April 5, 2013

Information on eFiling in the Utah State District Courts

The Utah Judicial Council's rule requiring attorneys to submit filings in civil cases electronically is now in effect. CJA 4-503. Electronic filing in probate cases is available and will be mandatory on July 1. Please note the following information about the eFiling system:

1. The place where court's seal and signature appear on orders electronically signed by the court has changed. They now appear in the top margin of the first page of the order.

2. We are aware that formatting issues have been appearing in some electronically signed orders. The new signature location will help resolve some of those issues. To further reduce formatting problems, we have posted updated formatting tips for you to use in preparing documents for the court's signature: go to the court's website at www.utcourts.gov/efiling and select “Formatting .RTF Documents Submitted for Court Signature.” If you need further assistance to format documents for eFiling, please contact your electronic filing service provider.

3. New video trainings have also been posted on the court's website at the above address (select “eFiling Video Tips for Attorneys”). Each video is about three minutes long and provides interactive training on the most frequently asked questions about eFiling. Please share this information with members of your staff who prepare your filings.

Thank you for your assistance in helping us to manage your electronic filings efficiently.

April 4, 2013


Salt Lake City, UT - Nearly 12,000 Utah children are impacted by divorce each year, including more than 5,000 children in Salt Lake County. To address the needs of these children, the Utah State Courts offers a free Divorce Education for Children class twice each month. Classes take place on Saturday from 10 a.m. to noon and Monday from 6 to 8 p.m. Following are the dates for upcoming classes: April 8 and 27, May 6, June 10 and 29, 2013.

The Divorce Education for Children class is for children 9 to 12-years-old whose parents have filed for divorce or whose parents are divorced. The class takes place at the Scott M. Matheson Courthouse at 450 South State Street. Advance registration is required by calling (801) 578-3897 or e-mail sabrinap@email.utcourts.gov. There is no charge to attend the class.

The program’s curriculum provides children with skills they can use to better communicate their feelings to parents. A mental health professional teaches the class with the assistance of a state court commissioner. Participation in the children’s class is voluntary.

For more information, go to www.utcourts.gov and search for divorce education classes.

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March 18, 2013

Notice of Approved Amendments to Utah Court Rules

The Utah Legislature has amended URCP 62 effective March 13, 2013.
URCP 062. Stay of proceedings to enforce a judgment. Amended by SJR 14. Provides that a municipality is not a state agency exempt from posting security to stay a judgment on appeal. Requires a municipality to post security to stay a judgment over $5,000,000.

How to view redline text of the approved amendments
To see the text and effective date of the amendments, click on this link to: http://www.utcourts.gov/resources/rules/approved/ and then click on the rule number. All amendments are effective on the dates indicated. Updated versions of the rules will be posted to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.

March 7, 2013

e.Bulletin for March 2013


Attorney Public Relations
The survey conducted by Dan Jones for the Bar concluded many things, one of which was that 44% (a majority of responses) of us believe the public views us negatively. Given your responses and the need to change the ongoing negative view the public holds of attorneys, the Bar has hired Sean Toomey to handle not only our advertising needs but also our public relations. The view to this hire was two-fold: improve the quality of our public relations and advertising outreach and decrease the cost to the Bar. I remain convinced that if the public knew of how much good attorneys do in the community it would go a long way to changing the view of attorneys overall. We have all heard that everyone hates all lawyers except their own. We also all know that attorneys are out in their communities serving in countless unrecognized ways. I’m renewing my request that you send in your stories, or the stories of those you know, who are serving in their communities, from coaching their kids teams to serving on planning and zoning committees. If you want to remain anonymous that is fine. But your efforts to improve the world you live in are valuable and deserve recognition, and getting the information out will serve all members in changing the overall view of lawyers in the public. You can send those stories to me at UtahBarPresident.LoriNelson@utahbar.org or to Sean at Sean.Toomey@utahbar.org.

