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The following rule changes have been adopted by the Supreme Court or Judicial Council with an effective date of November 1, 2000. The information is intended to alert Bar
members to changes that may be of interest and is not an inclusive list of all changes made. Further information may be found in the following sources:
Code-Co. Web Site: http://www.code-co.com/ Intermountain Commercial Record Pacific Reporter Advance Sheets 2000 Utah Court Rules Annotated Supplement Utah State Courts Web Site: http://courtlink.utcourts.gov/rules/
DIGEST OF AMENDMENTS
RULES OF CIVIL PROCEDURE
Rule 10. Form of pleadings and other papers. Amends to require court commissioner's name in caption if applicable.
Rule 12. Defenses and objections. Clarifies time for filing non-resident defendant's answer; states that a motion directed to fewer than all of the claims in a pleading does
not affect time for responding to remaining claims.
Rule 26. General provisions governing discovery. Requires movant for discovery protective order to certify that movant has in good faith conferred or attempted to confer with
other affected parties to resolve the issue without court action.
Rule 37. Failure to make or cooperate in discovery; sanctions. Amends to incorporate change to Rule 26 and to clarify applicability to initial disclosure requirement.
Rule 45. Subpoena. Changes reference to subpoena form.
Rule 64D. Garnishment. Changes provisions for garnishee to pay property subject to garnishment directly to judgment creditor or judgment creditor's attorney.
Form 40. Subpoena. Adds "Notice to Persons Arranging to Serve a Subpoena" to form.
RULES OF APPELLATE PROCEDURE
Rule 44. Transfer of improperly pursued appeals. Adds petitions for permission to appeal from an interlocutory order to list of cases which may be transferred
RULES OF JUVENILE PROCEDURE
Rule 5. Definitions. Adds definition of "Abuse, neglect, and dependency."
Rule 16. Venue; transfer of cases. Changes name of rule and removes venue provisions.
Rule 18. Summons; service of process; notice. Adds requirements for the content of summons in abuse, neglect, and dependency cases; allows service at a court hearing.
Rule 19. Responsive pleadings and motions. Adds provision governing the answer to an abuse, neglect, and dependency petition; adds provision for requesting an expedited
hearing.
Rule 20. Discovery. Amends to reflect addition of Rule 20A.
Rule 20A. Discovery in non-delinquency proceedings. New rule governing discovery in non-delinquency proceedings.
Rule 27A. Admissibility of Statements Given by Minors. Adds new rule concerning admissibility of certain statements.
Rule 34. Pre-trial hearing in non-delinquency cases. Removes ability for respondent to enter a general denial.
Rule 43. Evidence. Removes provision now governed by new Rule 27A.
CODE OF JUDICIAL ADMINISTRATION
Rule 3-304. Official court reporters. Adds requirements for format of transcripts of court proceedings.
Rule 4-206. Exhibits. Adds provision concerning storage of exhibits not suitable for filing or transmission to appellate court.
Rule 6-406. Opening sealed adoption files. Adds provision governing judicial assignment of petitions to open sealed adoption files.
Rule 11-202. Judges pro tempore. Adds process governing appointment of judges pro tem for six month period.
Rule 11-302. Admission Pro Hac Vice. Adds requirement that associate counsel be resident of state of Utah.
OTHER AMENDED CODE OF JUDICIAL ADMINISTRATION RULES
Rule 3-108. Judicial assistance.
Rule 3-113. Senior judges.
Rule 3-306. Court Interpreters.
Rule 3-403. Judicial branch education.
Rule 4-202.08. Fees for records, information, and services.
Rule 11-101. Supreme court's rulemaking process.
Rule 11-201. Senior judges.
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