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Rules of Civil Procedure – Comment period closes October 1, 2020

Consolidation and Venue Transfer Amendments

URCP042. Consolidation; separate trials; venue transfer. AMEND.

The amendments to Rule 42 involve two issues: consolidation and venue transfer. The amendments clarify the powers of the district court to 1) consolidate two or more cases from any district in the state, 2) transfer a case from any court to any other court in the state, or 3) take either action as to just a portion of two or more cases. The amendments further mandate that cases filed in an improper venue be transferred to a proper venue when such is available. The venue amendments address the Supreme Court’s invitation in Footnote 4 of Davis County v. Purdue Pharma, L.P, 2020 UT 17.

 

Domestic Injunction Amendments

URCP005. Service and filing of pleadings and other papers. AMEND.

URCP109. Injunction in certain domestic relations cases. AMEND.  

The proposed amendments to Rules 5 and 109 address conflicting provisions between the two rules. The amendments to Rule 5 add an exception to allow specific rules to state who serves the petition. The amendments to Rule 109 require the petitioner, rather than the court, to provide a copy of the injunction to the respondent.

 

Notice Amendments

As a whole, the proposed amendments to Rules 4, 7, 8, 36, and 101 would require more notice to parties of their rights and obligations. An example of a document containing the Judicial Council-approved bilingual notice of rights may be found here.

URCP004. Process. AMEND.  

The proposed notice amendments to Rule 4(c)(1) would require that the Judicial Council-approved bilingual notice of rights be included with the summons.

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND.

The proposed notice amendments to Rule 7(c) would require caution language on the first page of all dispositive motions. It also requires the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.

URCP008. General rules of pleadings. AMEND. 

The proposed notice amendments to Rule 8(a) would require caution language on the first page of all pleadings requesting relief and provides consequences for failing to do so.

URCP036. Request for admission. AMEND.

The proposed notice amendments to Rule 36(b) would require caution language on the first page of all requests for admission and provides consequences for failing to do so.

URCP101.Motion practice before court commissioners. AMEND.

The proposed notice amendments to Rule 101(a) would require caution language on the first page of all motions to court commissioners. It would also require the inclusion of the Judicial Council-approved bilingual notice of rights and provides consequences for failing to include them.

 

Service of Process Amendments

URCP004. Process. AMEND.  

The proposed service of process amendments to Rule 4 address service on minors in paragraph (d)(1)(B) and outline the requirements for electronic acceptance of service in paragraph (d)(3)(B).

 

Supplemental Proceedings Amendments

URCP64.Writs in general. AMEND.  

The proposed amendments to Rule 64 would require that 1) enforcement proceedings be initiated by motion under new Rule 7A, and 2) that the party against whom enforcement proceedings are initiated be served with the notice of hearing under Rule 4. Under the proposed amendments, If the party did not appear at the enforcement proceedings hearing, only then could a bench warrant issue. The term “referee” in paragraph (c) has also been replaced with “clerk of court.”

URCP007A. Motion to enforce order and for sanctions. NEW. 

URCP007B. Motion to enforce order and for sanctions in domestic law matters. NEW. 

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND.  

New Rule 7A, which circulated once already for comment, has been split into two rules, 7A and 7B, in response to comments made during the comment period last year. Rules 7A and 7B would create a new, uniform process for enforcing court orders through regular motion practice. They would replace the current order to show cause process found in Rule 7(q) and in local court rules. During the comment period, several practitioners noted that the order to show cause process in the domestic arena differed from the process in other civil cases and should be separated out. Rule 7B would now address the domestic law order to show cause process. As previously noted, this would result in the repeal of Rule 7(q) because the provisions addressing the court’s inherent power to initiate order to show cause proceedings would now be found in Rules 7A(h) and 7B(h).

 

Vexatious Litigant Amendments

URCP083. Vexatious litigants. AMEND. 

The proposed amendments would bring represented parties into the rule’s purview. They would also permit any court to rely on another court’s vexatious litigant findings and order their own restrictions.

 

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Rules Governing the State Bar – Comment Period Closed September 26, 2020

USB14-0805. Admission for spouse of active military stationed in Utah. Proposed change in 14-805(a)(4)(A) requires military spouse applicants to pay the full application fee rather than half.  Reason for the change is recent federal legislation that reimburses military spouses for the full application fee.

