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December 18, 2012

Notice of Proposed Amendments to Utah Court Rules

Summary of proposed amendments
Rules of Criminal Procedure
URCrP 007. Proceedings before magistrate. Amend. Authorizes a magistrate to issue a material witness warrant at the same time bail is fixed.
URCrP 040. Search warrants. Amend. Makes all sealed search warrants public after six months. The prosecutor or law enforcement officer may apply for additional six month sealing periods.
Code of Judicial Administration
CJA 04-0503. Mandatory electronic filing. Amend. Requires the electronic filer to use a personal identity with an e-filing interface, rather than someone else's.
CJA 04-0508. Guidelines for ruling on a motion to waive fees. New. Establishes guidelines for ruling on a motion to waive fees. Requires use of court-approved forms.
CJA 11-0201. Senior judges. Amend. Removes reference to the Judicial Council's attorney survey for certification of senior judges.

Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

November 19, 2012

NOMINEES ANNOUNCED FOR WEST VALLEY CITY JUSTICE COURT VACANCY

West Valley, UT - The Salt Lake County Nominating Commission has selected four nominees for a vacancy at the West Valley City Justice Court. The position will replace Judge Keith Stoney who is retiring Dec. 31, 2012.
Following are the nominees followed by place of employment and residence:
• Clint Gilmore, Assistant Chief Prosecutor, West Valley City
• Honorable Sydney Magid, Salt Lake City Justice Court Judge, Salt Lake City
• Janet Miller, attorney, Holladay
• Narda Baes-Nordell, Deputy District Attorney, Salt Lake City
A comment period will be held through Nov. 26, 2012, before a final candidate is selected by West Valley City Manager Wayne Pyle, who has 30 days to make an appointment, which is subject to ratification by the West Valley City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Holly Frischknecht, Administrative Office of the Courts, hollyf@utcourts.gov.

October 22, 2012

Meeting Set to Select Justice Court Judges

JUSTICE COURT JUDICIAL NOMINATING COMMISSION SELECTION MEETING PLANNED
Lehi, UT---The Utah County Judicial Nominating Commission has scheduled a meeting on Nov. 15, 2012, to select candidates for the Saratoga Springs Justice Court and the Lehi Justice Court.

The Saratoga Springs vacancy is to replace Judge Keith Stoney and the Lehi vacancy is to replace Judge Paul Farr, both of whom are leaving Dec. 31, 2012. The commission will begin meeting at 9:00 a.m. at the Lehi City Building, 3600 153 North 100 East.
The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and refinements or improvements to the system. Public comments are being accepted from 9:15 a.m. to 9:45 a.m. Following the public hearing, the meeting is closed to allow commission members to select a slate of three to five candidates for each vacancy.

Individuals interested in appearing before the commission should contact Holly Frischknecht at (435) 750-1325 to request an appointment. Information on the Justice Court Nominating Commission members is available at www.utcourts.gov.

October 16, 2012

JUSTICE COURT JUDICIAL NOMINATING COMMISSION SELECTION MEETING PLANNED

October 16, 2012
Contact: Nancy Volmer
(801) 578-3994

Lehi, UT---The Utah County Judicial Nominating Commission has scheduled a meeting on Nov. 15, 2012, to select candidates for the Saratoga Springs Justice Court and the Lehi Justice Court.

The Saratoga Springs vacancy is to replace Judge Keith Stoney and the Lehi vacancy is to replace Judge Paul Farr, both of whom are leaving Dec. 31, 2012. The commission will begin meeting at 9:00 a.m. at the Lehi City Building, 3600 153 North 100 East.

The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and refinements or improvements to the system. Public comments are being accepted from 9:15 a.m. to 9:45 a.m. Following the public hearing, the meeting is closed to allow commission members to select a slate of three to five candidates for each vacancy.

Individuals interested in appearing before the commission should contact Holly Frischknecht at (435) 750-1325 to request an appointment. Information on the Justice Court Nominating Commission members is available at www.utcourts.gov.

August 3, 2012

Notice of Proposed Amendments to Utah Court Rules

The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires September 21, 2012.

Summary of proposed amendments

Code of Judicial Conduct Amend. Provides a definition of a full-time judge.

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

Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

Notice of Approved Amendments to Utah Court Rules

The Supreme Court has approved amendments to the following Utah court rules. The amendments are effective November 1, 2012.

Summary of amendments

URJP 020A. Discovery in non-delinquency proceedings. Amend. Changes comport with the new civil discovery rules and to clarify that the Rule of Civil Procedure regarding subpoenas applies generally in juvenile court and is not limited to depositions on oral questions.

URJP 023. Hearing to waive jurisdiction and certify under Section 78A-6-703; bind over to district court. Amend. Technical change.

URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Technical change.

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 on the dates indicated. Updated versions of the rules will be posted to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.

July 9, 2012

Notice of Proposed Amendments to Utah Court Rules

The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. Due to a technical error in notifying lawyers of the opportunity to comment on these rules, the comment period has been extended to August 24, 2012.

Summary of proposed amendments

Rules of Civil Procedure
URCP 010. Form of pleadings and other papers. Amend. Requires designation of the discovery tier in the caption of a claim. Requires a court-approved coversheet for counterclaims and cross claims as well as complaints. Requires that a lawyer's contact information on a paper be the same as on file with the Utah State Bar.
URCP 011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Deletes a provision that conflicts with Rule 26(e). The consequence will be that the signature on disclosures, discovery requests and discovery responses is a certification under Rule 11.
URCP 026. General provisions governing disclosure and discovery. Amend. Changes the time for initial disclosures. Provides for timing of disclosure and discovery of rebuttal experts. Clarifies that disclosure and discovery documents must be served.
URCP 026.02. Disclosures in personal injury actions. Amend. Narrows the limitation on the further use of disclosures to Plaintiff’s Social Security number and Medicare health insurance claim numbers. In a committee note, describes the committee's intent regarding the scope of the rule.
URCP 037. Discovery and disclosure motions; Sanctions. Amend. Allows the court to enter sanctions if a motion for a protective order or motion to compel is denied.
URCP 105. Shortening 90 day waiting period in domestic matters. Amend. Changes the standard of "good cause" to "extraordinary circumstances" in keeping with Section 30-3-18.

Code of Judicial Administration
CJA 02-0204. Local supplemental rules. Amend. Modifies the process by which local rules are approved.
CJA 03-0202. Court referees. Amend. In conjunction with Rule 4-704, prohibits courts from appointing court referees by whatever title, and permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
CJA 04-0202.01. Definitions. Amend. Excludes from the definition of a "record" documents prepared or received by a person in the person's private capacity and documents that do not relate to the public's business.
CJA 04-0202.02. Records classification. Amend. Removes investigative subpoenas from the list of protected records. Section 77-22-2 will regulate access to investigative subpoenas. Changes the classification of PSI reports from private to protected. Designates additional circumstances in which the name of a minor is public. Classifies as "protected" records subject to the attorney client privilege.
CJA 04-0202.03. Records access. Amend. Clarifies who has access to a private or a protected court record.
CJA 04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Amend. Permits releasing non-public records for research purposes if the interests favoring the research are greater than or equal to the interests favoring closure.
CJA 04-0401.01. Electronic media coverage of court proceedings. New. Replaces Rule 4-401. Permits electronic media coverage of any public court hearing. Describes application and approval process. Establishes factors for denying electronic media coverage. Describes limits.
CJA 04-0401.02. Possession and use of portable electronic devices. New. Permits possession and use of portable electronic devices in courthouses. Allows judge to restrict use in courtrooms.
CJA 04-0405. Juror and witness fees and expenses. Amend. Requires prosecutors to certify to the number of miles for which a witness is entitled to payment.
CJA 04-0704. Authority of court clerks. Amend. Permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
CJA 06-0401. Domestic relations commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.
CJA 07-0102. Duties and authority of Juvenile Court Commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.

Rules Governing the Utah State Bar
USB 14-0504. OPC counsel. Amend. The amendment proposes a slightly broader safe harbor for attorneys who rely on ethics advisory opinions.

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.
After submitting your comment on the webpage, you probably will get an error message, but your comment has been delivered to a buffer, and I will publish it at the earliest opportunity.

