Notice of Proposed Model Utah Civil Jury Instructions

The Utah Judicial Council’s Standing Committee on the Model Civil Jury Instructions invites comments to the following proposed instructions. The comment period expires August 11, 2016, but the committee invites judges and practitioners to share their experiences using the published instructions at any time.

Summary of Proposed Model Civil Jury Instructions (Defamation)

CV1601 – Introductory Notes to Practitioners (not to be read to the jury).
CV1602 – Elements of a Defamation Claim.
CV1603 – Definition: Publication.
CV1604A – Definition: About the Plaintiff – Public Figure or Public Official Plaintiff – Connection to Plaintiff is Reasonable.
CV1604B – Definition: About the Plaintiff – Private Plaintiff – Matter of Public Concern – Connection to Plaintiff is Reasonable.
CV1604C – Definition: About the Plaintiff – Private Plaintiff – No Matter of Public Concern – Connection to Plaintiff is Reasonable – Negligence.
CV1604D – Definition: About the Plaintiff – Private Plaintiff – No Matter of Public Concern – Connection to Plaintiff is Reasonable – Strict Liability. 
CV1604E – Definition: About the Plaintiff – Connection to Plaintiff is Unreasonable.
CV1605 – Definition: False Statement.
CV1606 – Definition: Opinion.
CV1607 – Definition: Defamatory.
CV1608 – Conditional Privilege.
CV1609 – Non-actionable Statements.
CV1610 – Definition: Requisite Degree of Fault – Private Figure – Matter of Public Concern.
CV1611 – Definition: Requisite Degree of Fault –Public Official or Public Figure. 
CV1612 – Group Defamation Rule. 
CV1613 – Causation. 
CV1614 – Presumed Damages.
CV1615 – Damages – Economic Damages. 
CV1616 – Damages – Noneconomic Damages. 
CV1617 – Damages – Punitive Damages – Public Figure/Official and/or Issue of Public Concern.
CV1618 – Damages – Effect of Retraction. 
CV1619 – Affirmative Defense – Consent.
CV1620 – Affirmative Defense – Statute of Limitations.

How to View Text of the Proposed Model Civil Jury Instructions

To see the proposed jury instructions and submit comments, click on this link http://www.utcourts.gov/committees/muji-comment/ and then click on the link that reads Click here to view a pdf version of proposed Model Utah Civil Jury Instructions 1601-1620. You may also click on the individual instructions to view them.

 How to Submit Comments

It is most efficient to submit comments through the website. You can comment and view the comments of others by clicking on the “Continue Reading” link at the bottom of the posting. After clicking on the Continue Reading link and scrolling to the bottom of the page, you will be asked for your name, which is required, and your email address, which need not be your real address. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.

After submitting your comment on the webpage, you may get an error message, but your comment has been delivered to a buffer, and will be published as soon as possible.

Submit comments directly through the website or to:

Nancy Sylvester
Email: nancyjs@utcourts.gov
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. If you email a comment, please list the relevant instruction(s) in the message line and include your comment in the message text, not in an attachment.

How to view published Model Civil Jury Instructions

Visit http://www.utcourts.gov/resources/muji/.

How to view the Model Civil Jury Instructions Committee’s work

Visit http://www.utcourts.gov/committees/muji/.

Notice of Approved Amendments to Utah Court Rules

The Utah Judicial Council has approved amendments to the following court rules. The amendments are effective November 1, 2016.

Code of Judicial Administration

CJA 03-0403.pdf Judicial branch education. Amend. Gives the Management Committee authority to excuse an active senior judge applying for reappointment from completing the annual 30 hour education requirement based on good cause. To be eligible, the senior judge must have completed at least 60 total education hours in the two years preceding the effective date of reappointment.

CJA 04-0202.02.pdf Records classification. Amend. Classifies jail booking sheets and nonresident violator notices of compliance as private. Deletes language addressing appellate brief addenda as they are governed by other rules.

CJA 04-0404.pdf Jury selection and service. Amend. Incorporates recent amendments to the statute regarding a juror’s term of service.

CJA 04-0903.pdf Uniform custody evaluations. Amend. Clarifies the list of professionals who may perform custody evaluations. Eliminates the provision allowing two custody evaluators to be appointed if one party resides out of state. Adds additional factors for a custody evaluator to consider when conducting an evaluation.

To see approved rule amendments, click on the rule number above, or click on this link to: http://www.utcourts.gov/resources/rules/approved/. Then click on the rule number.

Committee Vacancies

The Supreme Court is seeking applicants to fill vacancies on two of its standing committees. To apply for appointment, complete an online application at https://www.surveymonkey.com/r/TXBZHJ7. Be sure to click “done” at the end to submit the application, and you will be directed to the court’s main page.

