Rules of Juvenile Procedure – Comment Period Closes November 27, 2017

URJP014

Rule 14 – Reception of referral, preliminary determination.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP017

Rule 17 – The petition.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP034

Rule 34 – Pretrial hearings in non-delinquency cases.  Clarifies when the court may enter a default judgment.

URJP048

Rule 48 – Post judgment motions.  Renames rule from “New hearings” to “Post judgment motions” to more accurately reflect the full scope of the rule’s content.  Reduces the time to file post judgment motions to 14 days from the 28 days provided by the Rules of Civil Procedure to avoid conflicts with the shorter time frames for filing expedited child welfare appeals.

 

 

 

 

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Rules Governing Licensed Paralegal Practitioner (2 of 2) – Comment Period Closes October 15, 2017

LPP Guiding Principles

LPP Summary

15.0301

15.0501

15.0502

15.0503

15.0505

15.0506

15.0508

15.0509

15.0510

15.0511

15.0512

15.0513

15.0514

15.0515

15.0516

15.0517

15.0518

15.0519

15.0520

15.0522

15.0523

15.0524

15.0525

15.0526

15.0527

15.0528

15.0529

15.0530

15.0531

15.0532

15.0533

15.0601

15.0602

15.0603

15.0604

15.0605

15.0606

15.0607

15.0901

15.0901

15.0902

15.0903

15.0904

15.0905

15.0906

15.0908

15-0909

15.0910

15.0911

15.0912

15.0913

15.0914

15.0915

15.0916

15.01001

15.01101

15.01102

15.01103

15.01104

15.01105

15.01106

15.01107

15.01108

15.01109

15.01110

15.01111

15.01112

15.01113

15.01114

15.01115

15.01116

15.01117

15.01118

15.01119

15.01120

 

 

 

 

 

 

 

 

 

 

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Licensed Paralegal Practitioners Rules of Professional Conduct (1 of 2) – Comment Period Closes October 15, 2017

LPP Rules of Professional Conduct

Ethics and Discipline Rules Summary

14-0802

1.00

1.01

1.02

1.04

1.05

1.06

1.07

1.08

1.09

1.010

1.011

1.012

1.013

1.014

1.015

1.016

1.017

1.018

2.01

2.03

3.01

3.03

3.04

3.05

4.01

4.02

4.03

5.01

5.02

5.03

5.04

5.05

5.06

6.01

6.03

6.04

6.05

7.01

7.02

7.03

7.04

7.05

8.01

8.02

8.03

8.04

8.05

To see and comment on the next set of rules, please click on this link:  https://www.utcourts.gov/utc/rules-comment/2017/08/31/rules-governing-licensed-paralegal-practitioner-2-of-2-comment-period-closes-october-15-2017/.

 

 

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Code of Judicial Administration – Comment Period Closes October 12, 2017

CJA01-0205. Standing and ad hoc committees. Amend. Adds a justice court judge to the Standing Committee on Resources for Self-represented Parties.
CJA03-0104. Presiding judges. Amend. Moves and amends paragraph (c)(5) from Rule 7 of the Utah Rules of Criminal Procedure, which addresses the use of justice court judges as magistrates.
CJA06-0501. Reporting requirements for guardians and conservators. Amend. In conformity with H.B. 214 (2017), removes the requirement that a non-parent co-guardian report to the court when another co-guardian is the parent of the protected person.
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Rules Governing the State Bar – Comment Period Closes October 7, 2017

USB14-409 Self-study categories of accredited MCLE defined.  Proposed changes to the rule allow up to six (6) hours of self-study CLE credit during a compliance period for lawyers who lecture on legal topics in community outreach programs and for lawyers who serve on constitutionally or statutorily created public policy making bodies.

USB14-413 MCLE credit for qualified audio and visual presentations, webcasts, computer interactive telephonic programs, writing, lecturing’ teaching, public service, pro bono service, live attendance.  Proposed changes to the rule state the hours and types of credit that are allowed for lawyers who lecture on legal topics in community outreach programs and for lawyers who serve on constitutionally or statutorily created public policy making bodies.

USB14-418 MCLE Credit for Pro Bono Legal Services. Proposed new rule that allows lawyers to earn up to six (6) hours of self-study CLE credits during a compliance period for providing pro bono legal services in a case referred by a court or for an approved legal services organization as defined in Rule 14-803.

