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.
Rule 17 – The petition. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.
Rule 34 – Pretrial hearings in non-delinquency cases. Clarifies when the court may enter a default judgment.
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.
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/.
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.
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).
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.
CJA 01-0201 Membership – Election. Amend. Changes the term start date for new Judicial Council members from the October Judicial Council meeting to the Judicial Council meeting immediately following the annual judicial conference.
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.