The Supreme Court or Judicial Council has approved and adopted the following rules, which rules are effective on the date indicated. To view the newly adopted rules, click on any rule number.
Under circumstances described in CJA Rules 2-205 or 11-105, certain rules may have been adopted prior to a public comment period. The public is provided the opportunity to provide comment on those rules during the 45 days following the adoption of any such rule. To review and comment, click on the “LINKS” tab directly below. Then click on “Proposed Rule Amendments Published for Comment” to be taken to the page where links to rules subject to public comment are located.
Posted: May 23, 2022
CJA09-0109. Presiding Judges. (AMEND). Simplifies the leadership structure of justice courts and addresses the compensation disparity related to presiding and associate presiding judges by eliminating the position of Education Director. The Associate Presiding Judge will assume education duties.
Posted: May 23, 2022
CJA04-0508. Guidelines for ruling on a motion to waive fees. (AMEND). The proposed amendments are in response to S.B. 87, effective May 4, 2022. Among other things, SB 87 amends provisions regarding affidavits of indigency and requires a court to find an individual indigent under certain circumstances.
CJA01-0204. Executive committees. (AMEND).
CJA 01-0205. Standing and Ad Hoc Committees. (AMEND).
Creates a Standing Committee on Working Interdisciplinary Network of Guardianship Stakeholders (WINGS). Renames the Policy and Planning Committee to the “Policy, Planning, and Technology Committee.” In addition to its current responsibilities, the committee will now review and recommend technology policies and priorities. The Standing Technology Committee is dissolved.
Posted: May 20, 2022
URJP007. Warrants. Amend. Updates statutory references affected by H.B. 248. Allows counsel for the Division of Child and Family Services to file an ex parte motion to vacate a warrant issued pursuant to Utah Code section 80-2a-202. Changes the text style of “ex parte” in subsection (h) from italic text to standard text to make it consistent with other rules.
URJP012. Admission to shelter care. Amend. Updates statutory references affected by H.B. 248.
URJP013. Shelter hearings. Amend. Updates statutory references affected by H.B. 248.
URJP014. Reception of referral; preliminary determination. Amend. Updates statutory references affected by H.B. 248.
Posted: May 20, 2022
URJP025. Pleas. Amend. Modifies paragraph (a) and adds statutory reference to Utah Code section 80-6-306. Adds reference to the rule itself. Deletes paragraph (d) to remove language contained in Utah Code section 80-6-306. Details the procedure for how delayed admissions under Utah Code section 80-6-306 will be resolved.
URJP060. Judicial bypass procedure to authorize minor to consent to abortion. Amend. Qualifies that the time frame in subsection (d) is three calendar days or two business days, whichever is longer.
Posted: May 9, 2022
URAP010. Procedures for summary disposition or simplified appeal process. Amend. The amendments to Rule 10, paragraph (d): address enlargements of time for filing memoranda under the simplified appeals process to make the language regarding the deadline for such motions consistent with that in Rules 22(a) and 22(b)(3).
URAP011. The record on appeal. Amend. The amendments to Rule 11: (1) address the Court’s concerns—that arose in Arreguin-Leon v. Hadco Constr., LLC, 2020 UT 59, 472 P.3d 927—about defining what constitutes the record on appeal and the procedures for correcting or supplementing the record on appeal; (2) clarify and adjust the deadlines for ordering transcripts, ensuring that indigent parties have the opportunity to review the case before being required to order transcripts; (3) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (4) make other changes to conform with the Appellate Clerks’ Office current practice.
URAP012. Transmitting the record. Amend. The amendments to Rule 12: (1) recognize the current practice of utilizing electronic records and the appellate court’s transcript management system; (2) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (3) make other changes to conform with the Appellate Clerks’ Office current practice.
Posted: April 28, 2022
The Utah Supreme Court voted to delay the implementation of Utah Rule of Civil Procedure 100A until November 1, 2022.
URCP100A. New. Case Management of Domestic Relations Actions.
Posted: March 15, 2022
URAP025. Amicus curiae briefs. Amend. Amended rule to: (1) modify the language throughout to rule to mirror the federal rule; (2) incorporate the language from Rule 50 regarding amicus curiae briefs; (3) allow an amicus curiae brief to be filed without leave of court if all parties have consented to its filing; (4) provide a word count length requirement; (5) change the due date from 21 days to 14 days in 25(d); (6) add language in 25(g) addressing responsive briefs; (7) change the due date from 14 days to 7 days in 25(a); and (8) clean up other language for clarity and consistency.
URAP050. Response; reply. Amend. Amended rule to: (1) remove all mention of amicus curiae briefs and incorporate that language into Rule 25; (2) replace the phrase “subject index” with “table of contents” in 50(b); (3) change the due date from 14 days to 7 days in 50(d); (4) incorporate Standing Order 11; and (5) clean up other language for clarity and consistency.
Posted: March 14, 2022
CJA01-0205. Standing and Ad Hoc Committees (AMEND). Creates a Standing Committee on Fairness and Accountability. Amends the membership of the Committee on Resources for Self-represented Parties, the Committee on Model Utah Criminal Jury Instructions, and the Committee on Court Forms.
CJA02-0103. Open and closed meetings (AMEND). Removes the requirement that the AOC send a separate notification to a newspaper of general circulation when the Judicial Council meeting agendas are posted on the Utah Public Notice Website. Clarifies that a Judicial Council meeting may be closed for discussions regarding legal advice of counsel.
CJA04-0302. Recommended Uniform Fine Schedule. (AMEND). In May 2020, the Management Committee approved changing the name of the committee from “Recommended Uniform Fine Schedule Committee” to “Recommended Uniform Fine Committee,” but the name wasn’t amended in the rule. The proposed amendment simply reflects the approved name change.
Posted: March 14, 2022
CJA03-0420. Committee on Fairness and Accountability (NEW). Outlines the roles and responsibilities of the new Committee on Fairness and Accountability.
Posted: March 14, 2022
CJA03-0407. Accounting. (AMEND). The amendments to the rule address the following items:
1. Incorporate the Budget and Fiscal Management Committee (BFMC) into Rule 3-407 as an approval body for accounting manual updates. The original version of Rule 3-407 predated the creation of the BFMC.
2. Elevate and document the role of the clerks of court as reviewers and approvers of new and amended accounting manual policies, post review by the Accounting Manual Review Committee but before the BFMC. The clerks of court are performing this role today, the proposed amendment would simply incorporate current practice into policy. This change has been endorsed by Shane Bahr and Neira Siaperas.
3. Eliminate the court services representative on the Accounting Manual Review Committee as the elevation of the review by all clerks of court will more comprehensively address any role played by the old court services area which has been integrated into IT.