Author: Utah Courts

Rules Governing the Utah State Bar – Effective November 1, 2021

USB14-0802. Authorization to practice law. Amend. The rule will now allow an LPP to stand or sit with their client during a proceeding to provide emotional support, answer factual questions as needed that are addressed to the client by the court or opposing counsel, take notes, and assist the client to understand the proceeding and relevant orders. This amendment differs from what circulated for comment by clarifying and limiting the scope of the LPP’s assistance at counsel table.

Supreme Court Order

Continue Reading

Rules of Appellate Procedure – Effective November 1, 2021

URAP015. Petitions for review in tax cases. Amend. The amendments to Rule 15: (1) remove the statutory citations in 15(a) and (c); (2) rework the language in 15(c); and (3) clean up other language for clarity and consistency.

URAP043. Certification by the Court of Appeals to the Supreme Court. Amend. The amendments to Rule 43: (1) change the due date from 10 days to 14 days in 43(b)(1); (2) comport the rule with Standing Order No. 11; and (3) clean up other language for clarity and consistency.

Supreme Court Order

Continue Reading

Rules Governing Licensed Paralegal Practitioners – Effective June 3, 2021

URGLPP15-0703. Qualifications for licensure as a Licensed Paralegal Practitioner. Amend. The rule omits reference to the repealed Limited Time Waiver and adds clarity to the qualifying degrees and certifications under the education portion of the eligibility requirements.

URGLPP15-0705. Limited time waiver. Repeal. As of May 1, 2021, the Limited Time Waiver has expired. The Waiver was slated to expire three years from the date which the Bar began accepting applications for the Licensed Paralegal Practitioner, which began in spring 2019.

Supreme Court Order

 

Continue Reading

Rules Governing Licensed Paralegal Practitioners – Effective May 1, 2021

URGLPP15-0401. Purpose. REPEALED.

URGLPP15-0402. Definitions. REPEALED.

URGLPP15-0404. Active status licensed paralegal practitioner MCLE. REPEALED.

URGLPP15-0405. MCLE requirements for licensed paralegal practitioner on inactive status. REPEALED.

URGLPP15-0406. MCLE requirements for limited paralegal practitioner on active military duty. REPEALED.

URGLPP15-0408. Credit hour defined; application for approval. REPEALED.

URGLPP15-0409. Self-study categories of accredited MCLE defined. REPEALED.

URGLPP15-0410.  Accreditation of MCLE; attendance; undue hardship  and special accreditation. REPEALED.

URGLPP15-0411. Board accreditation of non-approved sponsor courses. REPEALED.

URGLPP15-0412.  Presumptively approved sponsors; presumptive MCLE accreditation. REPEALED.

URGLPP15-0413.  MCLE credit for qualified audio and video presentations; webcasts; computer interactive telephonic programs; writing; lecturing; teaching; live attendance. REPEALED.

URGLPP15-0414.  Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. REPEALED.

URGLPP15-0415.  Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. REPEALED.

URGLPP15-0416.  Limited paralegal practitioner on active status not practicing in Utah; limited paralegal practitioner on active status engaged in full-time volunteer work in remote locations. REPEALED.

URGLPP15-0417.  Miscellaneous fees and expenses. REPEALED.

Supreme Court Order

 

 

 

Continue Reading

Rules of Juvenile Procedure – Effective September 1, 2021

URJP018. Summons; service of process; notice. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP020. Discovery generally. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP022.  Initial appearance and preliminary examination in cases under Utah Code section 78A–6–703.3. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP043. Evidence. Amended.  Updates statutory reference to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP046. Disposition hearing. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP047. Reviews and modification of orders. Amend.  Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP056. Expungement. Amended.  Updates statutory references and makes minor revisions to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

Supreme Court Order

Continue Reading

Code of Judicial Administration – Effective June 28, 2021

CJA01-0305. Board of Senior Judges. Amended. The amendments to CJA Rule 1-305 modify the Board of Senior Judges.

CJA03-0104. Presiding judges. Amended. The amendments to CJA Rule 3-104 clarify the authority of a presiding judge to assign a senior judge by referencing CJA Rule 3-108.

