Proposed Amendments to Utah Court Rules

staff : February 18, 2016 12:55 pm : Announcement, Utah Bar News

The Utah Supreme Court and the Utah Judicial Council invite comments to the following proposed amendments to court rules. Unless otherwise noted, the comment period expires April 1, 2016.

Summary of Proposed Amendments

 Appellate Efiling Rules

 The model for e-filing may change as the courts and lawyers gain experience, but the following points describe the main features of the model that we anticipate:

  •          As in the district court and in the juvenile court, e-filing in the appellate courts will be optional when it is available, with mandatory e-filing by lawyers about 2-4 months after that. The AOC will host e-filing. There will be no third-party service providers, as there are in district court.
  •          Self-represented parties will continue to file and serve documents by traditional means, but will be encouraged to e-mail them to the court and to the other parties.
  •          Printed courtesy copies of some briefs will be required. Otherwise only a digital file will be filed.
  •          As in the district court, e-filing a document has the effect of serving the document on other e-filers. Self-represented parties will have to serve and be served using traditional means, which will include email. Unlike URCP 5, service by email on a self-represented party will not require the party’s agreement.
  •         The transcriber will electronically file the transcript, as is now the case.
  •          The record in the review of an administrative agency will be assembled either as a digital or paper file, depending on the capability of the agency, and delivered to the appellate court.
  •         There will be no traditional assembly of the record on appeal from the district court or juvenile court nor an electronic equivalent of assembly into a single digital file. Exhibits offered or introduced as evidence and not electronically filed in the trial court will be sent to the appellate court in the traditional way.
  •          The digital records of the district court and juvenile court will be available to lawyers, self-represented parties and the courts through the courts’ e-filing systems. A digital file of assembled agency records will be available to lawyers, self-represented parties and the courts as a digital file. A paper file of assembled agency records will be checked out of the agency or the appellate court in the traditional manner. The court will print select portions of a digital file for a self-represented party upon request and a showing of need.
  •          Citations in briefs and other appellate filings to the trial court record will be by the number of the document in the trial court docket and the relevant page number within the document. The citation to the trial court record will be a link to the relevant page of the document. Citations to the record of an administrative agency’s digital or paper file will be by citation to the relevant Bates number or page number of the file. The IT department of the AOC has developed an application to simplify the process of creating links, and the application will be publicly available.
  •           A traditional signature on filings will be permitted but not required. The effective signature is the filer’s electronic signature, which is governed by Title 46, Chapter 4, Uniform Electronic Transactions Act. The filer’s electronic signature carries all of the representations and consequences of a traditional signature.

StandingOrder 08. 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.

CJA 05-0201.  Requests for enlargement of time by court recorders and transcribers. Amend.

URAP 003. Appeal as of right: how taken. Amend.

URAP 005. Discretionary appeals from interlocutory orders. Amend.

URAP 009. Docketing statement. Amend.

URAP 010. Motion for summary disposition. Amend.

URAP 011. The record on appeal. Amend.

URAP 012. Transmission of the record. Amend.

URAP 013. Notice of filing by clerk. Amend.

URAP 014. Review of administrative orders: how obtained; intervention. Amend.

URAP 016. The agency record on appeal. New.

URAP 019. Extraordinary writs. Amend.

URAP 020. Habeas corpus proceedings. Amend.

URAP 021. Filing and service. Amend.

URAP 021A. Hyperlinks. New.

URAP 022. Computation and enlargement of time. Amend.

URAP 023. Motions. Amend.

URAP 023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Amend.

URAP 023C. Motion for emergency relief. Amend.

URAP 024. Briefs. Amend.

URAP 025. Brief of an amicus curiae or guardian ad litem. Amend.

URAP 026. Filing and service of briefs. Amend.

URAP 027. Form of briefs. Amend.

URAP 029. Oral argument. Amend.

URAP 034. Award of costs. Amend.

URAP 035. Petition for rehearing. Amend.

URAP 036. Issuance of remittitur. Amend.

URAP 039. Duties of the clerk. Amend.

URAP 041. Certification of questions of law by United States courts. Amend.

URAP 042. Transfer of case from Supreme Court to Court of Appeals. Amend.

URAP 043. Certification by the Court of Appeals to the Supreme Court. Amend.

URAP 047. Transmission of record; joint and separate petitions; cross-petitions; parties. Amend.