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Utah Rules of Civil Procedure – Comment Period Closed September 24, 2017

URCP006.Time. Amend. Adopts the prisoner mailbox rule, which provides that pleadings and papers filed or served by an inmate confined in an institution are timely if they are deposited in the institution’s internal mail system on or before the last day for filing. Also provides that if an unrepresented party does not have an electronic filing account, has been served by mail under rule 5(b)(3)(C), and response time is calculated from the filing date, response time will instead be calculated by the service date plus the 3 days under paragraph (c).

URCP026.03. Subpoena. Amend. In response to recent legislative updates to Utah Code section 78B-6-810, changes the language in paragraphs (b)(2) and (c) from “occupancy hearing” to “evidentiary hearing” and removes the language “to determine occupancy” in those paragraphs. Also removes the reference to commercial tenants in paragraph (a).
URCP045. Subpoena. Amend. Makes a technical amendment in conformity with Rule 6.
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Rules of Appellate Procedure – Comment Period Closed September 24, 2017

URAP021. Amended Rule 21 clarifies the “prisoner mailbox rule,” which will promote consistency, clarity, and certainty in inmate litigation. The Advisory Committee on Civil Rules is publishing for public comment a virtually identical amendment to the Utah Rules of Civil Procedure.

URAP025. This is a conforming amendment to amended URAP 25A.

URAP025A. The proposed amendment gives the Attorney General the right to appear at oral argument whenever an amicus brief has been filed pursuant to the rule.

URAP030. The proposal, which deletes the word “dismissal” in the title, corrects an anomaly because nowhere in the rule does it mention the word or provide for dismissing an appeal.

URAP037. The proposed amendment makes several changes to the rule.

Subdivision (a). The changes are intended to clarify and simplify a party’s obligation to bring to the court’s attention those circumstances that render moot one or more issues presented for review on appeal.

Subdivision (b). The amended subdivision provides that if all parties to an appeal agree that the appeal should be dismissed, and if they stipulate to a motion for voluntary dismissal, then the appeal must be promptly dismissed. The committee felt that the proposed change would encourage prompt and efficient settlements. It also felt that dismissal of the appeal is constitutionally appropriate when the parties have agreed to a voluntary dismissal because there is no longer a justiciable case or controversy. Finally, the committee considered deleting the last sentence on fees and costs, but instead it opted to simply rework the sentence to read: “The stipulation must specify the terms of payment of costs and fees, if any.”

Subdivision (c). The proposed amendment provides an efficient way for an attorney who is unable to contact his or her client to obtain the necessary affidavit to support a motion for voluntary dismissal, while still protecting the appellant’s right to appeal. The proposal also requires the attorney to certify that he or she has reasonable grounds to believe that the appellant no longer wishes to pursue the appeal. The committee concluded that a certification from the attorney is appropriate because it safeguards the appellant’s right to an appeal, and it also avoids having the attorney reveal confidential communications with the client in an affidavit.

Subdivision (d). Finally, the committee recommends deleting the current subdivision —“[a] suggestion of mootness or motion for voluntary dismissal shall be subject to the appellate court’s approval”— for the same reasons mentioned in subdivision (b).

URAP055. Amended Rule 55 gives the court discretion to dismiss an untimely filed petition in a child welfare case, rather than requiring dismissal.

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Code of Judicial Administration – Comment Period Closed August 24, 2017

CJA 03-111. Performance evaluation of senior judges and court commissioners. Amend. 1) Clarifies when court commissioners’ annual evaluations will be completed, by whom, what the evaluation process will entail; 2) establishes when the presiding judge will prepare a performance plan versus a corrective action plan for a court commissioner; and 3) moves the Judicial Council’s certification process from August to July.

CJA 03-201. Court commissioners. Amend. Clarifies 1) how the districts and court levels that a commissioner will serve will be represented on the court commissioner nominating committee; 2) how a commissioner is selected if they will serve more than one judicial district or court level; 3) that the commissioner certification process addresses retention, not removal; 4) that when a commissioner serves two districts or court levels, the presiding judges will each prepare performance evaluations and performance plans; and 5) how the commissioner public comment period results are reviewed and used.

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