Utah Courts – Page 5 – Utah Court Rules

Posted: June 25, 2015

Rules of Civil Procedure

URCP 006. Time. Amend. Corrects references to amended rules 50 and 60.
URCP 011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Recognizes the requirements of rule 5(f) for a notarized, verified or acknowledged signature.
URCP 050. Judgment as a matter of law in a jury trial; related motion for a new trial; conditional ruling. Amend. Adopts many of the provisions of Federal Rule of Civil Procedure 50. Changes the name from “directed verdict” to “judgment as a matter of law.” Eliminates the requirement that the motion be renewed at the close of all evidence. Extends to 28 days after the judgment the time in which to renew the motion for judgment as a matter of law. Describes the effect of trial court rulings reversed on appeal.
URCP 052. Findings and conclusions by the court; amended findings; waiver of findings and conclusions; correction of the record; judgment on partial findings. Amend. Adopts many of the provisions of Federal Rule of Civil Procedure 52. Provides for judgment on partial findings, which will replace an equivalent provision in rule 41(b). Extends to 28 days after the judgment the time in which to file a motion to amend or make additional filings.
URCP 059. New trial; altering or amending a judgment. Amend. Adopts many of the provisions of Federal Rule of Civl Procedure 59. Extends to 28 days after the judgment the time in which to file a motion for new trial or a motion to amend or alter the judgment. Allows the court to grant, after notice and an opportunity to be heard, a motion for a new trial for a reason not stated in the motion.
URCP 060. Relief from judgment or order. Amend. Style changes intended to simplify and clarify the rule.
URCP 063. Disability or disqualification of a judge. Amend. Allows a second or subsequent motion to disqualify a judge if the motion is based on grounds that the party did not know of or could not have known at the time of the earlier motion. Requires a request to submit for decision with the motion. Expressly prohibits a response from another party.

Posted: June 25, 2015

Code of Judicial Administration

CJA 04-0202.02. Records classification. Amend. Provides that adoption records become public on the one hundredth anniversary of the date of the final decree as required by statute. Makes notices from the U.S. Bankruptcy Court private.
CJA 04-0905. Restraint of minors in juvenile court. New. Provides for the proper restraint of minors in juvenile court proceedings. Provides that ex parte communications related to restraint are not prohibited, but that the judge or commissioner shall notify all parties of the communication as soon as possible and give them an opportunity to respond.

Posted: May 14, 2015

Rules of Professional Conduct

RPC 08.04. Misconduct. Amend. The added comment puts attorneys on notice that an egregious violation or a pattern of repeated violations of the Standards of Professionalism and Civility can result in a violation of this rule.

Posted: May 14, 2015

Rules Governing the Utah State Bar

USB 14-0803. Inactive lawyers providing legal services for legal services organizations; purposes. Amend. The proposed changes to Rule 14-803 expand the scope of the rule to allow inactive Utah attorneys to provide pro bono legal services under the auspices of an approved sponsoring entity without the requirement of a supervising attorney. The rule has also been expanded to allow attorneys admitted in other jurisdictions, who are not admitted in Utah but living in Utah, to provide pro bono legal services under the rule.

Posted: May 14, 2015

Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Adds a criminal law professor to the Model Criminal Jury Instructions Committee.
CJA 03-0201. Court commissioners. Amend. Provides a public comment process for commissioner nominations and reappointments.
CJA 04-0502. Expedited procedures for resolving discovery issues. Repeal. Repeals rules 4-502 as expedited procedures for resolving discovery issues are now covered by rules 26, 30, 37, and 45 of the Utah Rules of Civil Procedure.
CJA 04-0603. Mandatory electronic filing. Amend. Provides that a person seeking a hardship exemption may do so by filing a written request in lieu of a form provided by the AOC.

Posted: May 14, 2015

Rules of Civil Procedure

URCP 008. General rules of pleadings. Amend. Changes the phrase “contributory negligence” to “comparative fault,” in keeping with Utah Code sections 78B-5-817 through 78B-5-823.

Posted: May 14, 2015

Rules of Criminal Procedure

URCrP 038. Appeals from justice court to district court. Amend. The proposed amendment creates a process for justice court defendants to file a motion reinstating the time for appeal, consistent with Manning v. State. The proposed amendment also eliminates the requirement for justice courts to send copies of documents to the district court when an appeal is filed.

Posted: March 31, 2015

Rules of Appellate Procedure

URAP 038A. Withdrawal of counsel. Amend. Requires that appointed appellate counsel represent a client through the first appeal as of right.

Posted: March 31, 2015

Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Eliminates the Justice Court Standards Committee. Provides that the Judicial Council’s Management Committee shall review standing and ad hoc committees every six years and make a recommendation to the Judicial Council as to whether the committee should continue. Allows the committees to meet as needed.
CJA 03-0109. Ethics Advisory Committee. Amend. Gives the committee 60 days to issue an opinion. Allows the committee chair to extend the time for deliberations on an opinion when necessary. Allows the boards of judges to request reconsideration of an opinion.
CJA 03-0112. Justice Court Standards Committee. Repeal. Eliminates the Justice Court Standards Committee in conjunction with the responsibility for justice court standards being moved to the Board of Justice Court Judges.
CJA 03-0418. Model Utah Jury Instructions. New. Provides direction on developing jury instructions to the committees on the Model Utah Jury Instructions.
CJA 04-0202.02. Records classification. Amend. Classifies affidavits supporting motions to waive fees as private records.
CJA 06-0501. Reporting requirements for guardians and conservators. Amend. Requires a guardian or conservator to file a verified Private Information Record with the AOC within 7 days of appointment.
CJA 09-0101. Board of Justice Court Judges. Amend. Gives the Board of Justice Court Judges responsibility for overseeing justice court standards.
CJA 09-0108. New. Outlines the justice court standards as previously provided in rule 3-112.

Posted: February 24, 2015

Code of Judicial Administration

CJA 04-0401.01. Electronic media coverage of court proceedings. Amend. Provides a presumption of electronic media coverage in court proceedings where the predominant purpose of the coverage is journalism or dissemination of news to the public. Provides that all requests for electronic media coverage must come through the court’s public information office. Requires that news reporters providing pool coverage shall promptly share their files with other news reporters and that news reporters must be willing and able to share their files to be approved to provide coverage.