URAP 048. Time for petitioning. Amend.

URAP 050. Brief in opposition; reply brief; brief of amicus curiae. Amend.

URAP 051. Disposition of petition for writ of certiorari. Amend.

URAP 053. Notice of appeal. Amend.

URAP 054. Transcript of proceedings. Amend.

URAP 055. Petition on appeal. Amend.

URAP 056. Response to petition on appeal. Amend.

URAP 057. Record on appeal; transmission of record. Amend.

URAP 058. Ruling. Amend.

URAP 059. Extensions of time. Amend.

URAP 060. Judicial bypass appeals. Amend.

 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/utc/rules-comment/2016/02/18/appellate-efiling-rules/, then scroll down to the comment box.

 How to Submit Comments

You can comment by entering your comment in the box and clicking “Post Comment.” Please include the rule number at the beginning of the comment, and your name at the end of the comment. You may view other comments simply by scrolling down. It is most efficient to submit comments through the website. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.

Please submit comments directly through the website or to me at the address listed below. One method of submitting a comment is sufficient. If you email a comment, please list the relevant rule in the message line and include your comment in the message text, not in an attachment.

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Nominees Announced For Garfield County Justice Court Vacancy

staff : February 17, 2016 3:05 pm : Announcement

FOR IMMEDIATE RELEASE

February 17th, 2016

Contact:   Geoffrey Fattah
(801) 578-3994
Cell: (801) 712-4545

NOMINEES ANNOUNCED FOR GARFIELD COUNTY JUSTICE COURT VACANCY

Panguitch, UT—The Garfield County Nominating Commission has selected three nominees for an upcoming vacancy at the Garfield County Justice Court. The position will replace Judge Russell B. Bulkley, who will retire effective March 31st, 2016.

Following are the nominees followed by place of employment and residence:

·         Alan Carl Johnson, South Central Communications OSP Engineer; Panguitch

·         Gary Dene Owens, D&B Real Estate, Bob Orton Trucking and Karla’s Diner owner; Panguitch

·         Honorable Timothy Byrne Smith, Panguitch City Justice Court Judge, Garfield Memorial Hospital Director of Pharmacy; Panguitch

A comment period will be held through March 2nd, 2016, before a final candidate is selected by the Garfield County Commission Chair, who has 30 days to make an appointment. The appointment is subject to ratification by the Garfield County Commission. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Melisse Stiglich, Administrative Office of the Courts, melisses@utcourts.gov.

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Students Can Learn What It’s Like to be a Judge for a Day

staff : February 17, 2016 12:35 pm : Announcement

FOR IMMEDIATE RELEASE

February 17, 2016

Contact: Geoffrey Fattah
(801) 578-3994
Cell:    (801) 712-4545

Students Can Learn What It’s Like to be a Judge for a Day

Salt Lake City —The Utah State Courts are planning the 11th Annual “Judge for a Day,” program in recognition of Law Day, which will be celebrated on May 2, 2016. On May 1, 1958, President Dwight D. Eisenhower proclaimed the first Law Day as a day of national dedication to the principle of government under law.

Utah high school students are selected to participate in the program based on an essay, civic involvement resume or teacher nomination letter. For students who choose to write an essay the Law Day theme is “Miranda: More than Words.”  The words, “you have a right to remain silent,” have become ingrained in popular U.S. culture, but there is more to these constitutional protections. The Law Day theme allows an opportunity to explore a citizen’s rights when taken into police custody.

Students selected to participate in the program will be paired with a judge in one of the state’s eight judicial districts for one day in either April or May. The students will be given a behind-the-scenes look at court operations, which include observing court proceedings and a judge at work.

Students are asked to submit an application form by March 14, 2015. Application forms and additional information are available on the court’s Web site at www.utcourts.gov/media/lawday.

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Nominees Announced for Davis County Justice Court Vacancy

staff : February 11, 2016 1:52 pm : Announcement

FOR IMMEDIATE RELEASE
Contact: Geoffrey Fattah
Feb. 11, 2016
(801) 578-3994

NOMINEES ANNOUNCED FOR DAVIS COUNTY JUSTICE COURT VACANCY

Farmington, Utah—The Davis County Nominating Commission has selected five nominees for an upcoming vacancy at the Davis County Justice Court. The position will replace Judge Jerald L. Jensen.

