Author: Utah Courts

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Rules of Civil Procedure – Effective January 1, 2021

Consolidation and Venue Transfer Amendments

URCP042. Consolidation; separate trials; venue transfer. AMEND.
The amendments to Rule 42 involve two issues: consolidation and venue transfer. The amendments clarify the powers of the district court to 1) consolidate two or more cases from any district in the state, 2) transfer a case from any court to any other court in the state, or 3) take either action as to just a portion of two or more cases. The amendments further mandate that cases filed in an improper venue be transferred to a proper venue when such is available. The venue amendments address the Supreme Court’s invitation in Footnote 4 of Davis County v. Purdue Pharma, L.P, 2020 UT 17.

Domestic Injunction Amendments

URCP005. Service and filing of pleadings and other papers. AMEND.

URCP109. Injunction in certain domestic relations cases. AMEND.
The amendments to Rules 5 and 109 address conflicting provisions between the two rules. The amendments to Rule 5 add an exception to allow specific rules to state who serves the petition. The amendments to Rule 109 require the petitioner, rather than the court, to provide a copy of the injunction to the respondent.

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.

USB14-1101. Definitions.

USB14-1102. Purpose and composition of the committee.

USB14-1105. Selection of the arbitration panel; additional claims.

USB14-1107.  Award; form; service of award; judicial confirmation of award.

USB14-1108.  Relief granted by award; accord and satisfaction to court; confidentiality; enforceability of award; claims of malpractice.

USB14-1114.  Matters entitled to mediation.

Supreme Court Order

 

 

 

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Code of Judicial Administration – Effective November 23, 2020

CJA Appendix J. Ability-to-Pay Matrix (AMENDED). In response to House Bill 206, the Uniform Fine and Bail Schedule has been replaced by the Uniform Fine Schedule and the Ability-to-Pay Matrix. The Ability-to-Pay Matrix provides recommended monetary bail amounts using the poverty guidelines and an individual’s risk of failing to appear in court. Setting monetary bail is a highly fact dependent decision. The recommended amounts do not reflect the maximum amount a judge may order. Judges should ordinarily impose monetary bail based on a person’s ability-to-pay. However, judges continue to have the same discretion to deviate from the recommended amounts as they had under the Uniform Fine and Bail Schedule, provided judges conduct an individualized assessment of ability-to-pay and risk.

Judicial Council Order

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Rules Governing the Utah State Bar – Effective November 12, 2020

USB14-0805. Admission for spouse of active military stationed in Utah. Proposed change in 14-805(a)(4)(A) requires military spouse applicants to pay the full application fee rather than half.  Reason for the change is recent federal legislation that reimburses military spouses for the full application fee.

USB14-0715.  Request for review. Proposed change in 14-715(e)(4) allows petitioners to submit a reply brief that is limited to the facts raised in the Bar’s response to the initial petition.

USB14-0705. Admission by motion and USB14-0719. Qualifications for admission of House Counsel Applicants. Changes to both rules permit House Counsel licensees to count time spent practicing in Utah with a house counsel license toward the time required for admission by motion.

Supreme Court Order

 

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Code of Judicial Administration – Effective November 1, 2020

CJA03-0104. Presiding Judges (AMEND). Defines “submitted” for purposes of the cases under advisement performance standard.

CJA03-0111. Performance Evaluation of senior judges and court commissioners (AMEND).Defines “submitted” for purposes of the cases under advisement performance standard, and states that senior judges and court commissioners can overcome a presumption against certification if they can show that their failure to comply with education requirements or the Code of Judicial Conduct was beyond their personal control.

CJA04-0202.02. Records Classification (AMEND). Minor’s names will be public in stalking injunctions. Reflects current practice.

CJA06-0507. Court Visitor (NEW). New rule outlining the appointment and role of court visitors, and establishing a process for review of court visitor reports.

CJA03-0407. Accounting (AMEND).  Clarifies that “bail” refers to “monetary bail.” Amends examples of trust accounts to reflect the most common fund types.

CJA04-0609. Procedure for obtaining fingerprints and Offense Tracking Numbers on defendants who have not been booked in jail (AMEND). Clarifies that “bail” means release.

CJA010-01-0404. Attendance and assistance of prosecutors in criminal proceedings (AMEND). Clarifies that “bail” refers to “monetary bail.”

CJA04-0401.01. Electronic media coverage of court proceedings (AMEND). Clarifies that the rule applies to viewing proceedings by remote transmission. Eliminates the requirement for pool coverage. Any media who register may attend. Electronic access may be terminated for violations of the rule.

CJA04-0401.02. Possession and use of portable electronic devices (AMEND).  Defines court proceedings. Prohibits individuals from recording or photographing remote proceedings.

Judicial Council Order

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Rules of Criminal Procedure – Effective October 1, 2020

Amends rules on pretrial release practices in response to HB 206.

URCrP004. Prosecution by information. Amend.

URCrP006. Warrant of arrest or summons. Amend.

URCrP007. Initial proceeding for class A misdemeanors and felonies. Amend.

URCrP007A. Procedures for arraignment on class B and C misdemeanors, or infractions. Amend.

URCrP009. Proceedings for persons arrested without a warrant on suspicion of crime. Amend.

URCrP009A. Proceedings for persons arrested pursuant to an arrest warrant. Amend.

URCrP010. Arraignment. Amend.

URCrP027. Stay of sentence pending motions for new trial or appeal from court of record. Amend.

URCrP027A. Stays pending approval from a court not of record – Appeals for a trial de novo. Amend.

URCrP027B. Stays pending approval from a court not of record – Hearings de novo, DUI and reckless driving case. Amend.

URCrP028. Disposition after appeal. Amend.

URCrP038. Appeals from justice court and district court. Amend.

URCrP041. Unsecured bonds. New.

Supreme Court Order

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Rule of Evidence – Effective March 13, 2019

URE0417. Admissibility of Evidence of the Actor’s Expression or Association in Victim Targeting Criminal Penalty Enhancements (NEW). This rule was adopted during the 2019 general legislative session, pursuant to Senate Joint Resolution 8 (S.J.R. 8) “Joint Resolution Amending Rules of Evidence – Victim Selection” and was effective March 13, 2019. It was not posted at that time due to error.

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