Posted: August 30, 2010
Rules of Juvenile Procedure
URJP 056. Expungement. Amend. Remove provisions governed by other laws. Amend requirement for criminal history verifications to judicial discretion.
Posted: August 30, 2010
Code of Judicial Administration
CJA 02-0103. Open and closed meetings. Amend. Clarify that a meeting can be closed to discuss the professional competence of an individual and add discussion of a non-public document as grounds to close a meeting.
CJA 04-0202.02. Records classification. Amend. Classify a record of a Children’s Justice Center investigative interview as a protected record before the conclusion of legal proceedings and as a sealed record after the conclusion of legal proceedings.
CJA 04-0202.06. Response to request to access or classify a court record. Amend. Incorporate amendments to GRAMA by HB 278 and HB 133. Require that, if a records request claims to qualify for an expedited response, the records custodian will, within 5 business days, respond or notify the requester that the request does not qualify. If the request is to access a record of a Children’s Justice Center investigative interview, refer to Section 77-37-4.
CJA 04-0408.01. Responsibility for administration of trial courts. Amend. Designate Manti as a state court operation rather than by contract with the county.
CJA 04-0702. Electronic citations required. New Require that citations filed after January 1, 2012 be filed electronically.
CJA 07-0308. Expungement procedures. Repeal. All provisions of this rule are contained in URJP 56 or Section 78A-6-1105.
Posted: April 26, 2010
Rules of Professional Conduct
USBRPC 08.02. Judicial Officers. Amend. Prohibits knowingly making a false statement about the judicial system. Encourages lawyers to defend the judicial system.
The Advisory Committee on the Rules of Professional Conduct has withdrawn the proposed amendments to Rule 8.2 without submitting them to the Supreme Court.
Posted: April 26, 2010
Rules of Court-Annexed ADR
URCADR 0101. Conduct of mediation proceedings. Amend. Clarifies the meaning of “good faith” to assure that the ADR rules regarding the confidentiality of mediation-related activities and communications are consistent with the 1995 Utah ADR Act and the more explicit confidentiality requirements of the 2006 Utah Uniform Mediation Act. Eliminates the potential that a court might conclude that the present language of Rule 101 permits judicial examination into what occurred during the course of a mediation upon the complaint that a party failed to participate in the mediation in “good faith”. The intent is to assure that the mediation container is maintained except in the narrow circumstances described in the 2006 Utah Uniform Mediation Act.
URCADR 0103. Confidentiality in nonbinding ADR proceedings. Amend. Clarifies the meaning of “good faith” to assure that the ADR rules regarding the confidentiality of mediation-related activities and communications are consistent with the 1995 Utah ADR Act and the more explicit confidentiality requirements of the 2006 Utah Uniform Mediation Act. Eliminates the potential that a court might conclude that the present language of Rule 101 permits judicial examination into what occurred during the course of a mediation upon the complaint that a party failed to participate in the mediation in “good faith”. The intent is to assure that the mediation container is maintained except in the narrow circumstances described in the 2006 Utah Uniform Mediation Act.
Posted: April 26, 2010
Rules of Juvenile Procedure
URJP 018. Summons; service of process; notice. Amend. Describes how children and adults are to be named in juvenile court records.
Posted: April 26, 2010
Rules of Appellate Procedure
URAP 05. Discretionary appeals from interlocutory orders. Amend. The amendment states that petitions in criminal and juvenile delinquency cases shall be served on the Office of the Utah Attorney General.
URAP 23B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Amend. The amendment calculates the response time from the date of service and not the date of filing.
URAP 29. Oral argument. Amend. The amendments clarify the standards for continuing oral argument at the request of a party.
URAP 035. Petition for rehearing. Amend. Requires that a petition for rehearing include a copy of the decision. Effective June 1, 2010 under Rule 11-505. Subject to change after the comment period.
Supreme Court Order
Posted: April 26, 2010
Code of Judicial Administration
CJA 03-0101. Judicial nominating commissions. Repeal. Under HB 289, the Judicial Council no longer has authority for rules regulating Judicial Nominating Commissions.
CJA 04-0202.03. Records access. Amend. Resolve a conflict with URCP 107(a).
CJA 04-0801. Transfer of small claims cases. Amend. Require filing small claims cases in justice courts. Proposed effective date: September 1, 2010.
Posted: February 26, 2010
Rules of Criminal Procedure
URCrP 15A. Scientific, Lab, and Analytical Reports – When prosecution required to produce foundation and chain of custody witnesses. New. Describes when the prosecution is required to produce foundation and chain of custody witnesses. Effective February 26, 2010 under Rule 2-205. Subject to change after the comment period.
Supreme Court Order.