Author: Utah Courts

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Code of Judicial Administration – Effective May 1, 2020

CJA01-0204. Executive Committees (AMEND). The Judicial Council formalized a new executive committee, the Budget and Fiscal Management Committee. Proposed amendments add the Budget and Fiscal Management Committee to the executive committee list, and define the Committee’s duties.

CJA03-0406. Budget and Fiscal Management (AMEND). The proposed amendments reflect the Judicial Council’s policy change regarding its budget process.

CJA01-0205. Standing and Ad Hoc Committees (AMEND). The Judicial Council’s Standing Committee on the Online Court Assistance Program (OCAP) no longer exists. Proposed amendments remove the OCAP member positions from the Committee on Resources for Self-Represented Parties and the Committee on Court Forms.

CJA03-0111. Performance Evaluation of Active Senior Judges and Court Commissioners (AMEND). The reporting standards for active judges versus senior judges and commissioners were different. Utah Code 78A-2-223 sets a standard of two months for trial judges. For consistency, the proposed amendments change the standard for senior judges and commissioners from “60 days” to “two months.”

CJA04-0905. CJA 4-905. Restraint of Minors in Juvenile Court (AMEND). The proposed amendment eliminates the subsection of the referenced statute to avoid outdated citations in the future.

CJA10-01-202. Verifying Use of Jury (REPEALED). The Second District Court requested that local supplemental rule CJA 10-1-202 be repealed because it is no longer needed. The Second District follows practices set forth in general rules observed by all other judicial districts.

CJA Appendix F. Utah State Court Records Retention Schedule. Eliminates the requirement that the enhancement forms previously required under Rule 9-301 be retained permanently.  Because Rule 9-301 was repealed, those records should now be destroyed at the same time as the file to which the record pertains. Changes the retention for domestic violence cases to ten years to reflect the change in statute that makes those offenses enhanceable for ten years.

Judicial Council Order

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Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak – Effective April 21, 2020

The Utah Supreme Court issues the following Order. This Order modifies the Bar Examination passage requirement on an emergency basis for certain eligible law school graduates and attorneys from other jurisdictions in good standing, based upon the Utah Supreme Court’s constitutionally granted authority to regulate the practice of law in Utah, and in consideration of the public health threat currently posed by the novel infectious coronavirus (COVID-19).

Supreme Court Order

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Rules of Juvenile Procedure – Effective May 1, 2020

URJP027A. Admission of statements given by minors. Amended.  Revised to delete paragraph (a)(2) due to concerns that the language may unconstitutionally shift the  burden to a juvenile to show that the juvenile did not knowingly and voluntarily waive his or her rights.  Clarifies that the state retains the burden of proving that the waiver was knowing and voluntary regardless of the child or minor’s age. Also deletes the Advisory Committee Note.

Supreme Court Order

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Rules of Appellate Procedure – Effective April 2, 2020

URAP002. Suspension of rules.

URAP003. Appeal as of right: how taken.

URAP004. Appeal as of right: when taken.

URAP009. Docketing statement.

URAP011. The record on appeal.

URAP012. Transmission of the record.

URAP014. Review of administrative orders: how obtained; intervention.

URAP020. Habeas corpus proceedings.

URAP021. Filing and service.

URAP022. Computation and enlargement of time.

URAP024. Principal and reply briefs.

URAP027. Form of briefs.

URAP029. Oral arguments.

URAP031. Expedited appeals decided after oral argument without written opinion.

URAP033. Damages for delay or frivolous appeal; recovery of attorney’s fees.

URAP037. Suggestion of mootness; voluntary dismissal.

URAP038B. Qualifications for appointed appellate counsel.

URAP040. Attorney’s or party’s signature; representations to the courts; sanctions and discipline.

URAP041. Certification of questions by law of United States courts.

URAP042. Transfer of case from Supreme Court to Court of Appeals.

URAP043. Certification by the Court of Appeals to the Supreme Court.

Supreme Court Order – Amending Advisory Committee Notes to rules 2, 3, 9, 21, 22, 24, 27, 38B, 40, 41, 42, and 43

Supreme Court Order – Removing Advisory Committee Notes to rules 4, 11, 12, 14, 20, 29, 31, 33, 37, and 41

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Code of Judicial Conduct – Effective May 1, 2020

CJC02.11. Disqualification. Amended. The amendments clarify that a judge is disqualified from a case in which a lawyer in the proceeding supervises or is supervised by a judge’s family member, but the disqualification requirement is eliminated if the employing entity removes the family member from the lawyer’s line of supervision.

Supreme Court Order

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Rules of Criminal Procedure – Effective May 1, 2020

URCrP004. Prosecution by information. Amended. The approved amendments moves the requirements for reviewing probable cause to rule 6.

URCrP006. Warrant of arrest or summons. Amended. The approved amendments will require the court to review an information for probable cause prior to issuing a warrant. Review is not required at the time of issuing a summons.

URCrP038. Appeals from justice court to district court. Amended. The approved amendments will result in the justice court no longer being required to send the entire file to the district court on appeal. Only certain documents will be sent.

Supreme Court Order

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Rules of Appellate Procedure – Effective February 19, 2020

URAP005. Discretionary appeals from interlocutory orders. Amended. The amendments to Rules 5 and 10 incorporate substantial changes meant to streamline and modernize the appellate process. For example, the proposed addition of subsection (j) in Rule 5 defines the record on appeal and permits a party to submit an appendix to be filed separately with the party’s principal brief. The proposed amendments authorize citations to the record, to an appendix, or both.

URAP010. Procedures for summary disposition or simplified appeal process. Amended. The amendments to Rule 10 allow specific classes of appeals to be designated for expedited review. The proposed amendments also narrow the grounds for parties to seek summary disposition by limiting such motions to jurisdictional objections. The Court retains its right to summarily dismiss, affirm, or reverse a case on its own initiative.

URAP021. Filing and Service. Amended. The amendments to Rules 21 and 26 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email). Rule 21 amendments would allow parties to file and serve papers by email, with different requirements for briefs and papers other than briefs. Paragraph (f) directs the parties on electronic signatures. The amendments in proposed paragraph (b) incorporate the Standing Order’s timing for paying fees.

URAP026. Filing and Service of Briefs. Amended. The amendments to Rule 26 address email service and number of paper copies required in the appellate courts.

Supreme Court Order for URAP 5 and 10

Supreme Court Order for URAP 21 and 26

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