Rules Governing the Utah State Bar

USB 14-0533. Diversion. Amend Establishes the membership of the Diversion Committee for claims of misconduct. Gives the Committee authority to establish policies and procedures. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Supreme Court Order.

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Rules of Evidence

URE 0509. News reporters. New. Creates a privilege for news reporters. This proposed rule is being published for comment a second time. The only change from the first publication is in section (b).

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Rules of Civil Procedure

URCP 001. General provisions. Amend. Removes electronic filing from the pilot project phase.
URCP 005. Service and filing of pleadings and other papers. Amend. Recognizes electronic service, as well as traditional methods. Permits the judge to require electronic filing.
URCP 010. Form of pleadings and other papers. Amend. Prohibits redundant, immaterial, impertinent or scandalous matter. Makes upper-left corner of document uniform for represented and self-represented parties. Permits but does not require a graphic signature if a document is electronically filed. Includes electronic records within the scope of the rules.
URCP 011. Signing of pleadings, motions, and other papers; representations to court; sanctions. Amend. Permits a self-authenticated statement instead of an affidavit in accordance with Section 46-5-101. Recognizes electronic signatures.
URCP 064D. Writ of garnishment. Amend. To accommodate electronic filing, the amendment allows the creditor to pledge to serve the garnishee’s fee rather than attach it to the filing.

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Rules of Criminal Procedure

URCrP 08. Appointment of counsel. Amend. The amendments change the requirements to be appointed in capital cases, including increasing the number of education hours and requiring substantial work on a prior capital case.
URCrP 15.5. Out of court statement and testimony of child victims or child witnesses of sexual or physical abuse – Conditions of admissibility. Amend. The amendments are intended to help bring the rule into compliance with the requirements of Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004).
URCrP 33. Regulation of conduct in the courtroom. Amend. The amendments will permit a judge to sanction an attorney or party for incivility in pleadings or courtroom conduct.

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Rules of Appellate Procedure

URAP 10. Motion for summary disposition. Amend. Differentiates the number of copies to be filed depending on the court in which the appeal is pending.
URAP 20. Habeas corpus proceedings. Amend. Differentiates the number of copies to be filed depending on the court in which the appeal is pending.
URAP 56. Response to petition on appeal. Amend. Deletes reference to URAP 27(d).

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Rules of Evidence

URE 0404. Character evidence not admissible to prove conduct; exceptions; other crimes. Amend. Establishes the conditions for admission of evidence of similar crimes in child molestation cases.

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Rules of Juvenile Procedure

URJP 52. Appeals. Amend. Requires that appeals in abuse, neglect, dependency, termination and adoption cases must be filed within 15 days of the entry of the order appealed from.

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Code of Judicial Administration

CJA 04-202.03. Records access. Amend. Requires approval of the judge to release a competency evaluation, psychological evaluation or sex risk behavior assessment to the subject of the record or a duly authorized representative of the subject of the record.
CJA 04-510. Alternative dispute resolution. Amend. Reflects statewide application of most of the rule. Creates uniform method to defer ADR.

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