Author: Utah Courts

Code of Judicial Administration – Comment Period Closed April 23, 2016

CJA 03-0403. Judicial branch education. Amend. Gives the Management Committee authority to excuse an active senior judge applying for reappointment from completing the annual 30 hour education requirement based on good cause. To be eligible, the senior judge must have completed at least 60 total education hours in the two years preceding the effective date of reappointment.

CJA 04-0202.02. Records classification. Amend. Classifies jail booking sheets and nonresident violator notices of compliance as private. Deletes language addressing appellate brief addenda as they are governed by other rules.

CJA 04-0404. Jury selection and service. Amend. Incorporates recent amendments to the statute regarding a juror’s term of service.

CJA 04-0903. Uniform custody evaluations. Amend. Clarifies the list of professionals who may perform custody evaluations. Eliminates the provision allowing two custody evaluators to be appointed if one party resides out of state. Adds additional factors for a custody evaluator to consider when conducting an evaluation.

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Appellate E-filing Rules — Comment Period Closed April 1, 2016

Summary of Amendments. The model for e-filing may change as the courts and lawyers gain experience, but the following points describe the main features of the model that we anticipate:

  • As in the district court and in the juvenile court, e-filing in the appellate courts will be optional when it is available, with mandatory e-filing by lawyers about 2-4 months after that. The AOC will host e-filing. There will be no third-party service providers, as there are in district court.
  • Self-represented parties will continue to file and serve documents by traditional means, but will be encouraged to e-mail them to the court and to the other parties.
  • Printed courtesy copies of some briefs will be required. Otherwise only a digital file will be filed.
  • As in the district court, e-filing a document has the effect of serving the document on other e-filers. Self-represented parties will have to serve and be served using traditional means, which will include email. Unlike URCP 5, service by email on a self-represented party will not require the party’s agreement.
  • The transcriber will electronically file the transcript, as is now the case.
  • The record in the review of an administrative agency will be assembled either as a digital or paper file, depending on the capability of the agency, and delivered to the appellate court.
  • There will be no traditional assembly of the record on appeal from the district court or juvenile court nor an electronic equivalent of assembly into a single digital file. Exhibits offered or introduced as evidence and not electronically filed in the trial court will be sent to the appellate court in the traditional way.
  • The digital records of the district court and juvenile court will be available to lawyers, self-represented parties and the courts through the courts’ e-filing systems. A digital file of assembled agency records will be available to lawyers, self-represented parties and the courts as a digital file. A paper file of assembled agency records will be checked out of the agency or the appellate court in the traditional manner. The court will print select portions of a digital file for a self-represented party upon request and a showing of need.
  • Citations in briefs and other appellate filings to the trial court record will be by the number of the document in the trial court docket and the relevant page number within the document. The citation to the trial court record will be a link to the relevant page of the document. Citations to the record of an administrative agency’s digital or paper file will be by citation to the relevant Bates number or page number of the file. The IT department of the AOC has developed an application to simplify the process of creating links, and the application will be publicly available.
  • A traditional signature on filings will be permitted but not required. The effective signature is the filer’s electronic signature, which is governed by Title 46, Chapter 4, Uniform Electronic Transactions Act. The filer’s electronic signature carries all of the representations and consequences of a traditional signature.

StandingOrder 08. As to establishment of a pilot program to require submission of electronic courtesy briefs to the Utah Supreme Court and the Utah Court of Appeals.

CJA 05-0201.  Requests for enlargement of time by court recorders and transcribers. Amend.

URAP 003. Appeal as of right: how taken. Amend.

URAP 005. Discretionary appeals from interlocutory orders. Amend.

URAP 009. Docketing statement. Amend.

URAP 010. Motion for summary disposition. Amend.

URAP 011. The record on appeal. Amend.

URAP 012. Transmission of the record. Amend.

URAP 013. Notice of filing by clerk. Amend.

URAP 014. Review of administrative orders: how obtained; intervention. Amend.

URAP 016. The agency record on appeal. New.

