The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires November 21, 2007.
Summary of proposed amendments
Rules of Appellate Procedure
URAP 19. Extraordinary writs. Amend. The amendment eliminates the requirement of a separate memorandum in support of a response to a petition for extraordinary relief. Supporting authority can be included in the response document.
URAP 24. Briefs. Amend. In cases in which a party submits supplemental authority after briefing, the amendment allows the a party up to 350 words to explain why the supplemental authority is being submitted, and allows the other party 350 words to respond.
URAP 50. Brief in opposition; reply brief; brief of amicus curiae. Amend. The amendment eliminates the requirement that all parties consent to an amicus brief in certiorari cases. The parties may voice support for or opposition to amicus participation.
URAP 51. Disposition of petition for writ of certiorari. Amend. The amendment clarifies what must be included in briefs on a writ of certiorari, eliminating the requirement that the brief show that the issues were preserved in the trial court, and instead requiring that the brief was fairly included in the petition for a writ of certiorari.
Rules of Civil Procedure
URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner's order. Amend. Requires motion for the relief sought rather than motion for an order to show cause except to enforce an existing court order.
URCP 040. Scheduling and postponing a trial. Amend and Rename. Deletes obsolete requirement for a local rule to govern trial settings. Simplify text.
URCP 041. Dismissal of actions. Amend. Deletes obsolete reference to Rule 66.
URCP 101. Motion practice before court commissioners. Amend. Requires motion for the relief sought rather than motion for an order to show cause except to enforce an existing court order.
Rules of Criminal Procedure
URCrP 11. Pleas. Amend. Requires the court to notify a defendant convicted of a domestic violence misdemeanor in order to comply with federal law.
URCrP 22. Sentence, judgment and commitment. Amend. Requires the court to notify a defendant convicted of a domestic violence misdemeanor in order to comply with federal law.
Rules of Juvenile Procedure
URJP 05. Definitions. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 08. Rights of minor while in detention. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 15. Preliminary inquiry; informal adjustment without petition. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 16. Transfer of delinquency case for preliminary inquiry. Amend. Modifies terms "minor" and "child" to conform with statutes. Permits a receiving court to transfer a referral back to the original court if the minor fails to appear.
URJP 26. Rights of minors in delinquency proceedings. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 27. Fingerprinting, photographing, and regulating discovery; HIV testing. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 27A. Admissibility of statements given by minors. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 29A. Visual recording of statement or testimony of child victim or witness of sexual or physical abuse - Conditions of admissibility. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 31. Initiation of truancy proceedings. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 35. Initiation of truancy proceedings. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 37A. Visual recording of statement or testimony of child in abuse, neglect and dependency proceedings - Conditions of admissibility. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 44. Findings and conclusions. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 45. Pre-disposition reports and social studies. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 46. Disposition hearing. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 47. Reviews and modification of orders. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 54. Continuances. Amend. Modifies terms "minor" and "child" to conform with statutes.
URJP 56. Expungement. Amend. Modifies terms "minor" and "child" to conform with statutes.
Rules of Small Claims Procedure
URSCP 03. Service of the affidavit. Amend. Dismisses the action if service is not timely.
How to view redline text of the proposed amendments
To see proposed rule amendments and submit comments, click on this link to: http://www.utcourts.gov/resources/rules/comments/. Then click on the rule number.
How to submit comments
You can comment and view the comments of others by clicking on the "comments" link associated with each body of rules. It's more efficient for us if you submit comments through the website, and we encourage you to do so. After clicking on the comment link, you will be prompted for your name, which we request, and your email address and URL, which are optional. This is a public site, and, if you do not want to disclose your email address, omit it. Time does not permit us to acknowledge comments, but all will be considered.
Submit comments directly through the website or to:
Tim Shea
Email: tims@email.utcourts.gov Please include the comment in the message text, not in an attachment.
Fax: 801-578-3843
Administrative Office of the Courts
P.O. Box 140241
Salt Lake City, Utah 84114-0241
One method of submitting a comment is sufficient.