CJA01-0303. Internal procedures and organization. Amend. An amendment to CJA Rule 1-303 was approved by the Judicial Council to allow for reports from the Boards twice each year rather than quarterly.
URAP023. Motions. Amend. The proposed amendments remove all language regarding form requirements in 23(f) and incorporate that language into Rule 27.
URAP027. Form of briefs. Amend. The proposed amendments: (1) combine form requirements for briefs, motions, and other documents into one rule; (2) incorporate language regarding form requirements from Rule 23(f); and (3) clean up other language for clarity and consistency.
URJP005. Definitions. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and updates the definition of “ungovernability” to align with H.B. 285.
URJP007. Warrants. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modifies the language in subsection (b)(6) regarding runaway minors to align with H.B. 285, adds a statutory reference to the authority a probation officer has to take into custody a minor who violates a condition of probation, and clarifies that “custody” is “temporary custody.”
URJP011. Time limits on detention orders. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and adds language to address when diversion in lieu of detention agreements can terminate.
URJP030. Citations; applicable offenses and procedures; bail. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Clarifies a minor’s right to bail when the minor has been cited or is in a detention facility as well as that “court” refers to “juvenile court.”
URJP050. Presence at hearings. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modifies the language in subsection (f) to conform with proposed changes the Advisory Committee on the Rules of Civil Procedure made to Civil Rule 24 involving tribal intervention and participation in Indian Child Welfare Act cases.
URJP060. Judicial bypass procedure to authorize minor to consent to an abortion. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and qualifies that the time frame in subsection (d) is business days.
URCP005. Service and filing of pleadings and other papers. Amend. The proposed amendments provide that no certificate of service is required when a paper is served by filing it with the court’s electronic-filing system under paragraph (b)(3)(A).
URCP024. Intervention. Amend. Under the Indian Child Welfare Act (ICWA), an Indian Tribe is permitted to intervene in a child custody proceeding involving an Indian child. These cases arise in both district and juvenile court. Amendments to Rule 24, which track those already adopted in Juvenile Rule 50, will allow a uniform approach to ICWA to be adopted in both juvenile and district court.
Rule 62. Stay of proceedings to enforce a judgment or order. Amend. Among other amendments intended to streamline and improve Rule 62’s efficacy, the proposed amendments extend the time for the automatic stay from 14 days to 28 days and provide that a party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security.
URJP021. Warrant of arrest or summons in cases under Utah Code section 78A-6-703.3. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and changes terminology regarding detention and correctional facilities to align with statutory language.
URJP037. Child protective orders. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and changes the time frame for holding a hearing after granting an ex party child protective order to align with statutory changes in H.B. 255 Protective Order Revisions (2021).
URE0504. Lawyer – Client. Extends the lawyer-client privilege to cover Licensed Paralegal Practitioners and Regulatory Sandbox participants.
CJA01-0205. Standing and ad hoc committees (AMEND). Amends membership on the Standing Committee on Pretrial Release and Supervision.
CJA03-0419. Office of Fairness and Accountability (NEW). Establishes the Office of Fairness and Accountability, and identifies the duties of the Director and the objectives of the Office.
CJA04-0202.02. Records classification (AMEND). Clarifies that minors’ names are only public in criminal cases if the minor is a party. This is not a change, the language is simply intended to clear up confusion on the issue.
CJA04-0206. Exhibits (AMEND). Significantly bolsters uniform procedures for the marking, receipt, maintenance, and release of exhibits. Provides courts with the discretion to extend applicability to any proceeding in which exhibits are introduced.
CJA04-0401.02. Possession and use of portable electronic devices (AMEND). Allows JPEC continued use of recordings to evaluate the performance of justice court judges subject to a basic evaluation.
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.
URJP003. Style of pleadings and forms. Amend. Makes revisions to align the captions in protective order cases and cases transferred from District Court involving custody, child support, and parent time with Title 30, Chapters 3 and 4, Divorce and Separate Maintenance, respectively, Title 78B, Chapter 7, Child Protective Orders, and court forms.
CJA 11-401. Standing Committee on Appellate Representation and the Appellate Roster. Amend.
CJA11-0401. Redline version
CJA11-0401. Clean version
- Address the creation of the Indigent Appellate Defense Division (line 12);
- Simplify committee composition (line 33);
- Clarify that at least one appellate brief submitted for application purposes must be in the relevant subject matter area (line 100);
- Add a CLE requirement (line 139);
- Add requirements for entity exempt status and clarify when an attorney falls under that exemption (lines 16 and 154); and
- Increase term limits from three to five years (lines 128 and 138).