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.

Rules of Civil Procedure

Rule 009 Pleading special matters. Amend. Removes the paragraph regarding a petition to renew a judgment. The process to renew a judgment is governed by proposed Rule 58C and the Judgment Renewal Act. Adopts much of the style and grammar of the federal rule.

Rule 013 Counterclaim and cross-claim. Amend. Deletes paragraphs (e), (i) and (j). Amending a pleading to add a counterclaim, regardless of the reason it was omitted, is properly governed by Rule 15. Adopts many of the grammar and style amendments of the federal rule.

Rule 026.01 Disclosure and discovery in domestic relations actions. Amend. Amends the disclosure deadlines to conform to Rule 26.

Rule 026.03 Disclosure in unlawful detainer actions. New. Regulates disclosures in an action for eviction or damages arising out an unlawful detainer by a residential tenant.

Rule 041 Dismissal of actions. Amend. Removes the provision for ruling against a plaintiff for failure to prove a right to relief, a similar but broader provision having been added to Rule 52, as in the federal rules. Adopts much of the style and grammar of the federal rule.

Rule 058C Motion to renew judgment. New. In conjunction with the Judgment Renewal Act and the amendment to Rule 9, describes the process for renewing a judgment.

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 New Rules to Utah Rules of Criminal Procedure

The Utah Supreme Court invites comments to the following proposed new rules to Utah Rules of Criminal Procedure. The comment period expires October 29, 2016.

Utah Rules of Criminal Procedure

Rule 004A The proposed new rule establishes procedures for cases initiated by indictment.

Rule 004B The proposed new rule establishes procedures for cases initiated by citation.

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/.

Thank you.

e.Bulletin for January 2014

MESSAGE FROM PRESIDENT CURTIS M JENSEN

commissioner_Jensen_CurtisOn behalf of the Utah State Bar Board of Commissioners and all members of the Utah State Bar, I want to extend a personal thanks to the following for their wonderful expertise and resources, diligent efforts, and assistance in recommending the new Association Management and Database Migration System for the Bar: The Honorable David O. Nuffer, United States District Court for the District of Utah; Ron Bowmaster, CIO of the Utah State Courts; David Clark, CIO at Kirton McConkie; Douglas French, CIO at Ray Quinney & Nebeker; and Lincoln Mead, I.T. Director, Utah State Bar. The Commissioners have been studying this issue for a couple of years. A committee was thereafter formed to make final review and recommendations once the Commissioners received word from the Bar’s current database provider that it would no longer be providing such services after the spring of 2014. After receiving the recommendation of the committee for three new software packages for admissions, the OPC, and membership, the Commissioners and staff have accepted the committee’s recommendation. We were especially pleased that there was neutral budget impact when looking at the seven-plus-year life of the new software vs. old. I believe we have made the proper choice and will be acquiring the best system to enhance and benefit our members for years to come.

We’re getting good feedback on our Group Benefits Program listed under Site Highlights at www.utahbar.org. These new benefits are available at no cost to you and your families (or to the Bar), providing discounts for hundreds of local and national brands, stores, programs, and services. New vendors added in the past month are: Avis Car Sales, Good Sam Ventures, 2 Degrees Food, eKnowledge, University of Colorado Boulder, Eve’s Addiction, Red Cross Wellness Program, ThinkOps, Luggage Designers, Kollege Town Sports, OGIO, and AV Law. Please suggest additional products or services (see Nominations in lower left).

We are creating a new page on our website for members to provide perspectives on current legal issues as a public service. Please send any submissions to communications@utahbar.org and include: title, firm, publication date, synopsis for a non-lawyer reader (150 word max), and link to full article (required).