CJA03-0108. Judicial assistance. Amended. The amendments to CJA Rule 3-108 establish the circumstances for which a senior judge assignment may be made and the procedure for making a senior judge assignment.

CJA03-0113. Senior judges. Amended. The amendments to CJA Rule 3-113 clarify and modify the circumstances in which a senior judge may be compensated for judicial coverage.

CJA03-0501. Insurance Benefits Upon Retirement. Amended. The amendments to CJA Rule 3-501 provide guidance for the use of the senior judge incentive benefit.

CJA11-0201. Senior Judges. The amendments to CJA Rule 11-201 provide the Supreme Court with additional information about applicants for appointment as a senior judge and clarify the process in which an applicant may respond to a Judicial Council recommendation regarding the appointment of a senior judge.

Judicial Council Order

Continue Reading

Rules of Criminal Procedure – Effective November 1, 2021

URCrP016. Discovery. Amended. The amendments incorporate changes suggested by the public comments to require disclosure of police officer’s notes only if they have not been incorporated into a police report, allowing defendants to waive the mandatory disclosures, and clarifying the notice procedure when a prosecutor decides a required disclosure is either not lawful or would endanger any person or an ongoing investigation.

Supreme Court Order

 

Continue Reading

Rules of Civil Procedure – Effective November 1, 2021 and May 1, 2022

DISCLOSURE AND DISCOVERY AMENDMENTS

URCP026.  General provisions governing disclosure and discovery. Amend. The amendments to Rule 26 extend several discovery timelines and clarify multiple provisions. The amendments also include the language that was proposed in SJR004 (2021), which addressed a party’s duty to pay an expert witness’s hourly fee for attendance at a deposition.

FAMILY LAW AMENDMENTS
As a whole, the family law amendments below are intended to

URCP010. Form of pleadings and other papers. Amend. Effective May 1, 2022. 

URCP012.  Defenses and objections. Amend.

URCP026. General provisions governing disclosure and discovery. Amend.

URCP026.01. Disclosure and discovery in domestic relations actions. Amend.

URCP100A.  Case Management of Domestic Relations Actions. NEW.

URCP104. Divorce decree upon affidavit. Amend.

URCP106.  Modification of final domestic relations order. Amend.

Supreme Court Order for rules 12, 26, 26.1, 100A, 104, and 106

Supreme Court Order for Rule 10

Continue Reading

Rules of Juvenile Procedure – Effective September 1, 2021

URJP009. Detention hearings; scheduling; hearing procedure. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP016. Transfer of delinquency case. Amended. Makes revisions to transferring delinquency cases between judicial districts to reflect statutory changes made by H.B. 285 Juvenile Recodification.

URJP016A. Transfer of non-delinquency proceeding. New. A new rule establishing procedures for transferring non-delinquency cases between judicial districts in response to statutory changes contained in H.B. 285 Juvenile Recodification.

URJP017. The petition. Amended. Updates statutory references and makes revisions to the contents to be included in a petition for termination of parental rights to reflect statutory changes contained in H.B. 285 Juvenile Recodification.

URJP023A. Hearing on factors of Utah Code section 78A-6-703.3; bind over to district court. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP026. Rights of minors in delinquency proceedings. Amend. Make revisions to bring the rule in compliance with S.B. 32 Indigent Defense Act Amendments (2019); specifically Utah Code Sections 78B-22-102 and 78B-22-204 and updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP029A. Visual recording of statement or testimony of child victim or witness of sexual or physical abuse – Conditions of admissibility. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP029B. Hearings with remote conferencing from a different location. Amended.  Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP035. Pre-trial procedures. Amended. Updates statutory reference to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

Supreme Court Order

Continue Reading

Code of Judicial Administration – Effective November 1, 2021

CJA01-0204. Executive committees (AMEND). Allows the Policy and Planning Committee, Liaison Committee, and Budget and Fiscal Management Committee to each determine their own schedule for electing chairs.

CJA02-0103. Open and closed meetings (AMEND). Adds the category of “safeguarded” to the list of reasons that a Council meeting may be closed. The amendment corrects an oversight. The rule wasn’t updated when “safeguarded court records” were added as a classification in CJA rule 4-202.02.

Judicial Council Order

Continue Reading