Utah State Bar News & Announcements

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.

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:

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.

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:

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.

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.

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.

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.

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.

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.

Approved Rule Amendments

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

Summary of amendments

Amendments to establish a new lawyer training program.

USB 14-0402. Definitions.
USB 14-0404. Active status lawyers: MCLE, NLTP and admission on motion requirements.
USB 14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals.
USB 14-0417. Miscellaneous fees and expenses.
USB 14-0705. Admission on motion.
USB 14-0801. Definitions.
USB 14-0808. New lawyer training program.

The Supreme Court has approved amendments to the following 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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

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.

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.

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

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.

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.

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.

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

– 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.