunity to respond. Effective October 1, 2015 under rule 2-205 of the Utah Code of Judicial Administration.
September Judicial Council Minutes.

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Rules of Criminal Procedure – Effective November 1, 2015

URCrP002 Time. Amend. Changes the way time will be computed, marking time in calendar days, rather than business days. Includes a provision for counting times stated in hours.
URCrP004 Prosecution of public offenses. Amend. Requires prosecutors to list the citation number on an information if a citation was previously issued in the case in order to ensure that cases can be consolidated when they are electronically filed. Makes technical changes.
URCrP012 Motions. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP014 Subpoena. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP016 Discovery. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP017 The trial. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP021A Presentence investigation reports; Restitution. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP022 Sentence, judgment and commitment. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP024 Motion for new trial. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP026 Written orders, judgments and decrees. Amend. Requires the court to prepare the final judgment and sentence. Requires litigants to submit motions and orders as separate documents. Makes technical changes.
URCrP027 Stays of sentence pending appeals from courts of record. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP027B Stays pending appeal from a court not of record – hearings de novo, DUI, and reckless driving cases. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP028 Disposition after appeal. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP029 Disability and disqualification of a judge or change of venue. Amend. Establishes a process for change of venue in justice courts. Clarifies the change of venue process in courts of record. Makes technical changes.
URCrP029A Change of judge as a matter of right. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP038 Appeals from justice court to district court. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
Supreme Court Order

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Rules of Civil Procedure

URCP 055. Default. Amend. Requires that the plaintiff provide a verfiied complaint or affidavit setting forth necessary facts to establish the amount of the claim, after deducting credits, and verifies that the amount is warranted by information in the plaintiff’s possession. Effective July 8, 2015 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
Supreme Court Order.

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Rules of Civil Procedure

URCP 005. Service and filing of pleadings and other papers. Amend. Eliminates service by fax and allows the parties to agree to a method of service not approved by rule. Eliminates the requirement to obtain a lawyer’s agreement to be served by email. Retains that requirement when serving self represented parties. Requires electronic filing by parties with an electronic filing account. Describes how to file an affidavit. Style changes intended to simplify and clarify the rule.
URCP 007. Pleadings allowed; motions, memordanda, hearings, orders. Repeal and reenact. Brings regularity to motion practice. Adopts many of the provisions of Rule 71 of the U.S. District Court for the District of Utah. Combines the motion and the memorandum supporting the motion into one document. Establishes new page limits. Describes supplemental authority and an objection to evidence. Prohibits a proposed order in most circumstances. Describes the process for preparing an order after a ruling on the motion. Eliminates the requirements for words indicating that nothing further is required of the parties if the judge intends a ruling or decision to be final. Eliminates the requirement that an order be a separate document.
URCP 054. Judgment; costs. Defines a “judgment.” Eliminates the requirement to state the process by which the judgment was entered. Removes an antiquated process for amending the judgment to include interest and costs. Style changes intended to simplify and clarify the rule.
URCP 056. Summary judgment. Repeal and reenact. Adopts many of the provisions of the Federal Rule of Civil Procedure 56. Includes some special requirements formerly found in rule 7.
URCP 058A. Entry of judgment; abstract of judgment. Amend. Requires that every judgment and decree be prepared as a separate document. Describes the process for preparing a proposed judgment. Fixes the time at which the judgment is entered; even if a separate document is not prepared.
Supreme Court Order.

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Code of Judicial Administration

CJA 04-0401.01. Electronic media coverage of court proceedings. Amend. Provides a presumption of electronic media coverage in court proceedings where the predominant purpose of the coverage is journalism or dissemination of news to the public. Provides that all requests for electronic media coverage must come through the court’s public information office. Requires that news reports providing pool coverage shall promptly share their files with other news reporters and that news reporters must be willing and able to share their files to be approved to provide coverage.
Judicial Council Minutes.

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Rules of Civil Procedure

URCP 062. Stay of proceedings to enforce a judgment. Amend. Removes the special bond requirements for municipalities with an adverse judgment of $5,000,000 or more. See HJR 20.

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