Notice of Approved Amendments to Utah Court Rules

Summary of amendments

Effective January 1, 2013

    • CJA 03-0202. Court referees prohibited. Amend. In conjunction with Rule 4-704, prohibits courts from appointing court referees by whatever title, and permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
    • CJA 04-0502. Expedited procedures for resolving discovery issues. Renumber CJA 10-1-306 and amend. Repeal CJA 10-1-201 and CJA 10-1-406. Describes a process for resolving discovery disputes quickly to minimize the impact on time to complete discovery.
    • CJA 04-0704. Authority of court clerks. Amend. Permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.

Effective April 1, 2013

  • CJA 02-0204. Local supplemental rules. Amend. Modifies the process by which local rules are approved.
  • CJA 04-0202.01. Definitions. Amend. Excludes from the definition of a “record” documents prepared or received by a person in the person’s private capacity and documents that do not relate to the public’s business.
  • CJA 04-0202.02. Records classification. Amend. Removes investigative subpoenas from the list of protected records. Section 77-22-2 will regulate access to investigative subpoenas. Changes the classification of PSI reports from private to protected. Designates additional circumstances in which the name of a minor is public. Classifies as “protected” records subject to the attorney client privilege.
  • CJA 04-0202.03. Records access. Amend. Clarifies who has access to a private or a protected court record.
  • CJA 04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Amend. Permits releasing non-public records for research purposes if the interests favoring the research are greater than or equal to the interests favoring closure.
  • CJA 04-0405. Juror and witness fees and expenses. Amend. Requires prosecutors to certify to the number of miles for which a witness is entitled to payment.
  • CJA 04-0409. Council approval of Problem Solving Courts. Amend. Regulates ex parte communication in problem solving courts, as recognized by the Code of Judicial Conduct and consistent with the signed agreement. Removes from the rule several justice courts no longer running DUI courts.

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 on the dates indicated. Updated versions of the rules will be posted to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.

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