URAP 019. Extraordinary writs. Amend.

URAP 020. Habeas corpus proceedings. Amend.

URAP 021. Filing and service. Amend.

URAP 021A. Hyperlinks. New.

URAP 022. Computation and enlargement of time. Amend.

URAP 023. Motions. Amend.

URAP 023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Amend.

URAP 023C. Motion for emergency relief. Amend.

URAP 024. Briefs. Amend.

URAP 025. Brief of an amicus curiae or guardian ad litem. Amend.

URAP 026. Filing and service of briefs. Amend.

URAP 027. Form of briefs. Amend.

URAP 029. Oral argument. Amend.

URAP 034. Award of costs. Amend.

URAP 035. Petition for rehearing. Amend.

URAP 036. Issuance of remittitur. Amend.

URAP 039. Duties of the clerk. Amend.

URAP 041. Certification of questions of law by United States courts. Amend.

URAP 042. Transfer of case from Supreme Court to Court of Appeals. Amend.

URAP 043. Certification by the Court of Appeals to the Supreme Court. Amend.

URAP 047. Transmission of record; joint and separate petitions; cross-petitions; parties. Amend.

URAP 048. Time for petitioning. Amend.

URAP 050. Brief in opposition; reply brief; brief of amicus curiae. Amend.

URAP 051. Disposition of petition for writ of certiorari. Amend.

URAP 053. Notice of appeal. Amend.

URAP 054. Transcript of proceedings. Amend.

URAP 055. Petition on appeal. Amend.

URAP 056. Response to petition on appeal. Amend.

URAP 057. Record on appeal; transmission of record. Amend.

URAP 058. Ruling. Amend.

URAP 059. Extensions of time. Amend.

URAP 060. Judicial bypass appeals. Amend.

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Rules of Juvenile Procedure

URJP 029B. Hearings with remote conferencing from a different location. New. Provides that a judge, attorney, or party may appear by remote conferencing for certain delinquency hearings.
URJP 037B. Hearings with remote conferencing from a different location. New. Provides that a judge, attorney, or party may appear by remote conferencing for certain child welfare hearings.

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Rules of Civil Procedure

URCP 013. Counterclaim and cross-claim. Amend. Deletes paragraphs (e), (i) and (j). Amending a pleading to add a counterclaim, regardless of the reason it was omitted, is properly governed by Rule 15. Adopts many of the grammar and style amendments of the federal rule.
URCP015. Amended and supplemental pleadings. Amend. Adopts the federal rule governing relation-back of an amended pleading when the amended pleading adds a new party. See Wright v. P.K. Transport, 2014 UT App 93. ¶¶ 18-22, Voros concurring. Requires that the proposed amended pleading be attached to the motion for permission to file an amended pleading. Adopts many of the grammar and style amendments of the federal rule.
URCP 026.03. Disclosure in unlawful detainer actions. New. Regulates disclosures in an action for eviction or damages arising out an unlawful detainer by a residential tenant.

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Rules Governing the Utah State Bar

USB 14-0503. Ethics and Discipline Committee. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, describes in general terms the responsibilities of the clerk of the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0504. OPC counsel. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, eliminates OPC’s responsibility for notice of disposition of matters. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0510. Prosecution and appeals. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, assigns specific tasks performed by OPC to the clerk of the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0533. Diversion. Amend. Removes the description of OPC acting as secretary to the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.

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Code of Judicial Administration

