Author: Utah Courts

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

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

Continue Reading

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

Continue Reading
Continue Reading

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

Continue Reading

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

Continue Reading

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

Continue Reading

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

Continue Reading

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

Continue Reading