Submit comments directly through the website or to:
Tim Shea
Email: tims@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.

June 27, 2012

Notice of Proposed Amendments to Utah Court Rules

The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires August 14, 2012.

Summary of proposed amendments

Rules of Civil Procedure
URCP 010. Form of pleadings and other papers. Amend. Requires designation of the discovery tier in the caption of a claim. Requires a court-approved coversheet for counterclaims and cross claims as well as complaints. Requires that a lawyer's contact information on a paper be the same as on file with the Utah State Bar.
URCP 011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Deletes a provision that conflicts with Rule 26(e). The consequence will be that the signature on disclosures, discovery requests and discovery responses is a certification under Rule 11.
URCP 026. General provisions governing disclosure and discovery. Amend. Changes the time for initial disclosures. Provides for timing of disclosure and discovery of rebuttal experts. Clarifies that disclosure and discovery documents must be served.
URCP 026.02. Disclosures in personal injury actions. Amend. Narrows the limitation on the further use of disclosures to Plaintiff’s Social Security number and Medicare health insurance claim numbers. In a committee note, describes the committee's intent regarding the scope of the rule.
URCP 037. Discovery and disclosure motions; Sanctions. Amend. Allows the court to enter sanctions if a motion for a protective order or motion to compel is denied.
URCP 105. Shortening 90 day waiting period in domestic matters. Amend. Changes the standard of "good cause" to "extraordinary circumstances" in keeping with Section 30-3-18.

Code of Judicial Administration
CJA 02-0204. Local supplemental rules. Amend. Modifies the process by which local rules are approved.
CJA 03-0202. Court referees. Amend. In conjunction with Rule 4-704, prohibits courts from appointing court referees by whatever title, and permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
CJA 04-0202.01. Definitions. Amend. Excludes from the definition of a "record" documents prepared or received by a person in the person's private capacity and documents that do not relate to the public's business.
CJA 04-0202.02. Records classification. Amend. Removes investigative subpoenas from the list of protected records. Section 77-22-2 will regulate access to investigative subpoenas. Changes the classification of PSI reports from private to protected. Designates additional circumstances in which the name of a minor is public. Classifies as "protected" records subject to the attorney client privilege.
CJA 04-0202.03. Records access. Amend. Clarifies who has access to a private or a protected court record.
CJA 04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Amend. Permits releasing non-public records for research purposes if the interests favoring the research are greater than or equal to the interests favoring closure.
CJA 04-0401.01. Electronic media coverage of court proceedings. New. Replaces Rule 4-401. Permits electronic media coverage of any public court hearing. Describes application and approval process. Establishes factors for denying electronic media coverage. Describes limits.
CJA 04-0401.02. Possession and use of portable electronic devices. New. Permits possession and use of portable electronic devices in courthouses. Allows judge to restrict use in courtrooms.
CJA 04-0405. Juror and witness fees and expenses. Amend. Requires prosecutors to certify to the number of miles for which a witness is entitled to payment.
CJA 04-0704. Authority of court clerks. Amend. Permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
CJA 06-0401. Domestic relations commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.
CJA 07-0102. Duties and authority of Juvenile Court Commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.

Rules Governing the Utah State Bar
USB 14-0504. OPC counsel. Amend. The amendment proposes a slightly broader safe harbor for attorneys who rely on ethics advisory opinions.

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.

After submitting your comment on the webpage, you probably will get an error message, but your comment has been delivered to a buffer, and I will publish it at the earliest opportunity.

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.

June 26, 2012

Notice of Approved Amendments to Utah Court Rules

The Supreme Court and Judicial Council have approved amendments to the following Utah court rules. The amendments are effective as indicated. Please note that Rule 4-503, requiring pleadings and other papers in civil cases to be filed electronically, is effective July 1, 2012, but the e-filing mandate for civil cases other than probate is April 1, 2013. The e-filing mandate for probate cases is July 1, 2013.

Summary of amendments

Rules of Civil Procedure
URCP 025. Substitution of parties. Amend. Clarifies that the notice of hearing on a motion to substitute parties must be served with the motion if the hearing has been scheduled by the time the motion is served. Effective: 11/1/2012
URCP 083. Vexatious litigants. New. Establishes the standards and procedures for declaring a person to be a vexatious litigant. Establishes management of cases involving vexatious litigants. Effective: 11/1/2012

Code of Judicial Administration
CJA 03-0301. Court administrators. Amend. Modifies responsibilities to reflect duties. Effective: 11/1/2012
CJA 03-0410. Automated information resource management. Amend. Modifies responsibilities to reflect duties. Effective: 11/1/2012
CJA 04-0202.08. Fees for records, information, and services. Amend. Establishes a fee of $5.00 to email a document. Prohibits the court from emailing a document available on xChange. Effective: 11/1/2012
CJA 04-0501. Expedited jury trial. New. Implements the pilot program as directed by HB 349 (2011) and HB 204 (2012). Effective: 7/1/2012
CJA 04-0503. Mandatory electronic filing. New. Requires that documents in district court civil cases, excluding probate cases, be filed electronically effective April 1, 2013. Probate cases to be filed electronically effective July 1, 2013. Provides for exceptions. Effective: 7/1/2012
CJA 06-0401. Domestic relations commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.
CJA 07-0102. Duties and authority of Juvenile Court Commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to 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 on the dates indicated. Updated versions of the rules will be posted to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.

June 23, 2012

Notice of Approved Amendments to Utah Court Rules

The Supreme Court has approved amendments to the following Utah court rules. Standing Order 07 is effective June 12, 2012. Rules 14-0510 and 14-0515 are effective June 30, 2012. Everything else is effective June 13, 2012.

Summary of amendments

Supreme Court Standing Order 07. As to establishment of a program of professionalism counseling for members of the Utah State Bar

USB 14-0510. Prosecution and appeals. Amend. Allows OPC to refer matters to the Professionalism Counseling Board established pursuant to Supreme Court Standing Order No. 7. Allows OPC to appeal screening panel determinations and recommendations. Authorizes the chair of the Ethics & Discipline Committee to increase a sanction imposed by a screening panel. Provides that a judicial officer's failure to address or report alleged attorney misconduct is not evidence that misconduct has or has not occurred. Establishes that a screening panel's involvement in the diversion process ceases once the material terms of a diversion contract have been agreed to.
USB 14-0515. Access to disciplinary information. Amend. Allows direct communication between OPC, members of the Ethics and Discipline Committee and the Professionalism Counseling Board.

Substantive and technical amendments to multiple rules to adopt the Uniform Bar Exam in Utah:
USB 14-0701. Definitions.
USB 14-0702. Board - general powers.
USB 14-0703. Qualifications for admission of Student and Foreign Law School Applicants.
USB 14-0704. Qualifications for admission of Attorney Applicants.
USB 14-0705. Admission by Motion.
USB 14-0706. Test accommodations.
USB 14-0707. Application; deadlines; withdrawals; postponements and fees.
USB 14-0708. Character and fitness.
USB 14-0709. Application denial.
USB 14-0710. Administration of the Bar Examination.
USB 14-0711. Grading and passing of the Bar Examination.
USB 14-0712. Qualifications for admission based on UBE.
USB 14-0713. MPRE.
USB 14-0714. Unsuccessful Applicants: disclosure and right of inspection.
USB 14-0715. Bar Examination appeals.
USB 14-0716. License fees; enrollment fees; oath and admission.
USB 14-0717. Readmission after resignation or disbarment of Utah attorneys.
USB 14-0718. Licensing of Foreign Legal Consultants. Renumber from 14-805 and amend.
USB 14-0719. Qualifications for admission of House Counsel Applicants. Renumber from 14-720 and amend.
USB 14-0720. Confidentiality. Renumber from 14-719 and amend.
USB 14-0805. Reserved. Reserved.

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 on the dates indicated. Updated versions of the rules will be posted to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.

May 3, 2012

Notice of Amendments to Utah Court Rules

The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires June 19, 2012.

