The Supreme Court and Judicial Council have approved amendments to the following Utah Court rules.
Summary of Amendments
Rules Governing the Utah State Bar
USB 14-0405. MCLE requirements for lawyers on inactive status. Amend. Change date for MCLE compliance.
USB 14-0406. MCLE requirements for lawyers on active military duty. Amend. Change date for MCLE compliance.
USB 14-0407. MCLE requirements for lawyers on active emeritus status. Amend. Change date for MCLE compliance.
USB 14-0720. Qualifications for admission of house counsel applicants. Amend. Change date for MCLE compliance.
Rules of Civil Procedure
URCP 045. Subpoena. Amend. Permits a person affected by a subpoena to object.
URCP 103. Child support worksheets. Repeal. Eliminates the requirement that parties send a copy of their child support worksheet to the AOC.
Rules of Criminal Procedure
URCrP 27. Stays pending appeal from courts of record. Amend. The amendments remove courts not of record from the rule. The process for courts not of record will be in new rule 27A. The amendments also make structural changes to help clarify the process for seeking a stay.
URCrP 27A. Stays pending appeal from courts not of record. New. This is a new rule specifically directed at appellate stays in justice court proceedings. The rule creates 3 different processes depending on the type of judgment appealed. Judgments with no jail time are automatically stayed. A notice of appeal on a judgment of incarceration less than 30 days serves as an automatic motion for a stay. In cases involving a judgment of 30 days or more, a motion must be filed. A judgment for incarceration of 30 days are more. There is a presumption in favor of a stay.
URCrP 38. Appeals from Justice Court to District Court. Amend. The amendments provide more detail on the process for appealing justice court judgments. The amendments describe the contents of the notice of appeal, the duties of the justice court when transferring the case, and the duties of the district in handling the appeal.
Code of Judicial Administration
CJA 04-202.02. Records classification. Amend. Classifies as private the records in guardianship and conservatorship cases, except the order and letter of appointment. Classifies some select data elements as public or private.
CJA 04-202.03. Records access. Amend. Permit access to juvenile court records by the Department of Human Services.
CJA 04-202.09. Miscellaneous. Amend. Prohibits including non-public information in an otherwise public document. Specifies substitutes for personal identifying information.
CJA 04-509. Court-appointed parent coordinator. New. Establishes the role, qualifications and procedures of the parent coordinator.
CJA 04-906. Guardian ad litem program. Amend. Establishes the relationship between the Director, the Oversight Committee, attorneys, staff and volunteers. Clarifies the complaint, discipline and appeal process.
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, 2009, 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.