Posted: January 28, 2014
Code of Judicial Administration
CJA 10-1-602. Orders to show cause. New. 6th District local rule which describes the process for requesting an order to show cause when a commissioner is unavailable.
Posted: January 28, 2014
Rules of Evidence
URE 803. Hearsay exceptions; availability of declarant immaterial. Amend. Adopts changes made to Federal Rule of Evidence 803(10).
Posted: January 24, 2014
Rules of Criminal Procedure
URCrP 007. Proceedings before magistrate. Amend. Conforms the rule to existing practices. Authorizes a magistrate to issue a material witness warrant at the same time bail is fixed. Clarifies that a material witness may not be detained if the person cannot post bail and that the witness’s testimony may be taken by deposition.
URCrP 038. Appeals from justice court to district court. Amend. Reflects that citations are now efiled and, therefore, that an abstract of a citation will be included in the record on appeal.
URCrP 040. Search warrants. Amend. Makes all sealed search warrants public after six months. The prosecutor or law enforcement officer may apply for additional six month sealing periods. If documents have been sealed for three years or more, an individual may seek to indefinitely seal the documents.
Posted: December 6, 2013
Code of Judicial Administration
CJA 04-0408.01. Responsibility for administration of trial courts. Amend. Makes Morgan District Court a state operation. Effective November 1, 2013 under Rule 2-205. Subject to change after the comment period.
Posted: November 26, 2013
Rules of Appellate Procedure
URAP 003. Appeal as of right: how taken. Amend. Provides that service of the notice of appeal shall be done in accordance with the service requirements of the court from which the appeal is taken.
URAP 008A. Motion for emergency relief. Renumber and amend. Renumbers rule 8A to rule 23C. Provides that a motion for emergency relief is not sufficient to invoke the court’s jurisdiction, and that a jurisdictional petition must be filed or no emergency relief will be granted.
Posted: November 26, 2013
Rules of Civil Procedure
URCP 006. Time. Repeal and reenact. Conforms the computation of time to the approach of the Federal Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days. The list of deadlines proposed to be amended is linked. If approved, those rules will be amended to change the deadlines as indicated, but the rules will not be published for comment. Deadlines not listed are not proposed to be amended.
URCP 010. Form of pleadings and other papers. Amend. Prohibits a graphic or “wet” signature on an electronically filed document.
URCP 058B. Satisfaction of judgment. Amend. Requires the creditor to file a satisfaction of judgment within 28 days after the judgment has been paid.
URCP 074.
Withdrawal of counsel. Amend. Permits an attorney making a limited appearance to withdraw by announcing the withdrawal in court, if permitted by the judge.
URCP 075. Limited Appearance. Amend. Permits an attorney making a limited appearance to announce the appearance in court, if permitted by the judge.
Posted: November 26, 2013
Code of Judicial Conduct
CJC Applicability. Applicability. Amend. Exempts active senior judges from complying with Code of Judicial Conduct, Rule 3.4 (Appointments to Governmental Positions). Effective November 4, 2013 under Rule 11-105(5). Subject to change after the comment period.
Posted: October 30, 2013
Rules of Juvenile Procedure
URJP 047. Reviews and modification of orders. Amend. Clarifies questions regarding the timeliness of a request for an evidentiary hearing as addressed by the Court of Appeals in In re P.D., 2013 UT App 151. Describes intervention plans.