Don’t forget to register and make accommodation arrangements for the Spring Convention in St. George, March 14 - 16, 2013. We look forward to seeing all of you and having you join us for an exciting and eventful convention!
March 2013 E-News
• e-filing is Mandatory April 1 for civil and domestic cases
• Court will use your Bar e-mail address not your e-Filing e-mail address
• Fireside Chat with Justice Durham, April 18
• Realizing the Dream: Equality for All, Law Day, May 1
• Modest Means Lawyer Referral Program
• 2013 Summer Convention at Snowmass Village, July 17-20
• Odd Year Mandatory CLE (MCLE) Reporting Cycle (7/1/11 to 6/30/13)
• March CLE

e-filing is Mandatory April 1 for civil and domestic cases. If you don’t already have an e-filing account, please see utcourts.gov/efiling (and check this site regularly for program updates). Also, see e-filing requirements and exceptions at rules. You may now e-file probate cases; mandatory July 1.

Court will use your Bar e-mail address not your e-Filing e-mail address - It is critical that you keep your business e-mail address of record with the Bar current, even though you provide the same or different e-mail address to your e-filing service provider (EFSP). That email address is used only by the EFSP, and is not provided to the Court. The Court will continue to use your Bar e-mail address for: 1) docketed notices regarding discovery, hearings, and other events, in cases in which you have appeared as counsel of record, 2) other communications regarding cases in which you have appeared as counsel of record, and 3) other court communications regarding changes in court rules or other matters unrelated to a specific case. The fact that you are reading this e-mail is a good sign, but please be aware that the court will be using your “business” e-mail address, which may be different from the “preferred” e-mail address you have designated for use by the Bar. Please verify that your business e-mail address is correct at myutahbar.org, and in the future, please update your listing immediately if it changes. Please help us spread the word to your colleagues who may not be receiving these e-mails. If you need your log-in information, please e-mail your name and Bar number to onlineservices@utahbar.org.

2013 Online Elections, April 1-15 - A link to the Utah State Bar elections will be e-mailed to you at this address. Please follow above steps if you change your e-mail address. If you prefer a paper ballot please contact Christy Abad at adminasst@utahbar.org.

Fireside Chat with Justice Durham, April 18 - Join the Women Lawyers of Utah for the annual Fireside Chat with Justice Durham and the announcement of the 2013 Christine M. Durham Woman Lawyer of the Year Award winner. The event will be held on Thursday, April 18 at 5:30 p.m. in the Zions Bank Founders Room (18th floor of the Zions Bank Tower at One South Main Street). Heavy appetizers and beverages will be served. The event is FREE to Women Lawyers of Utah members; join today, WLU. RSVP by Wednesday, April 10: neville.kimberly@dorsey.com

Realizing the Dream: Equality for All, Law Day, May 1 - This year, Law Day will provide an opportunity to explore the movement for civil and human rights in America and the impact it has had in promoting the ideal of equality under the law; see law day. The Bar is calling for nominations for the 2013 Pro Bono Publico Awards to be presented at the Law Day celebration at the Little America Hotel. For information and a nomination form, please see awards; the deadline is March 15. The Salt Lake Tribune and Deseret News are publishing a special Law Day edition on April 28; please contact sean.toomey@utahbar.org for story ideas or Ken for advertising, kstowe@mediaoneutah.com or 801-204-6382.

Continuing E-News:

Modest Means Lawyer Referral Program - You can receive free client referrals from the Bar by offering clients with modest means a discounted rate (recommended maximum of $50 or $75 per hour depending on income); sign up at utahbar.org/modestmeans and plan on attending a free CLE on April 11 from 3 to 7 p.m. The Modest Means program targets middle-class people who can afford to pay something for legal services, but who may not realize how important a lawyer can be in many situations. This includes families of four making nearly $70,000 without excessive assets—teachers, fire fighters, and nurses—educated, stable people who could become good, long-term clients. You can provide full-representation to Modest Means clients, but you may consider limited-scope representation as an alternate entry point to people currently not using attorneys. Limited representation could start with a few-hour consultation that might be sufficient to launch a client successfully, but may also lead to additional work, such as document review, coaching for appearances, appearances, and, in some cases, full representation. The ABA just released a resolution to “…encourage practitioners, when appropriate, to consider limiting the scope of their representation as a means of increasing access to legal services;” visit americanbar.org/108.