We would like to acknowledge our members who have remained in the legislature this year, helping draft statutes that pass constitutional muster and avoid ambiguity. The lawyer legislators in the House are: Patrice M. Arent, LaVar Christensen, Brian M. Greene, Craig Hall, Kenneth R. Ivory, Michael S. Kennedy, Brian S. King, Daniel McCay, Kay L. McIff, Mike K. McKell, Merrill F. Nelson, Kraig J. Powell, V. Lowry Snow, Keven J. Stratton, and Earl D. Tanner. The lawyer legislators in the Senate are: Lyle W. Hillyard, Mark B. Madsen, Stephen H. Urquhart, John L. Valentine, and Todd Weiler. Please see photos and brief bios in the Jan/Feb Bar Journal. Also thanks to our Governmental Relations Committee, co-chaired by John H. Bogart and Paxton R. Guymon, which monitors legislation for appropriate Bar input.

Volunteers are needed for the West Jordan Middle School We the People program. Attorneys will judge student speeches this Wednesday, January 15. If you can help, please contact krista.gibbons@jordandistrict.org.

(more…)

January 2014 e.Bulletin

MESSAGE FROM PRESIDENT CURTIS M JENSEN

On behalf of the Utah State Bar Board of Commissioners and all members of the Utah State Bar, I want to extend a personal thanks to the following for their wonderful expertise and resources, diligent efforts, and assistance in recommending the new Association Management and Database Migration System for the Bar: The Honorable David O. Nuffer, United States District Court for the District of Utah; Ron Bowmaster, CIO of the Utah State Courts; David Clark, CIO at Kirton McConkie; Douglas French, CIO at Ray Quinney & Nebeker; and Lincoln Mead, I.T. Director, Utah State Bar. The Commissioners have been studying this issue for a couple of years. A committee was thereafter formed to make final review and recommendations once the Commissioners received word from the Bar’s current database provider that it would no longer be providing such services after the spring of 2014. After receiving the recommendation of the committee for three new software packages for admissions, the OPC, and membership, the Commissioners and staff have accepted the committee’s recommendation. We were especially pleased that there was neutral budget impact when looking at the seven-plus-year life of the new software vs. old. I believe we have made the proper choice and will be acquiring the best system to enhance and benefit our members for years to come.

We’re getting good feedback on our Group Benefits Program listed under Site Highlights at www.utahbar.org. These new benefits are available at no cost to you and your families (or to the Bar), providing discounts for hundreds of local and national brands, stores, programs, and services. New vendors added in the past month are: Avis Car Sales, Good Sam Ventures, 2 Degrees Food, eKnowledge, University of Colorado Boulder, Eve’s Addiction, Red Cross Wellness Program, ThinkOps, Luggage Designers, Kollege Town Sports, OGIO, and AV Law. Please suggest additional products or services (see Nominations in lower left).

We are creating a new page on our website for members to provide perspectives on current legal issues as a public service. Please send any submissions to communications@utahbar.org and include: title, firm, publication date, synopsis for a non-lawyer reader (150 word max), and link to full article (required).

We would like to acknowledge our members who have remained in the legislature this year, helping draft statutes that pass constitutional muster and avoid ambiguity. The lawyer legislators in the House are: Patrice M. Arent, LaVar Christensen, Brian M. Greene, Craig Hall, Kenneth R. Ivory, Michael S. Kennedy, Brian S. King, Daniel McCay, Kay L. McIff, Mike K. McKell, Merrill F. Nelson, Kraig J. Powell, V. Lowry Snow, Keven J. Stratton, and Earl D. Tanner. The lawyer legislators in the Senate are: Lyle W. Hillyard, Mark B. Madsen, Stephen H. Urquhart, John L. Valentine, and Todd Weiler. Please see photos and brief bios in the Jan/Feb Bar Journal. Also thanks to our Governmental Relations Committee, co-chaired by John H. Bogart and Paxton R. Guymon, which monitors legislation for appropriate Bar input.

Volunteers are needed for the West Jordan Middle School We the People program. Attorneys will judge student speeches this Wednesday, January 15. If you can help, please contact krista.gibbons@jordandistrict.org.

(more…)