Summary of proposed amendments

Rules of Criminal Procedure

URCrP 027A. Stays pending appeal from a court not of record- appeals for a trial de novo. New. Governs the procedures for stays pending the appeal of a final decision in a justice court. Does not apply to DUI cases. Includes circumstances in which a stay may be denied. Sets forth the conditions that a justice court may impose as a part of the stay. Effective on the same day as S.B. 214, the legislation that prompted this rule. Effective May 7, 2012 under Rule 11-105(5). Subject to change after the comment period.

URCrP 027B. Stays pending appeal from a court not of record- hearings de novo, DUI, and reckless driving cases. Renumber Rule 27A and amend. Applies in DUI cases and appeals of hearings de novo. Contains essentially the same criteria that existed in previous Rule 27A. Effective on the same day as S.B. 214, the legislation that prompted this rule. Effective May 7, 2012 under Rule 11-105(5). Subject to change after the comment period.

Rules of Juvenile Procedure

URJP 020A. Discovery in non-delinquency proceedings. Amend. Changes comport with the new civil discovery rules and to clarify that the Rule of Civil Procedure regarding subpoenas applies generally in juvenile court and is not limited to depositions on oral questions.
URJP 023. Hearing to waive jurisdiction and certify under Section 78A-6-703; bind over to district court. Amend. Technical change.
URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Technical change.

Code of Judicial Administration

CJA 04-0409. Council approval of Problem Solving Courts. Amend. Regulates ex parte communication in problem solving courts, as recognized by the Code of Judicial Conduct and consistent with the signed agreement.

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.

After submitting your comment on the webpage, you probably will get an error message, but your comment has been delivered to a buffer, and I will publish it at the earliest opportunity.

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.

March 19, 2012

Bluffdale City Justice Court Judicial Vacancy Posted

Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545

BLUFFDALE CITY JUSTICE COURT JUDICIAL VACANCY POSTED

Bluffdale, Utah—Applications are being accepted for a Justice Court judge position in Bluffdale. The position will replace Judge Darwin Poulsen who is resigning May 1, 2012.

To be considered for the position, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of the county in which the court is located—or an adjacent county—for at least six months.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website. The annual salary range for the part-time position is between $11,233 and $20,219, without benefits. For additional information, contact Mark Reid, Bluffdale City manager, at (801) 254-2200.

The deadline for applications is March 15, 2012 at 5 p.m. and should be sent to the attention of Shari Veverka, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT 84114-0241 or faxed to (801) 578-3843. For more information, e-mail shariv@email.utcourts.gov or call (801) 578-3844.

Utah law requires that a local county Justice Court Nominating Commission be created with representatives appointed from the county commission, the municipalities, and the local Bar Association. The Salt Lake County Nominating Commission is tasked with submitting three to five names to Bluffdale City Mayor Derk Timothy for consideration. The appointment is subject to confirmation by the Bluffdale City Council and certification by the Utah Judicial Council.

January 23, 2012

Notice of Approved Amendments to Utah Court Rules

The Judicial Council has approved amendments to the following Utah court rules. The amendments are effective April 1, 2012, unless otherwise noted.

Summary of amendments

    CJA 03-0101. Judicial performance standards. New. Establishes standards of performance for minimum education and cases under advisement for application by the Judicial Performance Evaluation Commission. Effective October 24, 2011.

    CJA 04-0202.02. Records classification. Amend. Modifies records to be classified as sealed, private or protected. Identifies record series by casetype to be classified as sealed or private.

    CJA 04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. Amend. Moves from Rule 4-202.02 to this rule descriptions of records that require judicial approval to classify as non-public.

    CJA 04-0202.09. Miscellaneous. Amend. Requires a person filing a record with the court to identify the record as non-public if it qualifies as non-public.

    CJA 04-0704. Authority of court clerks to extend payment schedule and dismiss citations. Amend. Allows clerks to dismiss citations as permitted in the Uniform Fine/Bail Schedule.

    CJA 04-0907. Mandatory divorce education. Amend. Simplifies policy on access to divorce orientation courses and divorce education courses.

    CJA 06-0401. Domestic relations commissioners. Amend. Makes amendments to conform to Rule of Civil Procedure 108.

    CJA 06-0601 Mental health commissioners. Amend. Makes amendments to conform to Rule of Civil Procedure 108.

    CJA Appendix I. Summary of Classification of Court Records. New. Summarizes the classification of record series by casetype.

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 on the dates indicated. Updated versions of the rules will be posted to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.

December 20, 2011

Notice of Proposed Amendments to Utah Court Rules

Summary of proposed amendments:

Rules Governing the Utah State Bar

USB 14-0503. Ethics and Discipline Committee.
Amend. Adds a vice chair to the Ethics and Discipline Committee and establishes a screening panel member removal process.

USB 14-0510. Prosecution and appeals.
Amend. Provides that a judicial officer's failure to address or report alleged attorney misconduct is not evidence that misconduct has or has not occurred. Establishes that a screening panel's involvement in the diversion process ceases once the material terms of a diversion contract have been agreed to.

USB 14-0533. Diversion. Amend.
Provides that OPC, as secretary to the screening panel, memorializes the diversion contract.

Petition to Create Ethics Advisory Opinion Safe Harbor. USB 14-0504.
OPC counsel. Amend. Prohibits OPC from prosecuting a lawyer for an act expressly authorized by an ethics advisory opinion. Provides that a court is not bound by an the interpretation of an ethics advisory opinion. Permits OPC to request that the ethics advisory opinion committee review, modify or withdraw an ethics advisory opinion. Permits OPC to request that the supreme court review, affirm, reverse or modify an ethics advisory opinion.

Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

September 20, 2011

Notice of Approved Amendments to Utah Court Rules

The Judicial Council has approved amendments to the following Utah court rules. The amendments are effective November 1, 2011.

Summary of amendments

CJA 04-0613.Jail prisoner transportation. Amend. Amends the rule to conform to a new agreement between the courts and counties.
CJA Appendix B. Justice Court Standards For Recertification. Amend. Establishes standards for recording equipment in the justice court.

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 on the dates indicated. Updated versions of the rules will be posted to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.

September 7, 2011

Nominee Named To Fill Salt Lake City Justice Court Vacancy

Salt Lake City, UT—Salt Lake City Mayor Ralph Becker has announced the appointment of Catherine E. Roberts to fill a vacancy on the Salt Lake City Justice Court. The position replaces Judge Holly M Barringham who resigned July 29, 2011.

Roberts received a Bachelor of Arts degree from Smith College in Northhampton, Mass. and a Juris Doctorate from the University of Utah College of Law. She is the recipient of the Edward Spurgeon Public Service Fellowship, the David T. Lewis Clinical Award and Leary Scholarship.

Roberts is a trial attorney with the Salt Lake Legal Defender Association (LDA) where she has worked for the past eight years to represent indigent clients in felony and misdemeanor cases in Salt Lake County. She currently serves as the LDA attorney at the West Jordan Felony Drug Court. In addition, Roberts is an editor of the Utah Bar Journal, a small claims judge, and a mentor for the Utah State Bar’s New Lawyer Training Program.

Robert’s appointment to the bench is subject completion of the court’s new judge orientation and certification by the Utah Judicial Council.

# # #
Nancy Volmer
Public Information Office
Utah State Courts
nancyv@email.utcourts.gov
(801) 578-3994

August 31, 2011

Notice of Approved Amendments to Utah Court Rules

The Supreme Court has approved amendments to the following Utah court rules. PLEASE NOTE THAT THERE ARE EXTENSIVE CHANGES TO THE CIVIL DISCLOSURE AND DISCOVERY RULES. The amendments are effective for all cases filed on or after November 1, 2011.

Summary of amendments

URCP 001. General provisions.
URCP 008. General rules of pleadings.
URCP 009. Pleading special matters.
URCP 016. Pretrial conferences.
URCP 026. General provisions governing disclosure and discovery.
URCP 026.01. Disclosure in domestic relations actions.
URCP 029. Stipulations regarding disclosure and discovery procedure.
URCP 030. Depositions upon oral questions.
URCP 031. Depositions upon written questions.
URCP 033. Interrogatories to parties.
URCP 034. Production of documents and things and entry upon land for inspection and other purposes.
URCP 035. Physical and mental examination of persons.
URCP 036. Request for admission.
URCP 037. Discovery and disclosure motions; Sanctions.
URCP 054. Judgments; costs.