Following are the nominees followed by place of employment and residence:

  • Richard Lamont Larsen, J.D., Davis County Attorney’s Office, resident of Kaysville
  • Trent Dee Nelson, J.D. MBA, attorney at law, Roy City prosecutor, resident of Kaysville
  • Brandon Lynn Poll, J.D., Davis County Attorney’s Office, Centerville City prosecutor, Clinton City prosecutor, North Salt Lake City prosecutor, resident of South Weber
  • Colin Reed Winchester, J.D., executive director of the Judicial Conduct Commission, resident of Clinton
  • John Carl Ynchausti, J.D., Bountiful City Assistant City Attorney, resident of Bountiful

A comment period will be held through Feb. 24, 2016, before a final candidate is selected by the Davis County Commission Chair, who has 30 days to make an appointment. The appointment is subject to ratification by the Davis County Commission. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Melisse Stiglich, Administrative Office of the Courts, melisses@utcourts.gov.

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Fairview City Justice Court Vacancy Announced

staff : February 5, 2016 3:39 pm : Announcement

FOR IMMEDIATE RELEASE

February 5, 2016
Contact: Geoffrey Fattah
(801) 578-3994
   

FAIRVIEW CITY JUSTICE COURT VACANCY ANNOUNCED

Fairview, Utah—Applications are being accepted for a Justice Court judge position in Fairview City. The position will replace Judge Ivo Peterson who will retire effective July 1, 2016.

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 for the position is $4,763.76 without benefits. For additional information, contact David Taylor at (435) 427-3858.

The deadline for applications is Feb. 25, 2016 at 5 p.m. and should be sent to the attention of Melisse Stiglich, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241, or faxed to (801) 238-7828. For an application or more information, email melisses@utcourts.gov.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to the Mayor of Fairview, Jeffrey Cox, within 45 days of its first meeting. Mayor Cox then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

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Justice John Pearce to Take Oath of Office

staff : January 27, 2016 3:10 pm : Announcement

MEDIA ADVISORY
FOR IMMEDIATE RELEASE Contact: Geoffrey Fattah
January 27, 2016 (801) 578-3994
Cell: (801) 712-4545

JUSTICE JOHN PEARCE TO TAKE OATH OF OFFICE

WHAT: Investiture Ceremony for John A. Pearce as a justice for the Utah Supreme Court

WHO: The Honorable Matthew B. Durrant, Chief Justice of the Utah Supreme Court, will administer the oath of office. Presenters include Governor Gary Herbert and Jennifer Napier-Pearce.

WHEN: Friday, January 29 at 2:00 p.m.

WHERE: Utah Supreme Courtroom, Scott M. Matheson Courthouse, 5th floor.

Note: Due to a large number of attendees anticipated, we will be accepting media pool requests for stills, TV, and radio. Please email requests to: geofff@utcourts.gov

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Garfield County Judge Selection Meeting Planned

staff : January 27, 2016 3:08 pm : Announcement

FOR IMMEDIATE RELEASE

January 27th, 2016
Contact:  Melisse Stiglich
(801) 578-3844

JUSTICE COURT JUDGE SELECTION MEETING PLANNED

Garfield County, UT—The Garfield County Judicial Nominating Commission has scheduled a meeting on February 16th, 2016, to select a candidate for the Garfield County Justice Court to replace Judge Russell B. Bulkley who will retire March 31st, 2016. The commission will begin the meeting at 11:00 a.m. at the Garfield County Courthouse, 55 South Main St., in Panguitch.

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 11:00 a.m. to 11:30 a.m. Following the public hearing, the meeting is closed to allow commission members to select a slate of three to five candidates for the vacancy.

Individuals interested in appearing before the commission should contact Melisse Stiglich at (801) 578-3844 to request an appointment. Information on the Justice Court Nominating Commission members is available at www.utcourts.gov.

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Utah Court Of Appeals Announces A Special Oral Arguments Session At Southern Utah University

staff : January 26, 2016 12:43 pm : Announcement

FOR IMMEDIATE RELEASE

January 26, 2016

THE UTAH COURT OF APPEALS ANNOUNCES A SPECIAL ORAL ARGUMENTS SESSION AT SOUTHERN UTAH UNIVERSITY

WHAT:      The Utah Court of Appeals periodically holds court sessions in other locations to enhance the public’s understanding of the court’s work and to provide the public with an opportunity to see the Court of Appeals in session.

