Author: Utah Courts

Code of Judicial Administration – Effective May 24, 2021

CJA04-0403. Electronic signature and signature stamp use (AMEND).  New Utah Rules of Civil Procedure 7A and 7B, effective May 1, 2021, replaced the order to show cause process  with new “motion to enforce” procedures. Similar to the OSC process, a moving party files an ex parte motion and the court issues an order. The rule amendment allows clerks and judicial assistants to use, with prior approval, an electronic signature or signature stamp to process motions to enforce.

Judicial Council Order

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Rules of Juvenile Procedure – Effective September 1, 2021

URJP012. Admission to shelter care. Amended. Updates statutory reference to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP013. Shelter hearings. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP027. Fingerprinting, photographing, and regulating discovery; HIV testing. Amended.  Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP034. Pre-trial hearing in non-delinquency cases. Amended. Updates statutory reference to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP051. Violation of probation and contempt by a minor. Amended. Updates statutory reference to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

Supreme Court Order

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Code of Judicial Administration – Effective May 1, 2021

CJA02-0211. Compliance with the Code of Judicial Administration and the Code of Judicial Conduct (AMEND). Expands the ability to report allegations of a failure to comply with the provisions of the CJA and the CJC to any court employee. Clarifies the reporting process. Allows information identifying the complainant to be omitted from reports to the Judicial Council. If the allegations involve inappropriate behavior toward the complainant, the complainant must be made aware of any corrective action taken. The complainant may ask for Judicial Council review of any decision made by the presiding officer.

CJA10-01-0501. Orders to show cause (REPEAL)

CJA10-01-0602. Orders to show cause (REPEAL)

The Supreme Court approved revisions to URCP rule 7, and created new URCP rules 7A and 7B. Rules 7A and 7B create a new, uniform process for enforcing court orders through regular motion practice. The new rules (effective May 1, 2021) replace the current order to show cause process found in Rule 7(q) and in the two local court rules listed above.

Judicial Council Order

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Rules of Civil Procedure – Effective May 1, 2021

URCP006. Time. AMEND. The proposed amendments to Rule 6(c) acknowledge the timing issues surrounding mail service by expanding the amount of time to act from 3 days to 7.

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The proposed amendments to Rule 7 provide that motion hearings may be held remotely, consistent with the safeguards in Rule 43(b).

URCP037. Statement of discovery issues; Sanctions; Failure to admit, to attend deposition or to preserve evidence. AMEND. The proposed amendments to Rule 37 provide that hearings on discovery issues be conducted remotely, consistent with the Rule 43(b) safeguards.

URCP043. Evidence. AMEND. Replaces repealed Code of Judicial Administration Rule 4-106. The proposed amendments provide appropriate safeguards for the use of remote hearings and bring evidentiary hearings into the rule’s purview. The amendments also adopt an oath to be used for all witness testimony.

URCP045. Subpoena. AMEND. The proposed amendments to Rule 45 provide that if an appearance is required in response to a subpoena, the subpoena must provide notice of the date, time, and place for the appearance and, if remote transmission is requested, instructions for participation and who to contact if there are technical difficulties.

Supreme Court Order

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

Changes include the following and the attached letter from David Hirschi, Chair of the MCLE Board. “The Supreme Court Board of Mandatory Continuing Legal Education is proposing changes to the MCLE Rules that govern licensed attorneys.  For more information, please see the attached letter from David Hirschi, Chair MCLE Board.”

David Hirschi MCLE Letter

USB14-0401.

USB14-0402.

USB14-0403.

USB14-0404.

USB14-0405.

USB14-0406.

USB14-0407.

USB14-0408.

USB14-0409.

USB14-0410.

USB14-0411.

USB14-0412.

USB14-0413.

USB14-0414.

USB14-0415.

USB14-0416.

USB14-0417.

USB14-0418.

Supreme Court Order

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Rules Governing Licensed Paralegal Practitioners – Effective May 1, 2021

Due to the incorporation of Licensed Paralegal Practitioners in the fee dispute rules in Article 14 of the RULES GOVERNING THE UTAH STATE BAR, IT IS HEREBY ORDERED that Rule 15-1101 through Rule 15-1120 of the RULES GOVERNING LICENSED PARALEGAL PRACTITIONERS IN THE SUPREME COURT RULES OF PROFESSIONAL PRACTICE are repealed effective May 1, 2021.