How to view redline text of the approved amendments

To see the text 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 posted to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.

June 27, 2011

Justice Court Vacancy in Salt Lake City posted

FOR IMMEDIATE RELEASE
June 27, 2011
Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545

SALT LAKE CITY JUSTICE COURT JUDICIAL VACANCY POSTED

Salt Lake City, Utah—Applications are being accepted for a Justice Court judge position in Salt Lake City. The position will replace Judge Holly M. Barringham who is resigning effective July 29, 2011.

To be considered for the position, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of the county in which the court is located—or an adjacent county—for at least six months.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website. The annual salary range for the part-time position is between $33,038 and $59,468. For benefits information, contact Jessica Weaver, Salt Lake City Corporation senior human resources consultant, at (801) 535-6615.

The deadline for applications is July 11, 2011 at 5 p.m. and should be sent to the attention of Shari Veverka, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT 84114-0241 or faxed to (801) 578-3843. For more information, e-mail shariv@email.utcourts.gov or call (801) 578-3844.

Utah law requires that a local county Justice Court Nominating Commission be created with representatives appointed from the county commission, the municipalities, and the local Bar Association. The Salt Lake County Nominating Commission is tasked with submitting three to five names to Salt Lake City Mayor Ralph Becker for consideration. The appointment is subject to confirmation by the Salt Lake City Council and certification by the Utah Judicial Council.

# # #

Nancy Volmer
Public Information Office
Utah State Courts
nancyv@email.utcourts.gov
(801) 578-3994
(801) 712-4545
Fax: (801) 578-3843
www.utcourts.gov
Ensuring Justice for All.

May 3, 2011

Notice of Proposed Amendments to Utah Court Rules

The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires June 21, 2011.

Summary of proposed amendments

The Civil Rules Committee has been working on extensive amendments to the rules, and particularly the discovery rules, in an effort to reduce the cost and delay of civil litigation. The draft rules were informally published in June 2010, and members of the committee met with lawyers and judges throughout the state to explain the rules and seek comments and suggestions. The informal comment period ended in December 2010.

Since then, the committee has reviewed and discussed all comments, and the draft rules were revised in response to some of them. The most significant changes were to specify “tiers” of standard discovery based on the amount at issue in the litigation and to provide parties with the choice of receiving a report from an opposing expert, or taking a 4-hour deposition of the opposing expert.

The draft rules are now being officially published, and comments will be accepted during the 45-day comment period. The committee will consider all comments received, make further changes to the rules if warranted, and then send its recommendations to the Supreme Court.

Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

November 23, 2010

Notice of Proposed Amendments to Utah Court Rules

The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires January 12, 2011.

Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

January 29, 2010

Notice of Proposed Amendments to Utah Court Rules and Proposed Increase in Bar Licensing Fees

The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires March 16, 2010.

Summary of proposed amendments

Continue reading "Notice of Proposed Amendments to Utah Court Rules and Proposed Increase in Bar Licensing Fees" »

November 16, 2009

Notice of Proposed Amendments to Utah Court Rules

The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period for URAP 15 expires December 7, 2009, and the comment period for Rule 4-404 and the Petition to Increase Bar Admission Fees expires January 4, 2010.

Summary of proposed amendments

Petition to Increase Bar Admission Fees.
There are no rule changes involved, but the Supreme Court invites comments on this proposal.

Code of Judicial Administration
CJA 04-0404. Jury selection and service. Amend. Provide for biannual jury analysis to the Judicial Council in October rather than August.

Rules of Appellate Procedure
URAP 15. Petitions for review in tax cases. New. Provides for stay of a tax appeal in the Supreme Court if case is also before the district court on a petition for judicial review. This rule is being published for comment for a second time after substantial revisions. In order for the Supreme Court to act before the end of the year, the comment period closes December 7, 2009.

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.

July 13, 2009

Foreclosure "Rescue" Scheme

HAVE YOU OR HAS SOMEONE YOU KNOW BEEN THE VICTIM OF A FORECLOSURE "RESCUE" SCHEME?

The Office of the United States Trustee would like to know if you or someone you know has been the victim of a homeowner or foreclosure "rescue" scheme. Such schemes take many forms but promise desperate homeowners the ability to avoid foreclosure by various means. Such schemes often involve:

  • A transfer or "sale" of the home, or a fractional interest in the home, to "investors" or others who may not even know they have received an interest in the home.

  • The "rescuer" promises the homeowner that the homeowner will not lose the home.

  • The structure may be a sale with a leaseback where the homeowner is assured of lower monthly payments.

  • The rescuer might secretly refinance the home to draw out and keep all cash equity.

  • The homeowner makes "rent" payments to the rescuer, but the rescuer keeps the payments instead of making payments to keep the home.

  • High fees are charged to the homeowners. The fees NEVER go toward the mortgage.

  • Often the homeowner is placed into bankruptcy to delay the original foreclosure or the foreclosure on the refinanced mortgage. The homeowner may not know that they have been placed into bankruptcy.
  • Sadly, too many homeowners only learn they have been victims of a "rescue" scheme when they are facing eviction.

    If you or someone you know has been the victim of a foreclosure "rescue" scheme, please contact the Office of the United States Trustee at 405 S. Main Street, Suite 300, Salt Lake City, Utah 84111 (801) 524-5734 or through the Bankruptcy Fraud Hotline at USTP.Bankruptcy.Fraud@usdoj.gov.

    April 27, 2009

    Email Collections Scam Targeting Attorneys

    Below is a warning we received from an attorney at a local bank that we thought would be of concern to you. I have checked and confirmed that this collections assistance scam has made the rounds nationally for a while and is now starting to show up in Utah. One special point in this scam is that the name used as the sending attorney is often a legitimate attorney in another state.

    Our thanks go out to the attorney that brought this to our attention with the following message:

    Continue reading "Email Collections Scam Targeting Attorneys" »

    March 31, 2009

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires May 19, 2009.

    Summary of proposed amendments

    Rules Governing the Utah State Bar
    USB14-0203. License categories. Specify that to qualify for the "active, under 3 years" category means to have practiced less than 3 years in any jurisdiction.
    USB14-0507. Roster of lawyers and current record information. Require the Bar to collect, maintain and have ready access to a lawyer's e-mail address. Lawyer could still designate the e-mail address as private.


    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.

    February 24, 2009

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires April 14, 2009.

    Summary of proposed amendments

    Audio Records of Hearings; Transcripts
    The Judicial Council proposes the following amendments to the Code of Judicial Administration as part of its responsibility under Section 78A-2-405 to govern the manner in which the courts maintain the verbatim record of hearings. The Supreme Court proposes the following amendments to the Rules of Civil and Appellate Procedure governing the preparation of transcripts.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    February 20, 2009

    Utah Appellate Court Nominating Commission Vacancies

    The Bar is seeking applications from lawyers to serve on the Utah Appellate Court Nominating Commission. The Commission nominates judges to fill vacancies on the Utah Supreme Court and the Utah Court of Appeals. Two lawyers are appointed by the Governor from a list of six nominees provided by the Bar. Please submit resumes to John C. Baldwin, Executive Director, by e-mail at john.baldwin@utahbar.org , or by mail at 645 South 200 East, Salt Lake City, UT 84111. Please identify your political party or indicate if you are politically independent. Resumes must be received by Monday, March 2nd, 2009.

    February 19, 2009

    Notice of Approved Amendments to Utah Court Rules

    The Judicial Council has approved amendments to the following Utah court rules.

    Summary of amendments

    Rules of Juvenile Procedure
    URJP 09. Detention hearings; scheduling; hearing procedure. Amend. Specifies time for review of different types of pre-disposition orders.
    URJP 25. Pleas. Amend. Modifies the findings needed to accept a plea.

    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.

    February 6, 2009

    Notice of Approved Amendments to Utah Court Rules

    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.

    Continue reading "Notice of Approved Amendments to Utah Court Rules" »

    January 7, 2009

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires February 25, 2009.