Applications must be received by 5:00 pm Monday, July 11, 2016. The Supreme Court will make the appointments without interviews. All applicants will be notified of the results. The appointees will fill the unexpired terms of members who have resigned.

The online application lists all of the Supreme Court’s standing committees, but there are vacancies only on the following:

Advisory Committee on Rules of Professional Conduct. One vacancy.

The committee meets as needed (generally monthly on Monday evening from 5:00 to 7:00 p.m.) at the Matheson Courthouse to review and respond to issues related to Utah’s Rules of Professional Conduct. For example, as the ABA develops new Model Rules of Professional Conduct, the committee reviews them and decides whether to adopt the rules in Utah. The committee also responds to new caselaw challenging the rules, and to requests to amend the rules.

Ethics and Discipline Diversion Committee. One vacancy.

The committee evaluates cases recommended for diversion and decides whether to enter into a diversion contract or to return the case to OPC for prosecution. The committee verifies compliance with the terms of the diversion contract. Diversion cases typically are less serious than cases that a screening panel would hear. Most communication among committee members is by email or telephone conference. The committee meets as needed. Diversion is governed by Rule 14-533.

Notice of Proposed Amendment to Utah Rules of Criminal Procedure

The Utah Supreme Court invites comments to the following proposed amendment to Utah Rules of Criminal Procedure. The comment period expires July 24, 2016.

Utah Rules of Criminal Procedure

Rule 038   Amend.  The proposed amendment clarifies that a defendant may withdraw an appeal prior to entry of a plea of guilt or prior to commencement of trial.

How to View Redline Text of the Proposed Amendment

To see proposed rule amendment 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 is most efficient to submit comments through the website. After clicking on the comment link, you will be asked for your name, which is required, and your email address which need not be your real address. The comment website is public. Each comment must be approved by the site administrator before it will show on the public website.  Although all comments will be considered, they will not be acknowledged with a response.

Please submit comments directly through the website.  Should you have any questions, please contact the committee staff person.  The list of committees can be found at: https://www.utcourts.gov/committees/.

Notice of Proposed Amendment to Utah Rules of Appellate Procedure

The Utah Supreme Court invites comments to the following proposed amendment to Utah Rules of Appellate Procedure. The comment period expires July 16, 2016.

Utah Rules of Appellate Procedure

Rule 14 Amend. Requires a party seeking review in the Supreme Court or Court of Appeals of an administrative agency order to file a petition for review even if a statute describing the review describes it as an appeal. Removes provisions governed by statute or other rules.

Rule 25A New. Describes the requirement and procedures for serving briefs on the attorney general or county or municipal attorney when challenging the constitutionality of a statute or ordinance. Establishes penalties for failure to do so. Allows the attorney general or county or municipal attorney to file an amicus brief when the constitutionality of a statute or ordinance is challenged. Allows the appellate court to request an amicus brief.

How to View Redline Text of the Proposed Amendment

To see proposed rule amendment 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 is most efficient to submit comments through the website. After clicking on the comment link, you will be asked for your name, which is required, and your email address which need not be your real address. The comment website is public. Each comment must be approved by the site administrator before it will show on the public website.  Although all comments will be considered, they will not be acknowledged with a response.

Please submit comments directly through the website.  Should you have any questions, please contact the committee staff person.  The list of committees can be found at: https://www.utcourts.gov/committees/.

Notice of Proposed Amendment to Utah Code of Judicial Administration

The Utah Supreme Court invites comments to the following proposed amendment to Utah Code of Judicial Administration. The comment period expires July 8, 2016.

Utah Code of Judicial Administration

CJA03-104 Presiding judges. Amend. Affirms the authority of presiding judges to appoint senior judges to fill judicial vacancies for up to 14 judicial days without prior approval. Provides that if more than 14 judicial days of coverage is needed, the presiding judge will present to the State Court Administrator a plan for meeting the needs of the court and the budget needed to implement the plan. If any part of the plan is contested by the State Court Administrator, the plan will be reviewed by the Management Committee of the Judicial Council for final determination.

How to View Redline Text of the Proposed Amendment

To see proposed rule amendment 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 is most efficient to submit comments through the website. After clicking on the comment link, you will be asked for your name, which is required, and your email address which need not be your real address. The comment website is public. Each comment must be approved by the site administrator before it will show on the public website. Although all comments will be considered, they will not be acknowledged with a response.

Please submit comments directly through the website.  Should you have any questions, please contact the committee staff person.  The list of committees can be found at: https://www.utcourts.gov/committees/.

