Author: Utah Courts

Rules of Professional Conduct

RPC01.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral. Amend. Amendment in conjunction with changes to RPC 2-4. Effective: November 1, 2006
RPC02.04. Lawyer Serving as Third-Party Neutral. Amend. Provides what a lawyer serving as a mediator may and must do. Effective: November 1, 2006
Supreme Court Order

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Rules Governing the Utah State Bar

Recodification Tracking Table. Renumbers all of the rules governing the Utah State Bar to conform with other Court rules. Amendments are intended to simplify and conform provisions without changing the substance of the existing rules. The summary table tracks the current rules into the renumbered rules and lists the new rule numbers and titles.
USB 14-0101 et seq. Integration and Management. Renumber and amend. Effective: November 1, 2006
USB 14-0201 et seq. Bylaws. Renumber and amend. Effective: November 1, 2006
USB 14-0301 et seq. Standards of Professionalism and Civility. Renumber and amend. Effective: November 1, 2006
USB 14-0401 et seq. Mandatory Continuing Legal Education. Renumber and amend. Effective: November 1, 2006
USB 14-0501 et seq. Lawyer Discipline and Disability. Renumber and amend. Effective: November 1, 2006
USB 14-0601 et seq. Standards for Imposing Lawyer Sanctions. Renumber and amend. Effective: November 1, 2006
USB 14-0701 et seq. Admissions. Renumber and amend. Effective: November 1, 2006
USB 14-0801 et seq. Special Practice Rules. Renumber and amend. Effective: November 1, 2006
USB 14-0901 et seq. Lawyers’ Fund for Client Protection. Renumber and amend. Effective: November 1, 2006
USB 14-1001 et seq. IOLTA. Renumber and amend. Effective: November 1, 2006
USB 14-1101 et seq. Fee Arbitration. Renumber and amend. Effective: November 1, 2006
Supreme Court Order

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Code of Judicial Administration

CJA 03-406. Budget and fiscal management. Amend. Permit greater discretion in defining budget programs. Effective November 1, 2006.
CJA 03-414. Court security. Amend. Permit private security agents transporting money to be armed. Effective April 24, 2006.
CJA 04-202.08 Fees for records, information, and services. Amend. Reduces to cost per Xchange search after 200 searches from $.20 to $.10. Effective August 1, 2006. Approved as an expedited amendment under Rule 2-205. Subject to further change after the comment period.
CJA 04-404. Jury selection and service. Amend. Differentiates between excuse from jury service and postponement. Modifies the qualification process to enable qualifying on the web. Eliminates demographic information from the qualification questions. Deletes requirement that an excused juror be called in the next term. Effective November 1, 2006.
CJA 06-303. Collection of fines and restitution. Amend. Corrects references from Office of Recovery Services and Department of Corrections to Office of State Debt Collection. Effective November 1, 2006.
CJA 10-1-303. Parent-time enforcement mediation. New. To establish a policy regarding Expedited Parent-time Enforcement Pilot Program. Effective November 1, 2006.
CJA 10-1-501. Orders to show cause. New. The rule describes the process for requesting an order to show cause in the Fifth District Court. Effective November 1, 2006.
CJA 10-1-801. Fax filings. New. Prohibits most fax filings in the Eighth District Court. Effective November 1, 2006.
CJA Appx F. Record Retention Schedule. Amend. Retain search warrants not associated with a case for five years. Effective November 1, 2006.
Judicial Council Minutes.

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Bypass of Parental Consent

Rule of Juvenile Procedure
URJP 60. Judicial bypass procedure to authorize minor to consent to an abortion. New. Establishes an expedited procedure by which a minor can petition to bypass parental consent to an abortion. Further amendments approved by the Supreme Court shown by redline effective May 10, 2006. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Rule of Appellate Procedure
URAP 60. Judicial bypass appeals. New. Establishes an expedited procedure by which a minor can appeal denial or dismissal of a petition to bypass parental consent to an abortion. Effective May 1, 2006. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Supreme Court Order May 1, 2006
Supreme Court Order May 10, 2006

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Rules of Appellate Procedure

URAP 04. Appeal as of right: when taken. Amend. The proposed amendments are intended to clarify the status of a notice of appeal filed while certain motions are pending. The notice of appeal will be effective as of the date the motion is resolved, but will only be effective for the underlying judgment.
URAP 08A. Emergency relief. New. Creates a new rule to establish a process for managing requests for emergency relief.
URAP 09. Docketing statement. Amend. Contains a technical change to reflect a legislative amendment requiring a motion to withdraw a guilty plea to be made before sentencing.
URAP 12. Transmission of the record. Amend. Requires the clerk transmit the record in post-conviction cases.
URAP 19. Extraordinary writs. Amend. Clarifies the process for resolving petitions for extraordinary relief, and references Rule 8A for other requests for emergency relief. Clarifies that the court?s decision will be based on the petition and the response, unless briefing is requested by the court.
URAP 30. Decision of the court: dismissal; notice of decision. Amend. Technical change.
Supreme Court Order.

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Rules of Civil Procedure

URCP 4. Process. Dispense with requirement that order allowing service by publication be published.
URCP 6. Time. Technical changes to conform with Rule 7.
URCP 7. Pleadings allowed, motions, memoranda, hearings, orders, objection to commissioner?s order. Removes motions to court commissioners from the scope of the rule. Establishes the maximum length of memoranda at 10 pages without leave of the court.
URCP 24. Intervention. Provides for notice to the attorney general, county attorney or municipal attorney when claiming that a statute or ordinance is unconstitutional.
URCP 62. Stay of proceedings to enforce a judgment. Clarify finality rule. This version does NOT contain the legislative amendments of HJR 16. See entry for 2004-03-02.
URCP 64D. Garnishment. Conform to statutory changes assigning collection responsibility to the Department of Workforce services.
URCP 68. Offer of judgment. Repeal and reenact. Limit liability of offeror for costs and attorney fees incurred by offeree after an offer. Establishes offeree?s responsibility for offeror?s costs.
URCP 74. Withdrawal of counsel. Replaces 4-506. Modifies content of notice/request to withdraw.
URCP 101. Domestic pretrial conferences and orders. Repeal.
URCP 106. Modification of divorce decrees. Replaces CJA 6-404. Requires petition, served as an initial complaint, to initiate action to modify divorce decree.

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Code of Judicial Administration

CJA 4-202.08. Fees for records, information, and services. Changes fee for on-line search from per minute to per search basis.
CJA 4-611. Probable cause determinations for purposes of detention. Repeal. Procedure governed by URCrP 7.
CJA 4-801. Transfer of small claims cases. Conform to small claims amendments.
CJA 4-802. Motion to reinstate small claims proceedings. Repeal. Procedures governed by Small Claims Rule 10.
CJA 4-803. Trials de novo in small claims cases. Repeal. Procedures governed by Small Claims Rule 12.
CJA 11-101. Supreme Court’s rulemaking process. Include rules regulating the Utah State Bar in the Supreme Court?s rule making process. Adopts notice of comment period by email.
CJA 11-203. Senior justice court judges. Repeal and reenact. Adopt for senior justice court judges the similar qualifications and procedures as for senior judges of the courts of record.

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