    Summary of proposed amendments

    Rules Governing the Utah State Bar
    Petition to shorten voting period for commission elections from 30 to 15 days.
    USB 14-0205. Board. Exhibit A.
    USB 14-0206. Officers. Exhibit B.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    January 5, 2009

    Notice of Approved and Proposed Rule Amendments

    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.

    Continue reading "Notice of Approved and Proposed Rule Amendments" »

    November 19, 2008

    Notice of Approved Amendments to Utah Court Rules

    The Supreme Court has approved amendments to the following Utah court rules.

    Summary of amendments

    Rules Governing the Utah State Bar

    Revisions to Utah State Bar's Fee Dispute Rules (formerly Fee Arbitration Rules) to further clarify the mediation process approved by the Supreme Court last year. The amendments provide additional details, such as what qualifies for mediation, how mediation can be requested, how mediators are selected, confidentiality, mediation procedures.

    Continue reading "Notice of Approved Amendments to Utah Court Rules" »

    October 30, 2008

    Notice of Proposed Amendments to Utah Court Rules: CJC, CJA

    The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires December 18, 2008.

    Summary of proposed amendments

    Code of Judicial Conduct

    CJC Canons. Amend. The Utah Supreme Court is considering wholesale changes to the Utah Code of Judicial Conduct. The changes are based on the new ABA Model Code of Judicial Conduct, which was issued in 2007. The ABA Model Code is based on the previous Model Code, but the format is different and there are many new and deleted provisions. The draft document shows the variations from the 2007 Model Code that Utah is considering.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules: CJC, CJA" »

    October 2, 2008

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires November 19, 2008.

    Summary of proposed amendments

    Rules Governing the Utah State Bar

    Petition to establish a new lawyer training program with all exhibits and proposed rule amendments.

    Affected Rules:

    USB 14-0402. Definitions. Amend. Exhibit 13.

    USB 14-0404. Active status lawyers: MCLE, NLTP and admission on motion requirements. Amend. Exhibit 10.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    September 17, 2008

    Notice of Approved Amendments to Utah Court Rules

    The Judicial Council has approved amendments to the following Utah court rules.

    Summary of amendments

    Code of Judicial Administration

    CJA 01-205. Standing and ad hoc committees. Amend. Adds an attorney with experience representing parents in abuse, neglect and dependency cases to the Committee on Children and Family Law.

    Continue reading "Notice of Approved Amendments to Utah Court Rules" »

    September 3, 2008

    Notice of Approved Amendments to Utah Court Rules: URCP, URCrP, URAP, ADR, URSCP, CJC, CJA

    The Supreme Court and Judicial Council have approved amendments to the following Utah court rules. Many of the changes are merely to correct references to the Utah Code after the Legislature recodified former Title 78. These technical changes have been approved by the Supreme Court or Judicial Council but were not published for comment.

    Continue reading "Notice of Approved Amendments to Utah Court Rules: URCP, URCrP, URAP, ADR, URSCP, CJC, CJA " »

    July 22, 2008

    Notice of Proposed Amendments to Utah Court Rules: USB, URCrP, CJA

    The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires September 9, 2008.

    Summary of proposed amendments

    Rules Governing the Utah State Bar

    Petition to amend the bar’s fee dispute rules governing mediation. Revisions requested to Utah State Bar's Fee Dispute Rules (formerly Fee Arbitration Rules) to further clarify the mediation process approved by the Supreme Court last year. The proposed amendments provide additional details, such as what qualifies for mediation, how mediation can be requested, how mediators are selected, confidentiality, mediation procedures.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules: USB, URCrP, CJA" »

    June 3, 2008

    Notice of Proposed Amendments to Utah Court Rules: URCP

    The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires July 17, 2008.

    Summary of proposed amendments

    Rules of Civil Procedure

    URCP 045. Subpoena. Amend. Permits a person affected by a subpoena to object.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules: URCP" »

    Notice of Proposed Amendments to Utah Court Rules: URCP & CJA

    The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires July 7, 2008.

    Summary of proposed amendments

    Rules of Civil Procedure

    URCP 006. Time. Repeal and reenact. Conforms the computation of time to the days-are-days approach of the Federal Rules of Civil Procedure. Deadlines of less than 30 days in several rules will be extended to a uniform 7/14/21 days. The list of deadlines proposed to be amended is on the website. If Rule 6 is approved, those rules will be amended to change the deadlines as indicated, but the rules will not be published for comment. Deadlines not listed are not proposed to be amended.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules: URCP & CJA" »

    April 28, 2008

    Notice of Public Comment Period for Proposed Amendments to the Local Rules

    UNITED STATES DISTRICT COURT DISTRICT OF UTAH OFFICE OF THE CLERK OF COURT

    NOTICE OF PUBLIC COMMENT PERIOD FOR PROPOSED AMENDMENTS TO THE LOCAL RULES

    The Court has released proposed amendments to local rules of practice for public comment. The text of the proposed rules are available on the court's website (http://www.utd.uscourts.gov/documents/local_amendments.html) or you may request a copy from the Office of the Clerk of Court by calling 801-524-6121. Comments may be submitted by email to Louise_York@utd.uscourts.gov or in writing to the Office of the Clerk, attention: Louise York, 350 S. Main St., Rm 150, Salt Lake City, UT 84101. The comment period ends on June 2, 2008.

    April 18, 2008

    Notice of Approved Amendments to Utah Court Rules

    Summary of amendments

    Rules Governing the Utah State Bar

    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 institution. Restricts deposits to eligible institutions and defines the types of accounts permitted. Establishes sanctions and procedures if a lawyer fails to report annually.

    Continue reading "Notice of Approved Amendments to Utah Court Rules" »

    April 17, 2008

    Electronic Courtesy Briefs - Standing Order No. 8

    The Utah Supreme Court has issued Standing Order No. 8 as to establishment of a pilot program to require submission of electronic courtesy briefs to the Utah Supreme Court and the Utah Court of Appeals. Standing Order No. 8 is effective May 15, 2008. Questions or inquiries should be directed to Sue Willis, deputy court clerk, Utah Supreme Court, 801-578-3900. View Standing Order No. 8 at the following link: http://www.utcourts.gov/resources/rules/urap/supctso.htm#8

    April 9, 2008

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires May 28, 2008.

    Summary of proposed amendments

    Rules of Civil Procedure

    URCP 103. Child support worksheets. Repeal. Eliminates the requirement that parties send a copy of their child support worksheet to the AOC.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires May 28, 2008.

    Summary of proposed amendments

    Rules of Civil Procedure

    URCP 103. Child support worksheets. Repeal. Eliminates the requirement that parties send a copy of their child support worksheet to the AOC.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires May 28, 2008.

    Summary of proposed amendments

    Rules of Civil Procedure

    URCP 103. Child support worksheets. Repeal. Eliminates the requirement that parties send a copy of their child support worksheet to the AOC.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    January 30, 2008

    Notice of Proposed Amendments to Utah Court Rules

    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

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    December 14, 2007

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires January 22, 2008.

    Summary of proposed amendments

    Rules of Evidence

    URE 0509. News reporters. New. Creates a privilege for news reporters. This proposed rule is being published for comment a second time.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    November 27, 2007

    Notice of Approved Amendments to Utah Court Rules

    The Judicial Council has approved amendments to the following Utah court rules.

    Summary of amendments

    Code of Judicial Administration

    CJA 04-409. Council approval of Problem Solving Courts. New. Establishes Council enforcement of minimum requirements and reporting for drug courts and other problem solving courts.


    Continue reading "Notice of Approved Amendments to Utah Court Rules" »

    November 14, 2007

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires January 2, 2008.

    Summary of proposed amendments

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    October 29, 2007

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires December 17, 2007.

    Summary of proposed amendments

    USB 14-0404. Active status lawyers: MCLE, NLCLE and admission on motion requirements. Amend. Requires at last one hour of MCLE in professionalism and civility.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    October 3, 2007

    Notice of Proposed Amendments to Utah Court Rules

    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.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    August 31, 2007

    Notice of Approved Amendments to Utah Court Rules

    The Supreme Court and Judicial Council have approved amendments to the following Utah court rules.