Cases to be heard are as follows:

9:30 a.m. – Bresee v. Barton

9:30 a.m. – JENCO LC v. Perkins Coie LLP

11:30 a.m. – State v. Martinez-Castellanos

The judges will remain after the final oral argument for a question and answer session.

WHEN:      Thursday, January 28, 2016, at 9:30 a.m. to approximately 1:00 p.m.

WHERE:   Southern Utah University
Hunter Conference Center, Gilbert Great Hall
351 West Center Street
Cedar City, Utah

WHO:        Panel Members Include: Honorable Gregory K. Orme, Honorable Stephen L. Roth, Honorable Kate A. Toomey

Members of the public are cordially invited to attend.

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State of the Judiciary Planned for Jan. 25 @ 2:15 p.m.

staff : January 25, 2016 10:31 am : Announcement

MEDIA ADVISORY

Jan. 25, 2016

Contact: Geoffrey Fattah

(801) 578-3994

CHIEF JUSTICE DURRANT TO PRESENT STATE OF THE JUDICIARY

WHAT: 2016 State of the Judiciary Address

WHO: The Honorable Matthew B. Durrant, Chief Justice of the Utah Supreme Court, will address the Senate and the House separately.

WHEN: Monday, Jan. 25: House at 2:15 p.m.; Senate approx. 2:45 p.m.

WHERE: Utah State Capitol

Copies of Chief Justice Durrant’s speech will be distributed to reporters at the Capitol at the start of the address. An electronic copy will be available at (http://www.utcourts.gov/media/news/) following the address.

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Notice of Approved Amendments to Utah Court Rules

staff : January 21, 2016 4:13 pm : Announcement, Utah Bar News

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective January 21, 2016.

Summary of Approved Amendments 

 Rules Governing the Utah State Bar

USB 14-0503. Ethics and Discipline Committee. Amend. Provides for a third committee vice chair. Allows a chair or vice chair of one screening panel to serve on another.
USB 14-0510. Prosecution and appeals. Amend. Describes the role of the screening panel as investigator and fact finder. Requires an OPC summary — if provided to a screening panel — to also be provided to the respondent and to include any additional violations. Allows the respondent to address any additional violations. Permits the screening panel to find additional violations during the hearing. Describes the process by which the respondent may address the additional violations. Requires a formal complaint to be filed if a screening panel finds probable cause for public discipline or if the misconduct is similar to a pending formal complaint. Allows evidence of prior discipline to be presented at the hearing. Allows for multiple cases to be presented to one screening panel. Allows OPC 30 days in which to file a response to respondent’s exceptions. Allows the chair to extend the time in which to file an exception or response so the respondent or OPC can obtain a transcript of the hearing.
USB 14-0517. Additional rules of procedure. Amend. Clarifies that a screening panel chair screens complaints against OPC counsel, committee members and bar commissioners before the appointment of a special counsel.

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.

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Kane County Judicial Vacancy Announced

staff : January 20, 2016 12:07 pm : Announcement

FOR IMMEDIATE RELEASE
Jan. 20th, 2016
Contact: Melisse Stiglich
(801) 578-3800

KANE COUNTY JUSTICE COURT VACANCY ANNOUNCED
Kane County, Utah—Applications are being accepted for a Justice Court judge position in Kane County. The position will replace Judge F. Kirk Heaton who will retire effective June 30th, 2016.

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 position is $25,984.50 to $46,772.10 with benefits. For additional information, contact Rhonda Gant at (435) 644-4929 or by email rgant@kane.utah.gov.

The deadline for applications is Monday, February 8th, 2016 at 5 p.m. and should be sent to the attention of Melisse Stiglich, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241, or faxed to (801) 238-7828. For an application or more information, email melisses@utcourts.gov or visit www.utcourts.gov/admin/jobs.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to Kane County Commission Chair Dirk Clayson within 45 days of its first meeting. Clayson then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

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Davis County Selection Meeting Planned

staff : January 20, 2016 12:05 pm : Announcement

FOR IMMEDIATE RELEASE

January 19th, 2016 

Contact:  Melisse Stiglich  

(801) 578-3844                              

JUSTICE COURT JUDGE SELECTION MEETING PLANNED

Farmington, UT—The Davis County Judicial Nominating Commission has scheduled a meeting on January 28th, 2016, to select a candidate for the Davis County Justice Court to replace Judge Jerald L. Jensen who resigned October 30th, 2015. The commission will begin meeting at 2:00 p.m. at the Davis County Administration Building, 61 South Main Street, in Farmington.

