Utah State Bar News & Announcements

Rules of Criminal Procedure
URCrP 29. Disability and disqualification of a judge or change of venue. Amend. Clarify that judge is to take no action in a case after a motion to recuse has been filed. Effective: November 1, 2006.

Rules of Appellate Procedure

URAP 04. Appeal as of right: when taken. Amend. Creates a procedure to implement the directive in State v. Manning, 2005 UT 61, 122 P.3d 628. allowing a criminal defendant to have appeal rights reinstated, when the defendant has been deprived of the an appeal. Effective: November 1, 2006.
URAP 24. Briefs. Amend. Clarifies the briefs that are to be filed and the number of pages permitted in cases involving cross-appeals. A singled brief may not exceed 50 pages, and the combined total of a party's two briefs may not exceed 75 pages. Effective: November 1, 2006.
URAP 60. Judicial bypass appeals. New. Establishes an expedited procedure by which a minor can appeal denial or dismissal of a petition to bypass parental consent to an abortion. Effective May 1, 2006. Subject to further changes after the comment period.

Rules of Juvenile Procedure
URJP 16. Transfer of delinquency case for preliminary inquiry. Amend. Renumber according to Supreme Court protocol. Effective: November 1, 2006.
URJP 34. Pre-trial hearing in non-delinquency cases. Amend. Technical amendment. Effective: November 1, 2006.
URJP 37. Child protective orders. Amend. Technical amendment to conform to statute. Effective: November 1, 2006.
URJP 60. Judicial bypass procedure to authorize minor to consent to an abortion. New. Establishes an expedited procedure by which a minor can petition to bypass parental consent to an abortion. The amendment shown is effective May 10, 2006. The balance of the rule is effective May 1, 2006. Subject to further changes after the comment period.

Rules of Evidence
URE 0407. Subsequent remedial measures. Amend. Amend to conform to the Federal rule. Effective: November 1, 2006.

Rules of Professional Conduct
RPC01.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral. Amend. Amendment in conjunction with changes to RPC 2-4. Effective: November 1, 2006.
RPC02.04. Lawyer Serving as Third-Party Neutral. Amend. Provides what a lawyer serving as a mediator may and must do. Effective: November 1, 2006.

Rules Governing the Utah State Bar
Recodification Tracking Table. Renumbers all of the rules governing the Utah State Bar to conform with other Court rules. Amendments are intended to simplify and conform provisions without changing the substance of the existing rules. The summary table tracks the current rules into the renumbered rules and lists the new rule numbers and titles.
USB 14-0101 et seq. Integration and Management. Renumber and amend. Effective: November 1, 2006.
USB 14-0201 et seq. Bylaws. Renumber and amend. Effective: November 1, 2006
USB 14-0301 et seq. Standards of Professionalism and Civility. Renumber and amend. Effective: November 1, 2006.
USB 14-0401 et seq. Mandatory Continuing Legal Education. Renumber and amend. Effective: November 1, 2006.
USB 14-0501 et seq. Lawyer Discipline and Disability. Renumber and amend. Effective: November 1, 2006.
USB 14-0601 et seq. Standards for Imposing Lawyer Sanctions. Renumber and amend. Effective: November 1, 2006.
USB 14-0701 et seq. Admissions. Renumber and amend. Effective: November 1, 2006.
USB 14-0801 et seq. Special Practice Rules. Renumber and amend. Effective: November 1, 2006.
USB 14-0901 et seq. Lawyers' Fund for Client Protection. Renumber and amend. Effective: November 1, 2006.
USB 14-1001 et seq. IOLTA. Renumber and amend. Effective: November 1, 2006.
USB 14-1101 et seq. Fee Arbitration. Renumber and amend. Effective: November 1, 2006.

Code of Judicial Administration
CJA 03-406. Budget and fiscal management. Amend. Permit greater discretion in defining budget programs. Effective November 1, 2006.
CJA 03-414. Court security. Amend. Permit private security agents transporting money to be armed. Effective April 24, 2006.
CJA 04-202.08 Fees for records, information, and services. Amend. Reduces to cost per Xchange search after 200 searches from $.20 to $.10. Effective August 1, 2006. Approved as an expedited amendment under Rule 2-205. Subject to further change after the comment period.
CJA 04-404. Jury selection and service. Amend. Differentiates between excuse from jury service and postponement. Modifies the qualification process to enable qualifying on the web. Eliminates demographic information from the qualification questions. Deletes requirement that an excused juror be called in the next term. Effective November 1, 2006.
CJA 06-303. Collection of fines and restitution. Amend. Corrects references from Office of Recovery Services and Department of Corrections to Office of State Debt Collection. Effective November 1, 2006.
CJA 10-1-303. Parent-time enforcement mediation. New. To establish a policy regarding Expedited Parent-time Enforcement Pilot Program. Effective November 1, 2006.
CJA 10-1-501. Orders to show cause. New. The rule describes the process for requesting an order to show cause in the Fifth District Court. Effective November 1, 2006.
CJA 10-1-801. Fax filings. New. Prohibits most fax filings in the Eighth District Court.
CJA Appx F. Record Retention Schedule. Amend. Retain search warrants not associated with a case for five years. Effective November 1, 2006. Effective November 1, 2006.

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. Updated versions of the rules will be posed to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.