Utah Court Rules – Published for Comment – Page 36 – The Supreme Court and Judicial Council invite comments about amending these rules. To view the proposed amendment, click on the rule number. To submit a comment or view the comments of others, click on “Continue Reading.” To submit a comment, scroll down to the “Leave a Reply” section, and type your comment in the “Comment” field. Type your name and email address in the designated fields and click “Post Comment.” Comments cannot be acknowledged, but all will be considered. Comments are saved to a buffer for review before publication.

Posted: May 14, 2015

Rules of Civil Procedure

URCP 008. General rules of pleadings. Amend. Changes the phrase “contributory negligence” to “comparative fault,” in keeping with Utah Code sections 78B-5-817 through 78B-5-823.

Posted: May 14, 2015

URCrP 038. Appeals from justice court to district court. Amend. The proposed amendment creates a process for justice court defendants to file a motion reinstating the time for appeal, consistent with Manning v. State. The proposed amendment also eliminates the requirement for justice courts to send copies of documents to the district court when an appeal is filed.

Posted: March 31, 2015

Rules of Appellate Procedure

URAP 038A. Withdrawal of counsel. Amend. Requires that appointed appellate counsel represent a client through the first appeal as of right.

Posted: March 31, 2015

Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Eliminates the Justice Court Standards Committee. Provides that the Judicial Council’s Management Committee shall review standing and ad hoc committees every six years and make a recommendation to the Judicial Council as to whether the committee should continue. Allows the committees to meet as needed.
CJA 03-0109. Ethics Advisory Committee. Amend. Gives the committee 60 days to issue an opinion. Allows the committee chair to extend the time for deliberations on an opinion when necessary. Allows the boards of judges to request reconsideration of an opinion.
CJA 03-0112. Justice Court Standards Committee. Repeal. Eliminates the Justice Court Standards Committee in conjunction with the responsibility for justice court standards being moved to the Board of Justice Court Judges.
CJA 03-0418. Model Utah Jury Instructions. New. Provides direction on developing jury instructions to the committees on the Model Utah Jury Instructions.
CJA 04-0202.02. Records classification. Amend. Classifies affidavits supporting motions to waive fees as private records.
CJA 06-0501. Reporting requirements for guardians and conservators. Amend. Requires a guardian or conservator to file a verified Private Information Record with the AOC within 7 days of appointment.
CJA 09-0101. Board of Justice Court Judges. Amend. Gives the Board of Justice Court Judges responsibility for overseeing justice court standards.
CJA 09-0108. New. Outlines the justice court standards as previously provided in rule 3-112.

Posted: February 24, 2015

Code of Judicial Administration

CJA 04-0401.01. Electronic media coverage of court proceedings. Amend. Provides a presumption of electronic media coverage in court proceedings where the predominant purpose of the coverage is journalism or dissemination of news to the public. Provides that all requests for electronic media coverage must come through the court’s public information office. Requires that news reporters providing pool coverage shall promptly share their files with other news reporters and that news reporters must be willing and able to share their files to be approved to provide coverage.

Posted: January 27, 2015

Rules of Evidence

URE 0616. Statements Made During Custodial Interrogations. New. Outlines the requirements for admissibility of statements made during custodial interrogations and provides exceptions.

Posted: December 15, 2014

Rules of Civil Procedure

URCP 056. Summary judgment. Amend. Moves the special requirements for motions for summary judgment from Rule 7 to Rule 56. Conforms more closely to FRCP 56, but retains the requirement under Utah law that the party with the burden of proof on an issue must meet its initial burden to present materials in the record establishing that no genuine issue of material fact exists and that the party with the burden of proof is entitled to judgment as a matter of law.

Posted: November 28, 2014

Rules of Civil Procedure

URCP 007. Pleadings allowed; motions, memoranda, hearings, orders. Repeal and reenact. In conjunction with amendments to Rule 54 and Rule 58A, addresses the finality and appealability of orders and judgments. Integrates the memorandum supporting a motion with the motion itself. Regulates the process for citing supplemental authority. Prohibits proposed orders before a decision, except for specified motions. Requires an objection to evidence, rather than a motion to strike evidence. Requires a counter-motion rather than a motion in the opposing memorandum. Includes other provisions regulating motion practice.
URCP 054. Judgment; costs. Amend. In conjunction with amendments to Rule 58A, addresses the finality and appealability of judgments. Conforms more closely to FRCP 54.
URCP 058A. Entry of judgment; abstract of judgment. Amend. In conjunction with amendments to Rule 54, addresses the finality and appealability of judgments. Conforms more closely to FRCP 58. Requires that a judgment be set forth in a separate document. If a separate document is not prepared, establishes the date on which the decision, however designated, becomes final and appealable.
URCP 101. Motion practice before court commissioners. Amend. Modifies deadlines and procedures for motions presented to court commissioners.

Posted: November 28, 2014

Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Reauthorizes numerous Judicial Council standing committees. Adds a representative from the Self-Help Center to the Committee on Resources for Self-represented Parties.
CJA 11-0101. Creation and Composition of Advisory Committees. Amend. Provides for appointment of mid-term committee vacancies in the same manner as an end-of-term vacancy. Changes the circumstances for reappointment for more than two terms.
CJA 11-0301. Utah Standards of Judicial Professionalism and Civility. New. Establishes standards of professionalism and civility for Utah judges.
CJA Appx F. Utah State Courts Records Retention Schedule. Amend. Adds a retention period of 5 years for civil stalking injunction records. Changes the retention policy for numerous juvenile court records. Provides that expunged records shall be retained for the same time as though the record had not been expunged, or for one year after the final decision on the petition for expungement, whichever is longer. Provides that case under advisement forms shall be retained for 6 years after the end of the term during which the form was submitted.

Posted: October 28, 2014

Rules of Juvenile Procedure

URJP 002. Applicability of Rules of Civil Procedure and Criminal Procedure. Amend. Amends the rule to replace the term “permanent deprivation of parental rights” with “termination of parental rights.”
URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Amends the rule to comport with statutory changes to 78A-6-702 enacted following the 2014 legislative general session. This rule is receiving a second comment period to correct the failure to strike a clause in paragraph (e) prior to sending the rule out for comment.
URJP 029B. Hearings with contemporaneous transmission from a different location. New. Creates a new rule addressing remote access to court hearings in delinquency proceedings or proceedings under Section 78A-6-702 or Section 78A-6-703.
URJP 037B. Hearings with contemporaneous transmission from a different location. New. Creates a new rule addressing remote access to court hearings in abuse, neglect, dependency, substantiation or termination of parental rights proceedings.