Posted: March 24, 2011
Code of Judicial Administration
CJA 03-0109. Ethics Advisory Committee. Amend. Authorizes the committee to interpret statutes, rules, and case law to answer a request for an opinion. Eliminates the committee’s education obligations. Technical changes.
Posted: March 2, 2011
Rules of Civil Procedure
URCP 064D Writ of garnishment. Amend. Requires the creditor to meet and confer with the garnishee before attempting to impose liability on the garnishee.
URCP 101. Motion practice before court commissioners. Amend. Deletes a paragraph that is incorporated into new Rule 108.
URCP 108. Objection to court commissioner’s recommendation. New. Establishes a procedure for objecting to a court commissioner’s recommendations. Establishes standards of review.
Posted: March 2, 2011
Rules of Criminal Procedure
URCrP 013. Pretrial conference. Amend. The change makes a defendant’s waiver of the right to appear at a pretrial conference subject to court approval. Occasionally judges want defendants at pretrial conferences because of the substantive issues that are discussed.
Posted: March 2, 2011
Rules of Appellate Procedure
URAP 024. Briefs. Amend. The proposed change creates a word limit for briefs rather than a page limit. A principal brief may have up to 14,000 words. Word limits are established for all other types of briefs.
URAP 027. Form of briefs. Amend. The proposed change will make 14 point typeface the standard rather than 13 point type.
URAP 038B. Qualifications and duties for appointed counsel. Amend. This amendment describes the scope of representation for appointed counsel. The rule clarifies that representation is required through a petition for writ of certiorari to the Utah Supreme Court, if such a petition is warranted, or if it is necessary to respond to a State petition.
Posted: March 2, 2011
Code of Judicial Administration
CJA 01-0205. Standing and ad hoc committees. Amend. Modifies the membership on the Judicial Outreach Committee.
CJA 03-0114. Judicial outreach. Amend. Modifies the scope of the committee’s responsibilities.
CJA 04-0202.02. Records classification. Amend. Classifies as private financial declaration in domestic relations cases and their supporting attachments and child protective order cases. Classifies as a protected record audit records concerning the security of a court facility.
CJA 04-0403. Signature stamp use. Amend. Permits a clerk to use a judge’s signature stamp for orders dismissing cases under URCP 3 and URCP 4(b), in addition to the existing authority to do so for dismissals under Rule 4-103.
CJA 04-0613. Jail prisoner transportation. Amend. Amends the rule to conform to a new agreement between the courts and counties.
CJA 06-0401. Domestic relations commissioners. Amend. Makes amendments to conform to proposed Rule of Civil Procedure 108.
CJA 06-0601 Mental health commissioners. Amend. Makes amendments to conform to proposed Rule of Civil Procedure 108.
Posted: January 19, 2011
Rules of Criminal Procedure
URCrP 015A. Scientific, Lab, and Analytical Reports – When prosecution required to produce foundation and chain of custody witnesses. Repeal. The rule was enacted in 2010 to create a streamlined process to address the confrontation issues established by Melendez-Diaz. The rule has had the opposite effect, creating additional and unnecessary work for both prosecutors and defense attorneys.
Posted: January 19, 2011
Rules of Juvenile Procedure
URJP 029A. Visual recording of statement or testimony of child victim or witness of sexual or physical abuse – Conditions of admissibility. Amend. Modifies the conditions for using as evidence a recorded oral statement of a minor under 14.
Posted: November 23, 2010
Rules of Appellate Procedure
URAP 011. The record on appeal. Amend, Amends rule to reflect on-line transcript ordering.
URAP 012. Transmission of the record. Amend. Amends rule to reflect that the transcriber submits an electronic copy of the transcript to the transcript management program and hard copy is filed with the trial court.
URAP 042. Transfer of case from supreme court to court of appeals. Amend. The amendment eliminates the paragraph addressing finality of transfer orders. The Supreme Court’s practice will be handled internally and not by rule.
Posted: November 23, 2010
Code of Judicial Administration
CJA 01-0205. Standing and ad hoc committees. Amend. Eliminates the Judicial Performance Evaluation Committee. Exempts the Guardian ad Litem Oversight Committee from sunset review.
CJA 02-0106.01. Goals of performance evaluation for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.02. Criteria for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.03. Information for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.04. Self improvement process. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.05. Administration of the performance evaluation program for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 03-0111. Performance evaluation of senior judges and court commissioners. New. Combines Rules 3-111.01 through 3-111.04 into one rule, describing the evaluation program applicable to senior judges and court commissioners.
CJA 03-0111.01 Goals of performance evaluation for certification for retention election. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.02 Judicial performance evaluation criteria. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.03 Standards of judicial performance. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.04 Evaluation and certification of judges and commissioners. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.05. Evaluation and certification of senior judges. Repeal.
CJA 03-0111.06. Administration of the judicial performance evaluation and certification program. Repeal.
CJA 03-0201. Court commissioners. Amend. Provides for uniform end of term of December 31.
CJA 03-0306. Court interpreters. Amend. Expand interpreter program to the remaining balance of the court’s casetypes.
CJA 04-0202.02. Records classification. Amend. Classify as private performance evaluation information from senior judges and court commissioners.
CJA 04-0601. Selection of indigent aggravated murder defense fund counsel. New. Establishes the process to be used to select pre-contracted attorneys from the roster maintained by the Indigent Defense Funds Board in aggravated murder cases.
CJA 06-0402. Records in domestic relations cases. New. Defines the records required for motions for temporary relief, alimony, child support, and child custody.