Posted: February 6, 2023
Rules of Criminal Procedure – Comment Period Closed March 23, 2023
URCrP008. Appointment of counsel. Amend. The Supreme Court has requested an additional round of public comment to Rule 8. The current proposal changes the process of securing a waiver of the right to counsel and the appointment of counsel in capital cases.
Posted: January 19, 2023
Rules of Civil Procedure – Comment Period Closed March 5, 2023
URCP004. Process. AMEND. The Committee proposes an amendment to subparagraph (d)(1)(D), similar to the amendment proposed by Judge Orme in Jordan Credit Union v. Sullivan, 2022 UT App 120, ¶ 18 (Orme, J., concurring), in order to allow for personal service of process on an incarcerated person.
URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The Committee proposes adding two motions to the subparagraph (l)(1) list of motions that a court may decide without awaiting a response. First, the Committee proposes adding a motion to strike a document filed by a vexatious litigant in violation of Rule 83(d). Where a vexatious litigant makes an improper filing, it is not presently clear whether an opposing party must proceed under Rule 7A’s procedures for enforcing the vexatious litigant order. Requiring the opposing party to do so would involve full briefing and considerable delay, contrary to the purpose of filing restrictions imposed under Rule 83. Second, the Committee proposes adding a motion to appear remotely.
URCP083. Vexatious Litigants. AMEND. The Committee proposes amending subparagraphs (b)(4) and (d)(1) to allow vexatious litigants to file a notice of appeal without first getting approval from the trial judge. Where a trial court imposes filing restrictions on a vexatious litigant, sometimes court clerks have refused attempts by the litigant to file a notice of appeal. This can create uncertainty in some cases as to whether an appellate court has jurisdiction over an appeal because the documentary evidence of a timely appeal is missing. The amendments would make it clear that the trial court may not erect barriers to the filing of a notice of appeal. The Committee also proposes amending subparagraphs (b)(4), (b)(5), and (d)(1) to change “leave of the court” to “permission of the court” to make the language more understandable to self-represented litigants.
Posted: January 18, 2023
Rules of Juvenile Procedure – Comment Period Closed March 4, 2023
URJP018. Summons; service of process; notice. Amend. The proposed amendments to Rule 18 include: (1) adding language that requires a bilingual notice in abuse, neglect, dependency, and termination of parental rights cases; (2) adding a subsection to 18(a)(2) to include termination of parental rights cases; and, (3) replacing the language “shall” with “must,” “will,” or “is” to conform with the Utah Supreme Court stylistic guidelines.
Posted: January 17, 2023
Code of Judicial Administration – Comment Period Closes March 3, 2023
CJA03-0403. Judicial branch education (AMEND). Proposed amendments require judicial officers and court employees to complete annual training on harassment and abusive conduct, ethics, inclusion, and elimination of bias. Other amendments are intended to streamline the rule and reflect current onboarding and orientation practices.
Posted: December 20, 2022
Code of Judicial Administration – Comment Period Closed February 3, 2023
Amendments clarify that attorneys and licensed paralegal practitioners must file cases electronically and allow self-represented litigants to file by email.
CJA04-0503. Mandatory electronic filing in civil and probate cases (AMEND)
CJA04-0603. Mandatory electronic filing in criminal cases (AMEND)
CJA04-0801. Filing small claims cases (AMEND)
CJA04-0901. Mandatory electronic filing in juvenile court (AMEND)
CJA09-0302. Mandatory electronic filing in justice court (AMEND)
Posted: December 15, 2022
Rules of Appellate Procedure – Comment Period Closed January 29, 2023
URAP004. Appeal as of right: when taken. The Committee had previously sent the rule out for comment in regards to the following proposed changes: (1) add to the rule the standard governing motion to reinstate the time for appeal; (2) restructure the section to be consistent with subsection 4(g) (addressing reinstating the right to appeal in civil cases); (3) included a one-year deadline from discovery of facts giving rise to the claim; and (4) clean up language for clarity and consistency. The Committee is proposing sending out for public comment; (1) new restructured language in regards to the one-year timeframe; and (2) clarifying what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday.
URAP005. Discretionary appeals from interlocutory orders. The Committee proposes amending Rule 5 to: (1) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; and (2) clean up language for clarity and consistency.
URAP011. The record on appeal. The Committee proposes amending Rule 11 to: (1) add a requirement that parties include the position of all other parties when filing a motion; and (2) change the reference to Rule 11(e)(1) to (c)(1).
URAP022. Computation and enlargement of time. The Committee proposes amending Rule 22 to: (1) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; (2) clarify “legal holiday” and provide a web link to the Utah Courts website that lists the holidays in which the Utah State Courts are closed; (3) add a requirement that parties include the position of all other parties when filing a motion; and (4) clean up language for clarity and consistency.
URAP052. Child welfare appeals. The Committee proposes amending Rule 52 to: (1) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; (2) clean up format for consistency.
URAP057. Record on appeal; transmission of record. The Committee proposes amending Rule 57 to clarify that the record on appeal consists of the juvenile’s entire legal file, but only those parts of the juvenile’s social file that the juvenile court actually considered.
Posted: December 7, 2022
Utah Rules of Civil Procedure – Comment Period Closed January 21, 2023
URCP059. New trial; altering or amending a judgment. (Amend). The Committee proposes amending the language of subparagraph (e) to include “unless otherwise provided for by statute or rule” because as written the rule may conflict with Utah Code section 78B-6-811(5)(b), which states a court may modify a judgment for additional amounts owed if a motion is submitted within 180 days.
Posted: November 21, 2022
Code of Judicial Administration – Comment Period Closed January 5, 2023
CJA06-0501. Reporting requirements for guardians and conservators. Proposed amendments clarify that a corporate fiduciary must attach its own internal reports and accountings to court approved forms.
CJA03-0406. Budget and fiscal management. Proposed amendments incorporate the role of the Budget and Fiscal Management Committee and make other improvements to clarify the budget process.
CJA03-0104. Presiding judges. Proposed amendments require presiding judges to notify the appropriate state level administrator when a judge fails to submit a required case under advisement statement. If a judge fails to submit a required statement for two consecutive months, the state level administrator must notify the Management Committee.