Author: Utah Courts

Rules of Evidence – Comment Period Closed March 25, 2021

URE0507.01.   (NEW). Behavioral Or Medical Emergency Services Technician-Patient. New evidentiary privilege covering confidential communications between a patient and a medical or behavioral emergency services technician, made during the provision of behavioral emergency services. This rule is a companion to proposed Senate Bill 53 (SB 53), creating a new first responder position—Behavioral Emergency Services Technician (“BEST”)—and its adoption is dependent upon the passage of that bill. The effective date of the rule would coincide with the effective date of Department of Health guidelines governing the function and scope of the BEST position.

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Rules of Civil Procedure – Comment Period Closed March 22, 2021

DISCLOSURE AND DISCOVERY AMENDMENTS

URCP026. General provisions governing disclosure and discovery. Amend. The proposed amendments to Rule 26 extend several discovery timelines and clarify multiple provisions. The amendments also include the language currently proposed in SJR004 (2021), which addresses a party’s duty to pay an expert witness’s hourly fee for attendance at a deposition (lines 113-114).

FAMILY LAW AMENDMENTS
As a whole, the family law amendments below are intended to

URCP010. Form of pleadings and other papers. Amend.

URCP012. Defenses and objections. Amend.

URCP026. General provisions governing disclosure and discovery. Amend.

URCP026.01. Disclosure and discovery in domestic relations actions. Amend.

URCP100A. Case Management of Domestic Relations Actions. NEW.

URCP104. Divorce decree upon affidavit. Amend.

URCP106. Modification of final domestic relations order. Amend.

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Rules of Appellate Procedure – Comment Period Closed March 22, 2021

URAP043. Certification by the Court of Appeals to the Supreme Court. Amend. The proposed amendments to Rule 43: (1) change the due date from ten days to 14 days in 43(b)(1); (2) comport the rule with Standing Order 11 (regarding filing documents by email); and (3) clean up other language for clarity and consistency.

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Code of Judicial Administration – Comment Period Closed March 14, 2021

CJA02-0211. Compliance with the Code of Judicial Administration and the Code of Judicial Conduct. AMEND. Expands the ability to report allegations of a failure to comply with the provisions of the CJA and the CJC to any court employee. Allows information identifying the complainant to be omitted from reports to the Judicial Council. If the allegations involve inappropriate behavior toward the complainant, the complainant must be made aware of any corrective action taken. The complainant may ask for Judicial Council review of any decision made by the presiding officer.

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Code of Judicial Conduct – Comment Period Closed March 14, 2021

Terminology. Adds the definition of abusive conduct and amends the definition of judicial candidate to those who are applying for judicial office.

CJC02.3. Bias, Prejudice, and Harassment. AMEND. The amendment applies abusive conduct restrictions to judges.

CJC02.11. Disqualification. AMEND. Clarifies that the restriction on hearing cases applies when the lawyer is a supervisor of the judge’s relative.

CJC02.12. Supervisory Duties. AMEND. The amendment applies abusive conduct restrictions to judge in their supervisory roles.

CJC04.1. Political and Campaign Activities of Judges and Judicial Candidates in General. AMEND. Clarifies that only certain restrictions apply to judicial candidates.

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Rules of Criminal Procedure – Comment Period Closed March 6, 2021

URCrP016. This proposal incorporates changes suggested by the public comments to require disclosure of police officer’s notes only if they have not been incorporated into a police report, allowing defendants to waive the mandatory disclosures, and clarifying the notice procedure when a prosecutor decides a required disclosure is either not lawful or would endanger any person or an ongoing investigation.

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Code of Judicial Administration – Comment Period Closed February 4, 2021

CJA03-0101. Judicial Performance Standards (AMEND)
Establishes a definition for “submitted” for purposes of the case under advisement performance standard, and clarifies that judges will be considered compliant with education and case under advisement standards if their failure to meet one or both of those standards was due to circumstances outside of the judge’s control. All material relied upon by the Judicial Council in making a certification decision or explanation shall be forwarded to JPEC and shall be made public to the extent that the information is not confidential personal health information.

CJA03-0108. Judicial Assistance (AMEND)
Authorizes the presiding officer of the Judicial Council to appoint a district court presiding judge as the signing judge for automatic expungements in all district courts within the presiding judge’s district.

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Rules of Professional Conduct – Comment Period Closed January 17, 2021

Proposed changes merge the attorney Rules of Professional Conduct and the LPP Rules of Professional Conduct into one set of rules. Currently, there are two nearly identical sets of Rules of Professional Conduct for each type of licensee. One set of rules is more efficient and makes changes and updates to the rules simpler and more uniform.

Preliminary Notes

RPC01.00. Terminology.

RPC01.01. Competence.

RPC01.02. Scope of representation and allocation of authority between client and lawyer.

RPC01.05. Fees.

RPC04.02. Communication with persons represented by legal professionals.

RPC06.01. Voluntary pro bono legal service.

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