Author: Utah Courts

Rules of Appellate Procedure – Effective November 1, 2020

URAP048. Time for petitioning. Amend. First, the amendments to URAP Rule 48(c) clarify that the new paragraph (b) of Rule 35 does not affect the time for filing a petition for a writ of certiorari, unless the Court of Appeals treats the request as a petition for rehearing under Rule 35(a). Second, the amendments to Rule 48(e) are meant to conform to current Supreme Court practices in reviewing requests for time extensions. Third, the amendments remove paragraph (f) to conform with Standing Order 11. Fourth, there are general clean-up amendments proposed throughout the rule.

Supreme Court Order

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Code of Judicial Administration – Effective June 22, 2020

CJA01-0201. Membership – Election. AMEND – Makes changes to general provisions regarding election of Judicial Council members to implement in rule SB0167 from the 2020 general session.

CJA06-0102. Election of District Court judges to the Judicial Council. AMEND – Makes changes to provisions regarding election of District Court members of the Judicial Council to implement in rule SB0167 from the 2020 general session.

CJA07-0101. Juvenile Court Board, Executive Committee and Council Representatives. AMEND – Makes changes to provisions regarding election of Juvenile Court members of the Judicial Council to implement in rule SB0167 from the 2020 general session.

Judicial Council Order

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Rules of Appellate Procedure – Effective November 1, 2020

URAP035. Petition for rehearing. Amend. The amendments to Rule 35: (1) provide a mechanism for filing a letter for nonsubstantive/clerical errors, (2) incorporate Standing Order 11 (regarding filing documents by email), and (3) include general cleanup for clarity and consistency.

URAP036. Remittitur. Amend. The amendments to Rule 36 incorporate Standing Order 11 (regarding filing documents by email) and include general cleanup for clarity and consistency.

Supreme Court Order

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Rules of Juvenile Procedure – Effective November 1, 2020

URJP009. Detention hearings; scheduling; hearing procedures.  Amended. Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113 and brings rule in compliance with H.B. 384-Juvenile Justice Amendments (2020) and prior juvenile justice reforms.  The revisions place restrictions on the amount of time and the conditions under which the minor may be held in detention.  Requires a court determination of grounds for admission within 24 hours including weekends and holidays. Revises standard from reasonable basis to probable cause.   Deletes the Advisory Committee Note.

URJP032.  Initiation of ungovernability and runaway cases.  Amended. Revised to reflect that petitions related to children who are ungovernable or are runaways may only be filed by the Division of Juvenile Justice Services pursuant to statutory changes contained in S.B.65-Child Welfare Amendments (2020).

Supreme Court Order

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Code of Judicial Administration – Effective May 12, 2020

CJA01-0205. Standing and ad hoc committees (AMEND)
Amends the title of the Uniform Fine and Bail Schedule Committee to the “Uniform Fine Committee.”

CJA04-0302. Uniform recommended fine/bail schedule (AMEND) 

Amends the title of the rule to the “Recommended Uniform Fine Schedule,” deletes “bail” and/or replaces “bail” with “fine,” deletes “and a youth offender schedule” because the Uniform Fine Schedule no longer includes fines regarding youth, minors, or juvenile court, and in regard to presentence investigation reports, deletes “prepared by the Department of  Corrections” and the “Juvenile Court Probation Department” because that is not always the case.

CJA04-0701. Failure to appear (AMEND)
Replaces “forfeit bail” with “remit a fine” and replaces “bail” with “fine.”

CJA04-0704.  Authority of court clerks (AMEND)

Replaces “bail” with “fine,” replaces “forfeit bail” with “remit a fine,” and changes the name of the schedule to the “Uniform Fine Schedule.”
CJA06-0301. Authority of court commissioner as magistrate (AMEND)
Amends “bail” to “fines.”
Appendix B. Justice Court Standards (AMEND)
Amends “bail schedule” to “fine schedule.”
Appendix F. Utah State Courts Records Retention Schedule (AMEND)
Changes the name of the schedule to the “Uniform Fine Schedule.”
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Rules of Appellate Procedure – Effective November 1, 2020

URAP009. Docketing statement. Amend.  The amendments to Rule 9 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.

URAP019. Extraordinary writs. Amend.  The amendments to Rule 19 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.

URAP028A. Appellate Mediation Office. Amend. The amendments to Rule 28A incorporate the advisory committee note into the language of the rule and repeal the note.

URAP033. Damages for delay or frivolous appeal; recovery of attorney fees. Amend. The amendments allow the court to impose sanctions without a hearing or at the court’s discretion, so long as the party is provided with notice and an opportunity to respond.

URAP044. Transfer of improperly pursued appeals. Amend. The amendments to Rule 44 incorporate the advisory committee note into the language of the rule and repeal the note.

Supreme Court Order

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