    Summary of amendments

    Code of Judicial Administration
    CJA 03-304. Official court reporters. Amend. Amendments to conform with Rule 4-201. Effective Date: November 1, 2007.
    CJA 03-407. Accounting. Amend. Change composition of advisory committee. Effective Date: November 1, 2007.
    CJA 04-201. Record of proceedings. Amend. Distinguishes between analogue and digital record keeping systems for minimum record keeping requirements. Effective Date: November 1, 2007.
    CJA 06-501. Reporting requirements for guardians and conservators. New. Adopt procedural provisions of Rule 6-503, 6-504 and 6-505. Better conform to statute. Resolve ambiguities in the statute. Establish minimum reporting requirements. Effective Date: November 1, 2007.
    CJA 06-503. Annual report of guardian. Repeal. Move procedural provisions to Rule 6-501. Effective Date: November 1, 2007.
    CJA 06-504. Annual accounting of conservator. Repeal. Move procedural provisions to Rule 6-501. Effective Date: November 1, 2007.
    CJA 06-505. Fiduciary accountings. Repeal. Move procedural provisions to Rule 6-501. Effective Date: November 1, 2007.

    Continue reading "Notice of Approved Amendments to Utah Court Rules" »

    August 17, 2007

    Proposed Tenth Circuit Rule Changes Effective January 2008

    Attn: State Bar Associations within the Tenth Circuit

    Effective January 1, 2008, the court will amend its local rules. In addition, there is one change to the Federal Rules of Appellate Procedure which will take effect on December 1, 2007. Attached below are links to our website and specifically to a memo regarding the proposed rules changes, as well as redlined and non-redlined versions of the proposed amendments. Interested parties are invited to submit comments on the proposed changes to the Clerk of Court. The comment period will extend through the close of business on Wednesday, October 10, 2007. Comments may be submitted in writing to the Tenth Circuit Clerk's Office care of 1823 Stout Street, Denver, Colorado, 80257, or via email to 10th_Circuit_Clerk@ca10.uscourts.gov.

    http://www.ca10.uscourts.gov/downloads/2008_rules_memo.pdf
    http://www.ca10.uscourts.gov/downloads/2008_Proposed_Rules.pdf
    http://www.ca10.uscourts.gov/downloads/2008_Proposed_Rules_Redlined.pdf

    August 16, 2007

    Rule Changes to MCLE Fees

    – Effective September 1, 2007

    The Utah Supreme Court has approved changes to Rule 14-414 and Rule 14-417 that govern Mandatory Continuing Legal Education which go into effect September 1, 2007. The new rules include changes to certain fees associated with accrediting CLE programs and reporting compliance for Utah Lawyers. These fee changes impact filing fees, late fees, Certificate of Compliance fees and reinstatement fees. For more information about the rules or for general questions about CLE compliance, please contact Sydnie Kuhre at: skuhre@utahbar.org or (801) 297-7035.

    Continue reading "Rule Changes to MCLE Fees" »

    Notice of Approved Amendments to Utah Court Rules

    The Supreme Court and Judicial Council have approved amendments to the following Utah court rules.

    Summary of amendments

    Rules of Civil Procedure
    URCP 016. Pretrial conferences, scheduling, and management conferences. Amend. Coordinates sanction provisions with those in Rule 35 and Rule 37. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
    URCP 023A. Derivative actions by shareholders. Renumber and amend. Renumbers the rule to conform to Supreme Court protocol. Amends the rule to more clearly delineate the content of the petition. Effective Date: November 1, 2007.

    Continue reading "Notice of Approved Amendments to Utah Court Rules" »

    July 16, 2007

    Notice of Approved Amendments to Utah Court Rules

    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. The comment deadline is August 30, 2007.

    Continue reading "Notice of Approved Amendments to Utah Court Rules" »

    July 5, 2007

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires August 23, 2007.

    Summary of proposed amendments

    Rules Governing the Utah State Bar
    USB 14-0533 Diversion. New. Establishes a procedure for diversion of complaints.
    Code of Judicial Administration
    CJA 04-0403. Signature stamp use. Amend. Permits a judge's signature stamp to be used on orders prepared by the court.
    CJA 04-0405. Juror and witness fees and expenses. Amend. Authorizes alternative process to certify attendance of a juror or witness.
    CJA 04-0409. Council approval of Problem Solving Courts. New. Establishes Council enforcement of minimum requirements and reporting for drug courts and other problem solving courts.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    June 15, 2007

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires August 1, 2007.

    Summary of proposed amendments
    USB Petition. Petition to amend fee arbitration rules for a Utah State Bar name change and to raise amount in controversy to $3,000 for sole arbitrator cases.
    USB 14-1101 Definitions. Amend. Changes title of Article 11. Changes name of Committee to Fee Dispute Resolution Committee.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    June 13, 2007

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires August 1, 2007.

    Summary of proposed amendments

    RPC Preamble. Attorney oath. Amend. Includes adherence to the Standards of Professionalism and Civility in the attorney oath. Proposed Effective Date: November 1, 2007.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    May 9, 2007

    Notice of Proposed Amendments to Utah Court Rules

    The Judicial Council invites comments to proposed amendments to the following court rules. The comment period expires June 26, 2007.

    Summary of proposed amendments

    Code of Judicial Administration
    CJA 01-304. General authority and duties. Amend. Modify the authority of the Presiding judge. Proposed Effective Date: November 1, 2007.
    CJA 02-106.04. Self improvement process. Amend. Modify the authority of the Presiding judge. Proposed Effective Date: November 1, 2007.
    CJA 03-104. Presiding judges. Amend. Modify the authority of the Presiding judge. Proposed Effective Date: November 1, 2007.
    CJA 03-301. Court administrators. Amend. Modify the authority of the Presiding judge. Proposed Effective Date: November 1, 2007.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    April 23, 2007

    Notice of Proposed Amendments to Utah Court Rules

    The Judicial Council invites comments to proposed amendments to the following court rules. The comment period expires June 15, 2007.

    Summary of proposed amendments

    CJA 03-304. Official court reporters. Amend. Amendments to conform with Rule 4-201. Proposed Effective Date: November 1, 2007.
    CJA 03-407. Accounting. Amend. Change composition of advisory committee. Proposed Effective Date: November 1, 2007.
    CJA 04-201. Record of proceedings. Amend. Distinguishes between analogue and digital record keeping systems for minimum record keeping requirements. Proposed Effective Date: November 1, 2007.
    CJA 06-501. Fiduciary accountings. New. Adopt procedural provisions of Rule 6-503, 6-504 and 6-505. Better conform to statute. Resolve ambiguities in the statute. Establish minimum reporting requirements. Proposed Effective Date: November 1, 2007.
    CJA 06-503. Annual report of guardian. Repeal. Move procedural provisions to Rule 6-501. Proposed Effective Date: November 1, 2007.
    CJA 06-504. Annual accounting of conservator. Repeal. Move procedural provisions to Rule 6-501. Proposed Effective Date: November 1, 2007.
    CJA 06-505. Fiduciary accountings. Repeal. Move procedural provisions to Rule 6-501. Proposed Effective Date: November 1, 2007.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    April 11, 2007

    AOC Memorandum to Attorneys Representing Divorcing Utah Parents of Children under the Age of 18

    Sent on behaf or the Administrative Office of the Courts.

    Memorandum

    To:
    Attorneys Representing Divorcing Utah Parents of Children under the Age of Eighteen

    From:
    Pauleen Schnaper, Education Program Coordinator, Administrative Office of the Courts

    Date: 4/11/2007

    Re: HB 128 and Divorce Orientation Class

    HB 128 created a mandatory one hour, one time, Divorce Orientation class for divorcing Utah parents of children under the age of eighteen years. All who file for divorce or file for the newly created "temporary separation" are required to participate in this class, starting May 1, 2007.

    The purpose of the Divorce Orientation class is to educate parties about the divorce process and about reasonable alternatives. A petitioner shall attend a Divorce Orientation course no more than 60 days after filing a petition for divorce. The respondent shall attend the Divorce Orientation course no more than 30 days after being served with a petition for divorce.