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 2:00 p.m. to 2:30 p.m. Following the public hearing, the meeting is closed to allow commission members to select a slate of three to five candidates for the vacancy.

Individuals interested in appearing before the commission should contact Melisse Stiglich at (801) 578-3844 to request an appointment. Information on the Justice Court Nominating Commission members is available at www.utcourts.gov.

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EBulletin for January 2016

admin : January 13, 2016 2:25 pm : e.Bulletin, Utah Bar President

 

2015_Pres_Angelina_Tsu_blog
I hope your 2016 is off to a great start and that your goals and good intentions have survived the first two weeks! If you have questions or comments about the information below (or any bar-related activities) please do not hesitate to contact me at my bar email address:utahbarpresident.angelinatsu@utahbar.org.

BAR REVIEW

Please join us at the Alta Club this Thursday, January 14th from 5:00-7:30 p.m. as we put a new twist on an old Utah Law tradition: Bar Review—a social gathering for lawyers and judges hosted by the Bar, the Litigation Section, YLD, and ORANGE Legal. Heavy hors d’oeuvres and open bar. There is no cost to attend; RSVP to Kathy Spencer at kspencer@parrbrown.com.

CONTINUING LEGAL EDUCATION

How to Create a Lean Law Practice: Be more efficient to offset high overhead, disruptive technology, and economic changes. Monday, January 25 at the Bar; $35/$20-YLD. Details & registration.

Upcoming section luncheons and CLE seminars.

MENTORING

NLTPThe next New Lawyer Training Program Mentor Training will be January 21, 11:00 a.m. to 1:00 p.m. at the Bar. Free lunch included: 1 ethics and 1 professionalism credit. Register.

NOMINATE AN OUTSTANDING LAWYER FOR AN AWARD

We are seeking nominations for the Dorathy Merrill Brothers Award for the advancement of women in the legal profession and the Raymond S. Uno Award for the advancement of minorities in the legal profession. Submit your nomination in writing to adminasst@utahbar.org by this Friday, January 15. You can also write to Christy Abad, 645 South 200 East, SLC UT 84111 or fax to 801-531-0660. Past award recipients.

Please nominate a deserving mentor for the new Mentoring Awards to be presented at the first Annual Breakfast of Champions on Wednesday, February 24, 8 a.m., at the Alta Club. Please submit your nomination in 400 words or less to Michelle Mumford by January 31.

Woman Lawyers of Utah is seeking nominations for the 2016 Christine M. Durham Woman Lawyer of the Year Award to recognize an outstanding woman member of the Bar for her professionalism, integrity, excellence, and dedication to furthering opportunities for women in the law. E-mail written nominations by 5:00 p.m. February 12.

LOBBYING

We have retained Foxley & Pignanelli to provide lobbying and government relations services in accordance with Utah Court Rule 14-106. The 2016 General Legislative Session convenes January 25. If you are interested in assisting with our legislative efforts, please contact a chair of the Government Relations Committee, your section representative, or our new lobbyists.

ELECTIONS

We are accepting nominations for Bar Commissioners: two members from the Third Division and one member from the Second Division, each to serve a three-year term beginning July 2016.Signed Petitions by ten members per nomination due by February 2 by 5:00 p.m.

LAW DAY

Law Day 2016This year marks the 50th anniversary of Miranda v. Arizona. On May 1 we will explore Miranda rights, as well as the procedural protections afforded to all of us by the U.S. Constitution. Please consider running an ad or writing an article for the Law Day Special Edition in the Deseret News and The Salt Lake Tribune.  Previous Law Day Special Edition. Law Day 2016 content ideas.  Please contact sean.toomey@utahbar.org.

CONVENTIONS2016 Spring Convention

The 2016 Spring Convention schedule is complete; I look forward to seeing you in St. George on March 10-12Registration. Lodging.

It’s time to start thinking about the Summer Convention in San Diego, July 6-9 at Loews Coronado Bay.  Location details.

COURTS

The Utah Supreme Court has made a rule change, extending student practice to second year and expanded cases to include felonies; Bar summary. Rule 14-807.