2013 Summer Convention at Snowmass Village, July 17-20 - You can do it all in Snowmass this summer, and with lodging beginning at $99 a night, it can be the perfect working vacation. Learn the latest about your practice area (and earn CLE credit for the 2011-2013 reporting year), catch “mammoth” fever at the Snowmass Ice Age Discovery Center, hear Justice Scalia, and enjoy amazing GOLF, fly fishing, paragliding, four-wheeling, hot air ballooning, and river rafting with your colleagues and family. Snowmass/Aspen has consistently been rated the #1 resort in North America for dining. With nearly 100 restaurants to choose from, you'll find menus to please every palate. Registration will begin following the Spring Convention. Book your lodging and adventures early at Snowmass.

Odd Year Mandatory CLE (MCLE) Reporting Cycle (7/1/11 to 6/30/13) - Keep your skills sharp and stay in touch with your colleagues with Continuing Legal Education. Active Status Lawyers complying in 2013 need to complete a minimum of 24 hours of approved CLE, including at least three hours of accredited ethics, with one of the three in professionalism and civility. A minimum of twelve hours must be earned by attending live CLE presentations. A Certificate of Compliance needs to be submitted by July 31, see certificate. If you have questions, please visit utahbar.org/mcle or contact MCLE Director, sydnie.kuhre@utahbar.org, 801-297-7035 or MCLE Assistant, ryan.rapier@utahbar.org, 801-297-7034.

March CLE - See the Bar’s numerous CLE seminar offerings, including Ben Franklin on Ethics, utahbar.org/cle/events/ and the Section luncheons, section luncheons.

"Please let me know if you have a question or comment."

February 25, 2013

Notice of Approved Amendments to Utah Court Rules

The Supreme Court and Judicial Council have approved amendments to the following Utah court rules. The amendments are effective April 1, 2013, unless otherwise noted.

Summary of amendments
Code of Judicial Administration

CJA 04-0503. Mandatory electronic filing. Amend. Requires the electronic filer to use a personal identity with an e-filing interface, rather than someone else's. Will not prohibit a paralegal or administrative assistant from filing on an attorney’s behalf.

CJA 04-0508. Guidelines for ruling on a motion to waive fees. New. Establishes guidelines for ruling on a motion to waive fees. Requires use of court-approved forms.

CJA 11-0201. Senior judges. Amend. Removes reference to the Judicial Council's attorney survey for certification of senior judges.

Rules of Civil Procedure

URCP 005. Service and filing of pleadings and other papers. Amend. Requires a certificate of service appended to each document that has to be served. Permits the court to serve documents by email. Email to lawyers will be to the email address on file with the Utah State Bar.

URCP 010. Form of pleadings and other papers. Amend. Requires designation of the discovery tier in the caption of a claim. Requires a court-approved coversheet for counterclaims and cross claims as well as complaints.

URCP 011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Deletes a provision that conflicts with Rule 26(e). The consequence will be that the signature on disclosures, discovery requests and discovery responses is a certification under Rule 11.

URCP 026. General provisions governing disclosure and discovery. Amend. Changes the time for initial disclosures. Provides for timing of disclosure and discovery of rebuttal experts. Clarifies that disclosure and discovery documents must be served.

URCP 026.02. Disclosures in personal injury actions. Amend. Narrows the limitation on the further use of disclosures to Plaintiff’s Social Security number and Medicare health insurance claim numbers. In a committee note, describes the committee's intent regarding the scope of the rule.

URCP 037. Discovery and disclosure motions; Sanctions. Amend. Allows the court to enter sanctions if a motion for a protective order or motion to compel is denied.

URCP 105. Shortening 90 day waiting period in domestic matters. Amend. Changes the standard of "good cause" to "extraordinary circumstances" in keeping with Section 30-3-18.

Rules of Juvenile Procedure

URJP 020. Discovery generally. Amend. Provides that the financial disclosure requirements of the civil discovery rule does not apply in juvenile court unless ordered.

Rules of Small Claims Procedure

URSCP 003. Service of the affidavit. Amend. Permits a small claims affidavit and summons to be served by any method of personal service authorized by URCP 4. Allows alternative service in a small claims case.

How to view redline text of the approved amendments
To see the text and effective date of the amendments, click on this link to: http://www.utcourts.gov/resources/rules/approved/ and then click on the rule number. All amendments are effective on the dates indicated. Updated versions of the rules will be posted to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.

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