    Course schedules will be available by following the links on the internet at the courts' public information site, www.utcourts.gov. In most cases, the Divorce Orientation class will be held in conjunction with the Divorce Education class. The fee for the Divorce Orientation class is $20. A portion of the fee is distributed to the Children's Defense Fund. Upon completion of the class, participants will receive a certificate, separate from the divorce education certificate. Both certificates will be filed with their case information.

    Attached is the Notice for the Petitioner. Download file(PDF)

    If you have further questions, please refer to HB128, or contact Polly Schnaper, Education Program Coordinator, Administrative Office of the Courts, at (801) 578-3823.

    April 3, 2007

    Court Order In re: Utah State Bar’s Petition to Provide for Mandatory Licensing Form Malpractice Insurance Information

    The Utah State Bar has received a court order that will allow for the inclusion of malpractice insurance questions on the licensing forms for the 2007/8 and 2008/9 licensing years. This order can be found online at

    http://www.utahbar.org/documents/20070143USB_malpractice_order.pdf

    All attorneys will be required to designate the status of their license for the upcoming year. Attorneys will be asked additional questions about malpractice insurance. These questions must be answered for the licensing form to be accepted as complete. The information provided will be for the use of the Utah Supreme Court and the Utah State Bar and will not be made public.

    March 30, 2007

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires May 18, 2007.

    Summary of proposed 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 55. 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 as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period. Effective Date: April 30, 2007.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    February 26, 2007

    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.

    Continue reading "Notice of Approved Amendments to Utah Court Rules" »

    February 8, 2007

    Notice of Proposed Amendments to Utah Court Rules

    The Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires March 28, 2007.

    Summary of proposed amendments

    Rules of Evidence

    URE 0509. News reporters. New. Creates a privilege for news reporters. Proposed effective date: November 1, 2007.
    URE 0702. Testimony by experts. Amend. Preserves and clarifies differences between the Utah and federal approaches to expert testimony. Proposed effective date: November 1, 2007.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    February 6, 2007

    Notice of Approved Amendments to Utah Court Rules

    The Supreme Court has approved amendments to the following Utah court rules.

    Summary of amendments

    Rules of Juvenile Procedure
    URJP 60. Judicial bypass procedure to authorize minor to consent to an abortion. Establishes an expedited procedure by which a minor can petition to bypass parental consent to an abortion. Original effective May 1, 2006. Amended effective May 10, 2006; January 31, 2007.

    Continue reading "Notice of Approved Amendments to Utah Court Rules" »

    November 1, 2006

    Notice of Proposed Amendments to Utah Court Rules

    The Judicial Council invites comments to proposed amendments to the following court rules. The comment period expires December 18, 2006.

    Summary of proposed amendments

    CJA 02-103. Open and closed meetings. Amend. Amend Council rules to incorporate changes to the Open and Public Meetings Act.
    CJA 02-104. Recording meetings. Amend. Amend Council rules to incorporate changes to the Open and Public Meetings Act.
    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 August 1, 2006. Approved as an expedited amendment under Rule 2-205. Subject to further change after the comment period.
    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.
    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.
    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.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    September 11, 2006

    Notice of Approved Amendments to Utah Court Rules

    The Supreme Court and Judicial Council have approved amendments to the following Utah court rules.

    Summary of amendments

    Rules of Civil Procedure
    URCP 063. Disability or disqualification of a judge. Amend. Clarify that judge is to take no action in a case after a motion to recuse has been filed. Effective: November 1, 2006.
    URCP 074. Withdrawal of counsel. Amend. Requires judicial consent for withdrawal if a hearing has been set. Effective: November 1, 2006.

    Continue reading "Notice of Approved Amendments to Utah Court Rules" »

    May 15, 2006

    Notice of Amendments to Rules Governing the Utah State Bar

    The Supreme Court has approved amendments to the following rules governing the Utah State Bar.

    Summary of amendments

    Bar Admissions. Chapter 18. Rule 20. Qualifications for admission of house counsel applicants. New. The new rule will provide guidance about what an out-of-state licensed lawyer who works in-house in a Utah business or non-profit organization is permitted to do. Effective November 1, 2006.

    Continue reading "Notice of Amendments to Rules Governing the Utah State Bar" »

    May 2, 2006

    Notice of Approved Amendments to Utah Court Rules: URJP 60 and URAP 60

    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. The comment deadline is June 16, 2006.

    Summary of amendments

    Continue reading "Notice of Approved Amendments to Utah Court Rules: URJP 60 and URAP 60" »

    March 2, 2006

    Approved Amendments - URCP, URAP & CJA

    The Supreme Court and Judicial Council have approved amendments to the following Utah court rules.

    Summary of amendments

    Rules of Civil Procedure
    URCP 004. Process. Amend. In conjunction with repealing Rule 71B, permit case to proceed against parties who are served.
    URCP 006. Time Amend. Permit 3 additional days in which to respond if notice is served by mail, fax, or electronic service.
    URCP 062. Stay of proceedings to enforce a judgment. Amend. Establishes an automatic 10-day stay on enforcing a judgment.
    URCP 064C. Writ of attachment. Amend. Permits a writ of attachment when the writ is authorized by statute.
    URCP 068. Offer of judgment. Amend. Changes name of rule to "Settlement offers." Authorizes expert witness fees and expenses and deposition recordings as part of award of "costs" if a settlement offer is rejected and the offeree's position does not improve after trial. Makes results of failure to improve bi-directional.
    URCP 071. Process in behalf of and against persons not parties. Renumber and Amend. In conjunction with repealing Rule 71B, renumber Rule 71A as Rule 71. Gender neutral text.
    URCP 071B. Proceedings where parties not summoned. Repeal. Repeal as contrary to due process.

    Continue reading "Approved Amendments - URCP, URAP & CJA" »

    February 27, 2006

    Notice of Proposed Amendments to Utah Court Rules - Rule 20 and Rule 20 of Chapter 18

    The Utah Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires April 7, 2006.

    Summary of proposed amendments:

    Rule 20. Qualifications for admission of house counsel applicants.
    Rule 20 of Chapter 18. Rules governing admission to the Utah State Bar. The new rule will provide guidance about what an out-of-state licensed lawyer who works in-house in a Utah business or non-profit organization is permitted to do. The draft rule is presented with the petition to the Supreme Court. The attachments referred to in the petition are available from the Supreme Court or the Utah State Bar.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules - Rule 20 and Rule 20 of Chapter 18" »

    February 14, 2006

    Notice of Approved Amendments to Utah Court Rules - URE 416

    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.

    The comment deadline is April 7, 2006.

    Continue reading "Notice of Approved Amendments to Utah Court Rules - URE 416" »

    January 11, 2006

    Third District Court Local Rule

    The Third District Court has adopted the following local rule on fax filings effective February 1, 2006:

    Intent:

    To establish policy regarding acceptance of filings by facsimile machine.

    Continue reading "Third District Court Local Rule" »

    October 17, 2005

    Notice of Proposed Amendments to Utah Court Rules

    The Utah Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires December 2, 2005

    Summary of proposed amendments:

    CJA 11-304. Pro bono admission for law school faculty lawyers. New. Permits law school faculty member to perform pro bono legal services within this state. Establishes qualifications and procedures..

    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.

    October 4, 2005

    Notice of Approved Amendments to Utah Court Rules

    Notice of Approved Amendments to Utah Court Rules

    The Supreme Court and Judicial Council have approved amendments to the following Utah court rules. To see the text 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 November 1, 2005 unless otherwise indicated.

    Rules of Professional Conduct
    Preamble: A Lawyer's Responsibilities. Amend. The Ethics 2000 Commission was created by the American Bar Association to review and amend the Model Rules of Professional Conduct. The Ethics 2000 Commission 's revisions to the ABA Model Rules were completed in August 2003. The Utah Supreme Court requested its Advisory Committee on the Rules of Professional Conduct to consider the Ethics 2000 revisions and recommend which amendments, if any, should be made to the Utah Rules of Professional Conduct. The rules listed below include the Ethics 2000 revisions to the Utah Rules of Professional Conduct recommended by the court's advisory committee. The Ethics 2000 revisions to the ABA Model Rules and explanations regarding the changes can be found at www.abanet.org/cpr/ethics2k.html.