USB14-0715. Request for review. Proposed change in 14-715(e)(4) allows petitioners to submit a reply brief that is limited to the facts raised in the Bar’s response to the initial petition.

USB14-0705. Admission by Motion and USB14-0719. Qualifications for admission of House Counsel Applicants. Changes to both rules permit House Counsel licensees to count time spent practicing in Utah with a house counsel license toward the time required for admission by motion.

 

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Code of Judicial Administration – Comment Period Closed September 24, 2020

CJA04-0202.02. Records Classification (AMEND). Minor’s names will be public in stalking injunctions. Reflects current practice.

CJA06-0507. Court Visitor (NEW). New rule outlining the appointment and role of court visitors, and establishing a process for review of court visitor reports.

CJA03-0407. Accounting (AMEND). Clarifies that “bail” refers to “monetary bail.” Amends examples of trust accounts to reflect the most common fund types.

CJA04-0609. Procedure for obtaining fingerprints and Offense Tracking Numbers on defendants who have not been booked in jail (AMEND). Clarifies that “bail” means release.

CJA010-01-0404. Attendance and assistance of prosecutors in criminal proceedings (AMEND). Clarifies that “bail” refers to “monetary bail.”

CJA04-0401.01. Electronic media coverage of court proceedings (AMEND). Clarifies that the rule applies to viewing proceedings by remote transmission. Eliminates the requirement for pool coverage. Any media who register may attend. Electronic access may be terminated for violations of the rule.

CJA04-0401.02. Possession and use of portable electronic devices (AMEND). Defines court proceedings. Prohibits individuals from recording or photographing remote proceedings.

 

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Supreme Court Rules of Professional Practice, Office of Professional Conduct – Comment Period Closed September 11, 2020

The proposed amendments reflect the recommended reforms to lawyer discipline and disability proceedings and sanctions contained in the American Bar Association/Office of Professional Conduct Committee’s Summary of Recommendations (October 2018).

Proposed Amendments to the Supreme Court Rules of Professional Practice related to the Discipline, Disability, and Sanctions Rules

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Code of Judicial Administration – Comment Period Extended to September 8, 2020

CJA03-0101. Judicial Performance Standards (AMEND)

CJA03-0104. Presiding Judges (AMEND)

CJA03-0111. Performance Evaluation of Senior Judges and Court Commissioners (AMEND)
The proposed amendments to Rules 3-101, 3-104, and 3-111 establish a definition for “submitted” for purposes of the case under advisement performance standard. The updates also provide discretion to the Council to excuse full compliance with the performance standards regarding cases under advisement and education hours for circumstances beyond the judge’s control, pursuant to Utah Code section 78A-2-223.

The comment period’s expiration is extended from July 25, 2020 to September 8, 2020. The original notice of comment period is found here.

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Rules of Criminal Procedure – Comment Period Closed September 5, 2020

URCrP016. Discovery. Amend. Distinguishes between mandatory disclosures, disclosures upon request, and trial disclosures. Creates a timing requirements for each. Clarifies attorney work product protection. Amends relief and sanctions for failure to disclose. Reorganizes identification evidence section.

Due to the extensive nature of the proposed amendments, both the redline text and a final version of Rule 16 are provided.

URCrP016 redline text

URCrP016 final version

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Rules of Juvenile Procedure and Rules Governing the Utah State Bar – Comment Period Closed August 13, 2020

URJP050. Presence at hearings. Amended. Proposed changes permit and detail Indian tribes’ right to participate in court proceedings pursuant to the Indian Child Welfare Act.

USB14-0802. Authorization to practice law. Amend. Proposed changes permit Indian tribes, who have intervened in proceedings pursuant to the Indian Child Welfare Act, to have a designated nonlawyer represent them. Other technical and formatting changes are also included.  

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Code of Judicial Administration – Comment Period Closed August 8, 2020

CJA01-0201. Membership – Election. AMEND – Makes changes to general provisions regarding election of Judicial Council members to implement in rule SB0167 from the 2020 general session.

CJA06-0102. Election of District Court judges to the Judicial Council. AMEND – Makes changes to provisions regarding election of District Court members of the Judicial Council to implement in rule SB0167 from the 2020 general session.

CJA07-0101. Juvenile Court Board, Executive Committee and Council Representatives.
AMEND – Makes changes to provisions regarding election of Juvenile Court members of the Judicial Council to implement in rule SB0167 from the 2020 general session.

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