CJA 03-0302. Clerk of Court. Amend. Provides that the clerk’s office shall be open during all business hours except Saturdays, Sundays, and holidays. Provides that during hours of operation the clerk or deputy shall be physically present, or immediately available remotely.
CJA 03-0306.01. Language access definitions. New. Defines terms applicable to rules 3-306.02 through 3-306.05 of the Utah Code of Judicial Administration. Deletions and additions to the language are redlined.
CJA 03-0306.02. Language Access Committee. New. Outlines the Language Access Committee’s responsibilities. Deletions and additions to the language are redlined.
CJA 03-0306.03. Interpreter certification. New. Outlines the process for becoming a certified interpreter. Provides a process whereby an exception may be made to one or more of the requirements as determined by the
Language Access Committee. Reiterates the policy that contract interpreters are independent contractors. Deletions and additions to the language are redlined.
CJA 03-0306.04. Interpreter appointment, payment, and fees. New. Outlines the interpreter appointment process. Provides that the Judicial Council will review a market study every three years in order to set hourly rates for interpreters. Deletions and additions to the language are redlined.
CJA 03-0306.05. Interpreter removal, discipline, and formal complaints. New. Outlines the interpreter discipline process. Provides that an interpreter may be disciplined for unprofessional conduct, or for being convicted of, or charged with, a crime. Revises the formal complaint process so that following a proposed resolution by the Language Access Program Coordinator, an interpreter may request a hearing before a panel of the Language Access Committee, and may appeal that panel’s decision to the Language Access Committee. Deletions and additions to the language are redlined.
CJA 04-0106. Electronic conferencing. Amend. Authorizes the use of remote conferencing in lieu of personal appearances when certain requirements are met.
CJA 04-0408.01 Responsibility for administration of trial courts. Amend. Removes Morgan from the list of district courts administered by a county or municipality, since it is administered by the Administrative Office of the Courts.
CJA 04-0602. Victims’ Rights Committees. Repeal. Repeals the rule because the process for establishing Victims’ Rights Committees is now outlined by Utah Code section 77-37-5.
CJA 09-0105. Justice Court hours. Amend. Provides that during hours of operation, the justice court judge or clerk shall be physically present, or immediately available remotely.
CJA 09-0302. Mandatory electronic filing. New. Provides that e-filing will be discretionary in justice court criminal cases from July 1, 2016 to December 31, 2016. Provides that e-filing will be mandatory in justice court criminal cases beginning December 31, 2016.

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Rules Governing the Utah State Bar

USB 14-0807. Law student and law graduate legal assistance. Amend. Subject to some limitations, permits 2L and 3L students, as well as recent graduates within the year following graduation, to practice under the rule. Expands the areas in which students and graduates may practice. Effective January 6, 2016 under rule 11-105(5) of the Utah Code of Judicial Administration. Subject to change after the comment period.

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Rules of Criminal Procedure

URCrP 011. Pleas. Amend. Clarifies the warning judges must give to defendants in domestic violence cases.
URCrP 022. Sentence, judgment and commitment. Amend. Clarifies the warning judges must give to defendants in domestic violence cases. Also clarifies the circumstances under which a Rule 22 motion may be filed.

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Rules of Civil Procedure

URCP 009. Pleading special matters. Amend. Removes the paragraph regarding a petition to renew a judgment. The process to renew a judgment is governed by proposed Rule 58C and the Judgment Renewal Act. Adopts much of the style and grammar of the federal rule.
URCP 026.01. Disclosure and discovery in domestic relations actions. Amend. Amends the disclosure deadlines to conform to Rule 26.
URCP 026.02. Disclosures in personal injury actions. Amend. Corrects a reference to amended Rule 9.
URCP 041. Dismissal of actions. Amend. Removes the provision for ruling against a plaintiff for failure to prove a right to relief, a similar but broader provision having been added to Rule 52, as in the federal rules. Adopts much of the style and grammar of the federal rule.
URCP 054. Judgment; costs. Amend. Establishes a process to add attorney fees and costs to a judgment.
URCP 058A. Entry of judgment; abstract of judgment. Amend. In conjunction with amendments to rule 4 of the Utah Rules of Appellate Procedure, establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under rules 50, 52, and 59 of the Rules of Civil Procedure, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.
URCP 058C. Motion to renew judgment. New. In conjunction with the Judgment Renewal Act and the amendment to Rule 9, describes the process for renewing a judgment.
URCP 073. Attorney fees. Amend. Modifies the process for claiming attorney fees. Adopts many features of FRCP 54(d).

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