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Notice of Approved Amendments to Utah Court Rules

Summary of Amendments

Rules of Civil Procedures
URCP 005. Service and filing of pleadings and other papers. Amend. Describes when the attorney and party must be served if the attorney has entered a limited appearance. Effective Date: April 1, 2007.
URCP 017. Parties plaintiff and defendant. Amend. Limits the requirement that a minor appear by a guardian or guardian ad litem to an unemancipated minor.
URCP 074. Withdrawal of counsel. Amend. Establishes the procedures for withdrawing from a limited appearance. Effective Date: April 1, 2007.
URCP 075. Limited appearance. New. Establishes the procedures for entering a limited appearance when a client, under the rules permitting unbundling legal services, hires an attorney for a limited purpose. Effective Date: April 1, 2007.

Rules of Criminal Procedure
URCrP 24. Motion for new trial. Amend. The time for a motion will be 10 days after the sentence is entered, instead of after the sentence is orally pronounced. Effective Date: April 1, 2007.

Rules of Appellate Procedure
URAP 12. Transmission of the record. Amend. Creates a process for counsel in civil cases to check out the record from the trial court. Effective Date: April 1, 2007.
URAP 28A. Appellate Mediation Office. Amend. Restricts disclosure of all mediation communications and documents, except the written agreement. Effective Date: April 1, 2007.
URAP 30. Decision of the court: dismissal; notice of decision. Amend. States that copies of unpublished decisions need not be supplied, unless the decision was issued before October 1, 1998. Effective Date: April 1, 2007.
URAP 55. Petition on appeal. Amend. Clarifies that a colored cover isn't used in child welfare appeals. Effective Date: April 1, 2007.

Code of Judicial Administration
CJA 02-103. Open and closed meetings. Amend. Amend Council rules to incorporate changes to the Open and Public Meetings Act. Effective Date: April 1, 2007.
CJA 02-104. Recording meetings. Amend. Amend Council rules to incorporate changes to the Open and Public Meetings Act. Effective Date: April 1, 2007.
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 Date: August 1, 2006.
CJA 04-403. Signature stamp use. Amend. Permits a clerk to use the judge's signature stamp to approve an order accepting a plea in abeyance if no appearance is required by the Uniform Fine and Bail Schedule. Effective Date: April 1, 2007.
CJA 04-510. Alternative dispute resolution. Amend. The amendments will modify the training and experience necessary to qualify for the Utah State Roster of ADR Providers and to serve as a provider in divorce mediation. The amendments will provide for sanctions other than removal from the roster. The Uniform Mediation Act is added to the required reading for qualified training programs. Effective Date: April 1, 2007.
CJA 04-704. Authority of court clerks to extend payment schedule and dismiss citations. Amend. Changes from 14 days to 20 the time in which a clerk may dismiss charges for an automotive mechanical deficiency after the deficiency has been corrected. Effective Date: April 1, 2007.

Rules Governing the Utah State Bar
USB 14-718. Licensing of foreign legal consultants. Amend. Correct a cross reference. Effective Date: April 1, 2007.

Under its expedited rulemaking authority, the Supreme Court has approved amendments to the following Utah court rules. The amendments are effective when indicated but subject to further change after the comment period.

Summary of amendments

Rules of Criminal Procedure
URCrP 40. Search warrants. Amend. The changes incorporate procedural provisions from the Utah Code on search warrants. The changes also create procedures to implement the requirements of Anderson v. Taylor, 2006 UT 79. The rule requires a magistrate to retain search warrant documents from the time a search warrant is issued. The rule also addresses access to and sealing of search warrant files. Approved effective April 30, 2007 as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.

Rules of Juvenile Procedure
URJP 07 Warrants. Amend. The changes incorporate procedural provisions from the Utah Code on search warrants. The changes also create procedures to implement the requirements of Anderson v. Taylor, 2006 UT 79. The rule requires a judge to retain search warrant documents from the time a search warrant is issued. Approved effective April 30, 2007 as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.

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 April 1, 2007, unless otherwise indicated. 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.

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