Approved Rule Amendments
The Supreme Court has approved amendments to the following rules governing the Utah State Bar.
Summary of amendments
Amendments to establish a new lawyer training program.
USB 14-0402. Definitions.
USB 14-0404. Active status lawyers: MCLE, NLTP and admission on motion requirements.
USB 14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals.
USB 14-0417. Miscellaneous fees and expenses.
USB 14-0705. Admission on motion.
USB 14-0801. Definitions.
USB 14-0808. New lawyer training program.
The Supreme Court has approved amendments to the following rules governing the Utah State Bar. The amendments are effective January 1, 2009 as an expedited amendment under Rule 11-101(6)(F), but subject to further change after the comment period. The comment deadline is February 23, 2009.
Summary of amendments
Petition to modify rules governing mandatory continuing legal education. To adjust the MCLE compliance periods to conform to the Utah State Bar's licensing renewal periods.
USB 14-0404. Active status lawyers: MCLE, NLTP and admission on motion requirements.
USB 14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement.
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.
Comments to Proposed rule Amendments.
The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires February 23, 2009.
Summary of proposed amendments
Rules Governing the Utah State Bar
Petition to modify rules governing mandatory continuing legal education. To adjust the MCLE compliance periods to conform to the Utah State Bar's licensing renewal periods. The amendments are effective January 1, 2009 as an expedited amendment under Rule 11-101(6)(F), but subject to further change after the comment period.
USB 14-0404. Active status lawyers: MCLE, NLTP and admission on motion requirements.
USB 14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement.
Rules Governing the Utah State Bar
Petition to modify rules relating to the offices of president and president-elect. Standardize the requirements for a Commissioner to vacate his or her unexpired term when succeeding to the office of President. Provide for the event that the Commission is unable to nominate two candidates for the office of President-elect to run in a contested election.
USB 14-0103. Organization and management of the Bar.
USB 14-0205. Board.
USB 14-0206. Officers.
Rules of Civil Procedure
URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner’s order. Amend. Move process for objecting to a commissioner's recommendation from Rule 7 to Rule 101.
URCP 101. Motion practice before court commissioners. Amend. Move process for objecting to a commissioner's recommendation from Rule 7 to Rule 101.
Rules of Appellate Procedure
URAP 19. Extraordinary writs. Amend. The amendment will require a petitioner seeking extraordinary relief to state whether interlocutory appeal was sought, and if so, the results of the petition.
URAP 25. Brief of an amicus curiae or guardian ad litem. Amend. The proposal establishes specific deadlines for filing a brief of an amicus curiae.
URAP 37. Suggestion of mootness; voluntary dismissal. Amend. The amendments clarify that a suggestion of mootness should be filed only when one or more, but less than all, of the issues have become moot. If all the issues are moot, a motion for voluntary dismissal must be filed. The amendments also establish a pr
URAP 38. Substitution of counsel. Amend. The amendments clarify the process for substituting a party when a party becomes incompetent or for other causes.
URAP 49. Petition for writ of certiorari. Amend. A petition of writ of certiorari shall include references to the record on appeal or to the opinion of the Court Appeals, rather than referring to both sources.
URAP 50. Brief in opposition; reply brief; brief of an amicus curiae. Amend. The proposal establishes a more detailed process for submitting a proposed amicus brief, including the contents of the brief and deadlines.
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.