Utah Sup. Ct. R. Prof. Prac. 11-103

As amended through October 28, 2024

Rule 11-103 - Rulemaking Procedures

Intent:

To establish procedures for disseminating proposed rules to the Utah State Bar, Judiciary, interested groups, and members of the public.

Applicability:

This rule shall apply to the Supreme Court, theAdministrative Office of the Courts, and the Supreme Court advisory committees.

Statement of the Rule:

(1) Submission of final rules recommendations. Each advisory committee shall vote upon and finalize its recommendations and any proposed committee notes for public comment and submit them to the Supreme Court to be approved for public comment. If approved by the Supreme Court, the committee shall submit the rules to the Administrative Office of the Courts for publication and distribution.

(2) Publication. The Administrative Officeof the Courts shall publish the final committee recommendations and anyproposed committee notes for a 45-day comment period. The purpose of thecomment period shall be to solicit written comment concerning the committees' recommendations.

(3) Distribution. Copies of proposed rulesand any advisory committee notes shall be distributed as provided in Rule 11-106.

(4) Comment. Written comment shall besubmitted to the Administrative Office of the Courts.

(5) Committee review. Upon the expiration ofthe comment period, the Administrative Office of the Courts shall compile allof the written comment received and forward it to the appropriate committeechair. The chair shall convene a meeting of the committee for the purpose ofreviewing the public comment and discussing and voting upon appropriatemodifications to the rules. If after receiving public comment, a committee makes substantial modifications to the proposed rule, the committee shall submit the rule to the Supreme Court to be approved for public comment. If approved by the Supreme Court, the committee shall submit the modified rule to the Administrative Office of the Courts for re-publication and further public comment.

(6) Transmittal. Once the committee hasreviewed the public comment and voted upon the final modifications to theproposed rules and committee notes, it shall submit a letter of transmittal tothe Supreme Court with a copy of the committee's final proposals, a summary ofthe public comment and the committee's recommendations in response to thecomment.

(7) Expedited Procedures. The Supreme Court may shorten the public comment period if it determines that the administration of justice requires a proposed rule change to be expedited and that appropriate notice to the public can still be provided and public comment obtained. The Supreme Court may also eliminate public notice and comment for a technical or conforming amendment if the Court determines that they are unnecessary.

Utah. Sup. Ct. R. Prof. Prac. 11-103

Amended effective 5/1/2017; amended effective 11/1/2017.