    RPC 01.00.Terminology. Amend.
    RPC 01.01. Competence. Amend.
    RPC 01.02.Scope of Representation and Allocation of Authority Between Client and Lawyer. Amend.
    RPC 01.03.Diligence. Amend.
    RPC 01.04.Communication. Amend.
    RPC 01.05.Fees. Amend.
    RPC 01.06.Confidentiality of Information Amend.
    RPC 01.07.Conflict of Interest: Current Clients. Amend.
    RPC 01.08.Conflict of Interest: Current Clients: Specific Rules. Amend.
    RPC 01.09.Duties to Former Clients Amend.
    RPC 01.10.Imputation of Conflicts of Interest: General Rule. Amend.
    RPC 01.11. Special Conflicts of Interest for Former and Current Government Employees. Amend.
    RPC 01.12.Former Judge, Arbitrator, Mediator or Other Third-Party Neutral. Amend.
    RPC 01.13.Organization as a Client. Amend.
    RPC 01.14.Client with Diminished Capacity. Amend.
    RPC 01.15.Safekeeping Property. Amend.
    RPC 01.17.Sale of Law Practice. Amend.
    RPC 01.18.Duties to Prospective Client. New.
    RPC 02.01.Advisor. Amend.
    RPC 02.02.Intermediary. Repealed.
    RPC 02.03.Evaluation for Use by Third Persons. Amend.
    RPC 02.04.Lawyer Serving as Third-Party Neutral. New.
    RPC 03.01.Meritorious Claims and Contentions. Amend.
    RPC 03.02.Expediting Litigation. Amend.
    RPC 03.03.Candor Toward the Tribunal. Amend.
    RPC 03.04. Fairness to Opposing Party and Counsel. Amend.
    RPC 03.05. Impartiality and Decorum of the Tribunal. Amend.
    RPC 03.06. Trial Publicity. Amend.
    RPC 03.07. Lawyer as Witness. Amend.
    RPC 03.08. Special Responsibilities of a Prosecutor. Amend.
    RPC 03.09. Advocate in Nonadjudicative Proceedings. Amend.
    RPC 04.01. Truthfulness in Statements to Others. Amend.
    RPC 04.02. Communication with Persons Represented by Counsel. Amend.
    RPC 04.03. Dealing with Unrepresented Person. Amend.
    RPC 04.04. Respect for Rights of Third Persons. Amend.
    RPC 05.01. Responsibilities of Partners, Managers, and Supervisory Lawyers. Amend.
    RPC 05.02. Responsibilities of a Subordinate Lawyer. Amend.
    RPC 05.03. Responsibilities Regarding Nonlawyer Assistants. Amend.
    RPC 05.04. Professional Independence of a Lawyer. Amend.
    RPC 05.05. Unauthorized Practice of Law; Multijurisdictional Practice of Law. Repeal & Reenact.
    RPC 05.06. Restrictions on Right to Practice. Amend.
    RPC 05.07. Responsibilities Regarding Law-Related Services. New.
    RPC 06.01. Voluntary Pro Bono Legal Service. Amend.
    RPC 06.02. Accepting Appointments. Amend.
    RPC 06.03. Membership in Legal Services Organization. Amend.
    RPC 06.04. Law Reform Activities Affecting Client Interests. Amend.
    RPC 06.05. Nonprofit and Court-Annexed Limited Legal Services Programs. New.
    RPC 07.01. Communications Concerning a Lawyer's Services. Amend.
    RPC 07.02. Advertising. Amend.
    RPC 07.03. Direct Contact with Prospective Clients. Amend.
    RPC 07.04. Communication of Fields of Practice. Amend.
    RPC 07.05. Firm Names and Letterheads. Amend.
    RPC 08.01. Bar Admission and Disciplinary Matters. Amend.
    RPC 08.02. Judicial Officials. Amend.
    RPC 08.03. Reporting Professional Misconduct. Amend.
    RPC 08.04. Misconduct. Amend.
    RPC 08.05. Disciplinary Authority; Choice of Law. Repeal & Reenact.


    Rules of Civil Procedure
    URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner's order. Amend. Prohibits orders embedded in other documents unless permitted by the court.
    URCP 047. Jurors. Amend. Clarifies situations in which multiple parties share peremptory challenges.
    URCP 101. Motion practice before court commissioners. New. Establishes procedures for motions to a court commissioner.
    URCP 106. Modification of divorce decrees. Amend. Describes conditions in which the court may enter a temporary order in an action to modify a divorce decree.


    Rules of Criminal Procedure
    URCrP 11. Pleas. Amend. Clarifies that a judge may approve or reject an agreement to reduce or dismiss charges.
    URCrP 12. Motions. Amend. There are two proposed amendments. The first states that a party may submit a written request to submit for decision, but may also otherwise bring a motion to the attention of the court. The second states that a motion challenging jurisdiction must be raised at least five days trial to trial, unless good cause is shown.
    URCrP 24. Motion for new trial. Amend. Clarifies the time within which a motion for new trial must be filed, and that an extension must be obtained prior to the expiration of the original period.
    URCrP 27. Stays pending appeal. Amend. Clarifies that an appeal of a probable cause denial is to the court where the notice of appeal is transmitted.
    URCrP 29A. Change of judge as a matter of right. Amend. Changes the time within which a notice of change must be filed. The time is tied to either assignment after bindover or rejection of a proposed disposition.


    Rules of Appellate Procedure
    URAP 04. Appeal as of right: when taken. Amend. The proposed amendments are intended to clarify the status of a notice of appeal filed while certain motions are pending. The notice of appeal will be effective as of the date the motion is resolved, but will only be effective for the underlying judgment.
    URAP 08A. Emergency relief. New. Creates a new rule to establish a process for managing requests for emergency relief.
    URAP 09. Docketing statement. Amend. Contains a technical change to reflect a legislative amendment requiring a motion to withdraw a guilty plea to be made before sentencing.
    URAP 12. Transmission of the record. Amend. Eliminates the option for a compressed format. Also includes language requiring the clerk transmit the record in post-conviction cases.
    URAP 19. Extraordinary writs. Amend. Clarifies the process for resolving petitions for extraordinary relief, and references Rule 8A for other requests for emergency relief. Clarifies that the court’s decision will be based on the petition and the response, unless briefing is requested by the court.
    URAP 30. Decision of the court: dismissal; notice of decision. Amend. Technical change.


    Rules of Juvenile Procedure
    URJP 08. Rights of minor while in detention. Amend. Technical changes.
    URJP 29A. Visual recording of statement or testimony of child victim or witness of sexual or physical abuse - Conditions of admissibility. Amend. Deletes advisory committee note. Conforms paragraph numbering to other Supreme Court rules.
    URJP 37A. Visual recording of statement or testimony of child in abuse, neglect and dependency proceedings - Conditions of admissibility. Amend. Deletes advisory committee note. Conforms paragraph numbering to other Supreme Court rules.


    Rules of Small Claims Procedure
    URSCP 09. Default judgment. Amend. Specifies that notice of the default judgment must be served immediately.


    Code of Judicial Administration
    CJA 09-107. Justice court technology, security, and training account. Amend. Changes timing of grant applications to fit the fiscal year rather than the calendar year. Effective September 6, 2005. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.

    July 6, 2005

    Rule 1.4 Proposed Amendment - Disclosure of Malpractice Insurance

    Rule 1.4 Proposed Amendment - Disclosure of Malpractice Insurance

    Rule 1.4. Communication.

    (a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.

    (b) A lawyer shall explain a matter to the extent reasonably necessary to enable the client to make informed decisions regarding the representation.

    (c) If a lawyer does not have professional liability insurance with limits of at least $100,000, a lawyer shall disclose this in writing to clients in the written fee disclosure provided to the client pursuant to Rule 1.5 and to the Utah State Bar in the annual licensing form.

    (d) If, during the course of representation, the insurance policy lapses or is terminated, a lawyer shall promptly notify clients and the Utah State Bar in writing.

    (e) This disclosure requirement does not apply to lawyers who are on inactive status, in-house counsel or government lawyers, who do not represent clients outside their official capacity or in-house employment.

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