URGLPP15-01101.

URGLPP15-01102.

URGLPP15-01103.

URGLPP15-01104.

URGLPP15-01105.

URGLPP15-01106.

URGLPP15-01107.

URGLPP15-01108.

URGLPP15-01109.

URGLPP15-01110.

URGLPP15-01111.

URGLPP15-01112.

URGLPP15-01113.

URGLPP15-01114.

URGLPP15-01115.

URGLPP15-01116.

URGLPP15-01117.

URGLPP15-01118.

URGLPP15-01119.

URGLPP15-01120.

Supreme Court Order

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

Changes allow domestic relations commissioners, retired and senior judges to serve on fee dispute panels. Changes also increase the jurisdictional amount from $3,000 to $10,000 for one lawyer to arbitrate a fee dispute. Other changes are proposed to include licensed paralegal practitioners in the fee dispute rules.

USB14-01101. Definitions.

USB14-01102. Purpose and composition of the committee.

USB14-01105. Selection of the arbitration panel; additional claims.

USB14-01107. Award; form; service of award; judicial confirmation of award.

USB14-01108. Relief granted by award; accord and satisfaction application to court; confidentiality; enforceability of award; claims of malpractice.

USB14-01114. Matters entitled to mediation.

Supreme Court Order

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Rules of Civil Procedure – Effective May 1, 2021

The Notice Amendments below reference required new forms. The forms may be found at the bottom of the Utah Rules of Civil Procedure webpage, as follows:

Judicial Council Approved Bilingual Notices to Responding Party
  • 7101GE Bilingual Notice to Responding Party for Motions – PDF | Word
  • 7015GE Bilingual Notice to Responding Party for In-State Summons – PDF | Word
  • 7016GE Bilingual Notice to Responding Party for Out-of-State Summons – PDF | Word
  • 7017GE Bilingual Notice to Responding Party for Ten Day Summons – PDF | Word
  • 7027GE Bilingual Notice to Responding Party for Summons for Publication – PDF | Word
  • 7105EV Bilingual Notice to Responding Party for Eviction Summons – PDF | Word

The Notice Amendments also now require caution language on some documents. Sample forms containing caution language are below:

SAMPLE FORMS

Notice Amendments

As a whole, the amendments to Rules 4, 7, 8, 36, and 101 require more notice to parties of their rights and obligations.

URCP004. Process. AMEND. The notice amendments to Rule 4(c)(1) require that the Judicial Council-approved bilingual notice of rights be included with the summons.

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The notice amendments to Rule 7(c) require caution language on the first page of all dispositive motions. It also requires the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.

URCP008. General rules of pleadings. AMEND. The notice amendments to Rule 8(a) require caution language on the first page of all pleadings requesting relief and provide consequences for failing to do so.

URCP036. Request for admission. AMEND. The notice amendments to Rule 36(b) require caution language on the first page of all requests for admission and provides consequences for failing to do so.

URCP101. Motion practice before court commissioners. AMEND. The notice amendments to Rule 101(a) require caution language on the first page of all motions to court commissioners. It also requires the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.

Service of Process Amendments

URCP004. Process. AMEND. The service of process amendments to Rule 4 address service on minors in paragraph (d)(1)(B) and outline the requirements for electronic acceptance of service in paragraph (d)(3)(B).

Supplemental Proceedings Amendments

URCP007A. Motion to enforce order and for sanctions. NEW

URCP007B. Motion to enforce order and for sanctions in domestic law matters. NEW

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND.  

Rules 7A and 7B create a new, uniform process for enforcing court orders through regular motion practice. They replace the current order to show cause process found in Rule 7(q) and in local court rules. Rule 7B addresses the domestic law order to show cause process.

Supreme Court Order

 

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Code of Judicial Administration – Effective May 1, 2021

CJA03-0101. Judicial performance standards. (AMEND). Establishes a definition of “submitted” for purposes of the case under advisement performance standard. Clarifies that judges will be considered compliant with education and case under advisement standards if their failure to meet one or both of those standards was due to circumstances outside of the judge’s control.

CJA03-0108. Judicial assistance. (AMEND). Authorizes the presiding officer of the Judicial Council to appoint a district court presiding judge as the signing judge for automatic expungements in all district courts within the presiding judge’s district.

Judicial Council Order

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