The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires March 19, 2008.
Summary of proposed amendments
Rules Governing the Utah State Bar
USB 14-1001. Petition to Amend Rule 14-1001.
USB 14-1001. IOLTA Amend. Clarifies the formula for determining whether the net income from investing client funds exceeds the cost of doing so. Directs the Utah Bar Foundation to determine whether an institution is eligible for deposits. Establishes the criteria to be an eligible
Rules of Appellate Procedure
URAP 03. Appeal as of right: how taken. Amend. States that a trial court clerk shall accept a notice of appeal even if the filing fee is not paid at that time. The fee must be paid within a reasonable time or the case might be dismissed.
URAP 37. Suggestion of mootness; voluntary dismissal. Amend. Requires a voluntary dismissal to be filed at least before the date that a decision is entered.
URAP 41. Certification of questions of law by United States courts. Amend. The proposed amendments state that, in certification cases, the rules of appellate procedure apply to the form of briefs and the proceedings on oral argument, except to the extent that the court notifies the parties differently.
Code of Judicial Administration
CJA 03-413. Judicial library resources. Amend. Deletes references to materials no longer published.
CJA 04-201. Record of proceedings. Amend Permits the judge to allow access to the digital recording otherwise designated as "notes."
CJA 04-203. Designating a case as historically significant. New. Establishes a process by which a person can request that a case be designated as historically significant. Records in historically significant cases will be retained permanently.
CJA 04-401. Media in the courtroom. Amend. Permits audio and video transmissions from the courtroom. Prohibits photographing documents and exhibits not in the public record. Clarifies that the judge can control areas adjacent to the courtroom without automatic restrictions.
CJA 06-601. The Board of District Court Judges. Amend. Prohibits a judge who is substituting for a Board member from making or voting on motions.
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. 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
POB 140241
Salt Lake City, Utah 84114-0241
One method of submitting a comment is sufficient.