Author: Utah Courts

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 – 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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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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