Third-district Judge Royal Hansen Receives 2016 Peacekeeper Award

Third-district Judge Royal Hansen Receives 2016 Peacekeeper Award

May 2016

Judge Royal HansenSalt Lake City, UT — Judge Royal I. Hansen was presented with the 2016 Peacekeeper Award by the Utah Council on Conflict Resolution (UCCR) on Friday.

Judge Hansen has been an outspoken advocate for the use of Alternative Dispute Resolution in the Utah Courts. For the past 11 years, Judge Hansen has served as Chair of the Utah Judicial Council’s Ad Hoc Committee on Alternative Dispute Resolution. His reputation as an insightful judge and judicial leader has been invaluable to the advancement of alternative dispute resolution in our community.

“Judge Hansen is highly deserving of the Peacekeeper Award. He is the third judge to receive this award in the sixteen years since it was established,” said Nancy McGahey, UCCR Board of Directors member, and member of the Peacekeeper Selection Committee. “Judge Hansen’s many contributions to raising awareness and advancing the use of alternative dispute resolution have led to widespread support within and outside of our judicial system. His efforts have also advanced the ethical foundations of ADR practices. The UCCR thanks Judge Hansen for leaving this legacy to our community.”

Judge Hansen was appointed to the Third District Court in July 2003 by Gov. Michael O. Leavitt. He serves Salt Lake, Summit and Tooele counties. Judge Hansen received a law degree from the University of Utah College of Law in 1975. (More information)

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Groundbreaking Ceremony for New Provo Courthouse

Court Officials to Join Chief Justice in Groundbreaking Ceremony for New Fourth District Courthouse

WHAT:           A groundbreaking ceremony will be held to kick off the construction of the new $86.9 million courthouse that will combine Provo District, Provo Juvenile, and Orem Juvenile courts; and Guardian ad Litem office.

WHEN:           Tuesday, May 24 at 11:30 a.m.

WHERE:         200 North and Freedom Boulevard (northeast corner), Provo.

WHO: Utah Supreme Court Chief Justice Matthew Durrant, Utah State Court Administrator Daniel Becker, 4th District Presiding Judge David Mortensen, 4th District Juvenile Presiding Judge Suchada Bazzelle.

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Notice of Proposed Amendment to Utah Rules of Appellate Procedure

The Utah Supreme Court invites comments to the following proposed amendment to Utah Rules of Appellate Procedure. The comment period expires July 1, 2016.

Utah Rules of Appellate Procedure

Rule 2. Adds Rule 14(a) to the list of rules that the court cannot suspend.

How to View Redline Text of the Proposed Amendment

To see proposed rule amendment 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 is most efficient to submit comments through the website. After clicking on the comment link, you will be asked for your name, which is required, and your email address which need not be your real address. The comment website is public. Each comment must be approved by the site administrator before it will show on the public website.  Although all comments will be considered, they will not be acknowledged with a response.

Please submit comments directly through the website.  Should you have any questions, please contact the committee staff person.  The list of committees can be found at: https://www.utcourts.gov/committees/.

Notice of Approved Amendments to Utah Rules of Civil Procedure

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective November 1, 2016.

Utah Rules of Civil Procedure

URCP 54 Judgment; costs. Amend. Establishes a process to add attorney fees and costs to a judgment.

URCP 58A Entry of judgment; abstract of judgment. Amend. In conjunction with amendments to rule 4 of the Utah Rules of Appellate Procedure, establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under rules 50, 52, and 59 of the Rules of Civil Procedure, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.

URCP 73.pdf Attorney fees. Amend. Modifies the process for claiming attorney fees. Adopts many features of FRCP 54(d).

To see approved rule amendments, click on the rule number above, or click on this link to: http://www.utcourts.gov/resources/rules/approved/. Then click on the rule number.

Notice of Approved Amendments to Utah Court Rules of Appellate Procedure

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective November 1, 2016.

Utah Rules of Appellate Procedure

URAP004 Establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under Rules of Civil Procedure 50, 52 or 59, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.

URAP028A Outlines different processes for mediation in the Supreme Court and the Court of Appeals. Provides that the denial of a mediation request does not prevent parties from engaging in private mediation or settlement negotiations. Makes technical changes.

To see approved rule amendments, click on the rule number above, or click on this link to: http://www.utcourts.gov/resources/rules/approved/. Then click on the rule number.

Notice of Proposed Amendment to Utah Rules of Appellate Procedure

The Utah Supreme Court invites comments to the following proposed amendment to Utah Rules of Appellate Procedure. The comment period expires June 25, 2016.