The Court has also amended Lawyer Discipline and Disability Rule 14-515(e)(1) to allow access to disciplinary records without a waiver from the respondent in limited circumstances. Requires those with access to maintain the confidentiality of the records.

BENEFITS

Explore new offers from InfoArmor, Jackson Hewitt, and Casa when you visit our group benefits site and review the monthly deals (the first time you click on a “View Deal” you will be logged into benefits and subsequent clicks will take you to the specific offer).

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Notice of Proposed Amendments to Utah Court Rules #2

staff : January 12, 2016 10:03 am : Notice, Utah Bar News

The Utah Supreme Court invites comments to the following proposed amendments to court rules. The comment period expires March 1, 2016.

Summary of Proposed Amendments

Rules Governing the Utah State Bar

USB 14-0807. Law student and law graduate legal assistance. Amend. Subject to some limitations, permits 2L and 3L students, as well as recent graduates within the year following graduation, to practice under the rule. Expands the areas in which students and graduates may practice. Effective January 6, 2016 under rule 11-105(5) of the Utah Code of Judicial Administration. Subject to change after the comment period.

Rules of Evidence

URE 0511. Insurance Regulators. New. Creates a privilege for insurance regulators.

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 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. 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 I will publish it as soon as possible.

Please submit comments directly through the website or to me at the address listed below. One method of submitting a comment is sufficient. If you email a comment, please list the relevant rule in the message line and include your comment in the message text, not in an attachment.

Comments are closed

Notice of Approved Amendments to Utah Court Rules #1

staff : January 12, 2016 10:01 am : Notice, Utah Bar News

The Utah Supreme Court has approved amendments to the following court rules. Unless otherwise noted, the amendments are effective May 1, 2016.

Summary of Approved Amendments 

Rules of Appellate Procedure

URAP 021. Filing and service. Amend. Provides that if a filing including an addendum contains non-public information, the filer must also file a redacted version of the filing.
URAP 038A. Withdrawal of counsel. Amend. Requires that appointed appellate counsel represent a client through the first appeal as of right.
URAP 040. Attorney’s or party’s certificate; sanctions and discipline. Amend. Provides that a person may sign a document using any form recognized by law as binding. Provides that by signing a document, a person makes certain representations to the court including that a filing made under rule 21(g) does not contain non-public information.

Rules Governing the Utah State Bar

The following proposals address changes to the Bar admissions rules. The proposed changes are primarily a reorganization of the current rules to make them easier for applicants to understand. Redundant sections of the rules were deleted and consolidated. There also are numerous changes proposed for consistency, form and clarification. Substantive changes include a change in the definition of “Active Practice” in Rule 14-701, the consolidation of all review procedures under Rule 14-715, and changes to timing of motions for admissions, the ceremony and taking of the oath of attorney in rules 14-707 and 14-716.
USB 14-0701. Definitions. Amend.
USB 14-0703. Qualifications for admission of Student and Foreign Law School Applicants. Amend.
USB 14-0704. Qualifications for admission of Attorney Applicants. Amend.
USB 14-0705. Admission by motion. Amend.
USB 14-0706. Test accommodations. Amend.
USB 14-0707. Application; deadlines; withdrawals; postponements and fees. Amend.
USB 14-0708. Character and fitness. Amend.
USB 14-0709. Application denial. Amend.
USB 14-0710. Administration of the Bar Exam. Amend.
USB 14-0711. Grading and passing of the Bar Exam. Amend.
USB 14-0712. Qualifications for admission based on UBE. Amend.
USB 14-0715. Bar Examination appeals. Amend.
USB 14-0716. License fees; enrollment fees; oath and admission. Amend.
USB 14-0717. Readmission after resignation or disbarment of Utah attorneys. Amend.
USB 14-0718. Licensing of Foreign Legal Consultants. Amend.
USB 14-0719. Qualifications for admission of House Counsel Applicants. Amend.

Rules Governing the Utah State Bar

USB 14-0807. Law student and law graduate legal assistance. Amend. Subject to some limitations, permits 2L and 3L students, as well as recent graduates within the year following graduation, to practice under the rule. Expands the areas in which students and graduates may practice. Effective January 6, 2016 under rule 11-105(5) of the Utah Code of Judicial Administration. Subject to change after the comment period.

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.

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