Summary of Proposed Amendment

Utah Rules of Appellate Procedure

Rule 52 Describes the effect of post-trial motions in child welfare proceedings using language similar to Rule 4.

How to View Redline Text of the Proposed Amendment

To see proposed rule amendment 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 is most efficient to submit comments through the website. After clicking on the comment link, you will be asked for your name, which is required, and your email address which need not be your real address. The comment website is public. Each comment must be approved by the site administrator before it will show on the public website.  Although all comments will be considered, they will not be acknowledged with a response.

Please submit comments directly through the website.  Should you have any questions, please contact the committee staff person.  The list of committees can be found at: https://www.utcourts.gov/committees/.

Notice of Proposed Amendment to Utah Code of Judicial Administration 2

The Utah Supreme Court invites comments to the following proposed amendment to Utah Code of Judicial Administration. The comment period expires June 10, 2016.

Summary of Proposed Amendment

Utah Code of Judicial Administration

CJA 04-401.03. Notice to Public of Recording. New. Establishes uniform standards and procedures for notifying the public when court proceedings are being recorded, consistent with Utah Code section 78A-2-208. Effective May 10, 2016 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.

How to View Redline Text of the Proposed Amendment

To see proposed rule amendment 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 is most efficient to submit comments through the website. After clicking on the comment link, you will be asked for your name, which is required, and your email address which need not be your real address. The comment website is public. Each comment must be approved by the site administrator before it will show on the public website. Although all comments will be considered, they will not be acknowledged with a response.

Please submit comments directly through the website.  Should you have any questions, please contact the committee staff person.  The list of committees can be found at: https://www.utcourts.gov/committees/.

Notice of Approved Amendments to Utah Court Rules 2

The Utah Judicial Council and the Utah Supreme Court have approved amendments to the following court rules. The amendments are effective May 1, 2016.

Summary of Approved Amendments 

 Code of Judicial Administration

CJA 3-302 Clerk of Court. Amend. Provides that the clerk’s office shall be open during all business hours except Saturdays, Sundays, and holidays. Provides that during hours of operation the clerk or deputy shall be physically present, or immediately available remotely.

CJA 3-306.01Language access definitions. New. Defines terms applicable to rules 3-306.02 through 3-306.05 of the Utah Code of Judicial Administration. Deletions and additions to the language are redlined.

CJA 3-306.02Language Access Committee. New. Outlines the Language Access Committee’s responsibilities. Deletions and additions to the language are redlined.

CJA 3-306.03.pdfInterpreter certification. New. Outlines the process for becoming a certified interpreter. Provides a process whereby an exception may be made to one or more of the requirements as determined by the Language Access Committee. Reiterates the policy that contract interpreters are independent contractors. Deletions and additions to the language are redlined.

CJA 3-306.04.pdfInterpreter appointment, payment, and fees. New. Outlines the interpreter appointment process. Provides that the Judicial Council will review a market study every three years in order to set hourly rates for interpreters. Deletions and additions to the language are redlined.

CJA 3-306.05.pdfInterpreter removal, discipline, and formal complaints. New. Outlines the interpreter discipline process. Provides that an interpreter may be disciplined for unprofessional conduct, or for being convicted of, or charged with, a crime. Revises the formal complaint process so that following a proposed resolution by the Language Access Program Coordinator, an interpreter may request a hearing before a panel of the Language Access Committee, and may appeal that panel’s decision to the Language Access Committee. Deletions and additions to the language are redlined.

CJA 4-106.pdfElectronic conferencing. Amend. Authorizes the use of remote conferencing in lieu of personal appearances when certain requirements are met.

CJA 4-408.01.pdfResponsibility for administration of trial courts. Amend. Removes Morgan from the list of district courts administered by a county or municipality, since it is administered by the Administrative Office of the Courts.

CJA 4-602.pdfVictims’ Rights Committees. Repeal. Repeals the rule because the process for establishing Victims’ Rights Committees is now outlined by Utah Code section 77-37-5.

CJA 9-105.pdfJustice Court hours. Amend. Provides that during hours of operation, the justice court judge or clerk shall be physically present, or immediately available remotely.

CJA 9-302.pdfMandatory electronic filing. New. Provides that e-filing will be discretionary in justice court criminal cases from July 1, 2016 to December 31, 2016. Provides that e-filing will be mandatory in justice court criminal cases beginning January 1, 2017.

CJA 1-201.pdfMembership – Election. Amend. Provides that Council members are not eligible to be voting members of a Board of Judges of a trial court.

How to View Redline Text of the Amendments

To see approved rule amendments, click on the rule number above, or click on this link to: http://www.utcourts.gov/resources/rules/approved/. Then click on the rule number.