Utah Code 36-35-104. Review of court rules — Criteria
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(1) As used in this section, “court rule” means a proposal for a court rule, a new court rule, or an existing court rule.
Terms Used In Utah Code 36-35-104
- Committee: means the Rules Review and General Oversight Committee. See Utah Code 36-35-101
- Court Rule: means any of the following, whether existing, new, or proposed:(3)(a) rules of procedure, evidence, or practice for use of the courts of this state;(3)(b) rules governing and managing the appellate process adopted by the Supreme Court; or(3)(c) rules adopted by the Judicial Council for the administration of the courts of the state. See Utah Code 36-35-101
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Rule: means an agency rule or a court rule. See Utah Code 36-35-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
(2) The committee may review and evaluate:(2)(a) a submission of:(2)(a)(i) a new court rule; or(2)(a)(ii) a proposal for a court rule; and(2)(b) an existing court rule.(3) If the committee chooses to conduct a review of a court rule as provided under Subsection (2), the review shall be based on the following criteria:(3)(a) whether the court rule is authorized by the state constitution or by statute;(3)(b) if authorized by statute, whether the court rule complies with legislative intent;(3)(c) whether the court rule is in conflict with existing statute or governs a policy expressed in statute;(3)(d) whether the court rule is primarily substantive or procedural in nature;(3)(e) whether the court rule infringes on the powers of the executive or legislative branch of government;(3)(f) the impact of the court rule on an affected person;(3)(g) the purpose for the court rule, and if applicable, the reason for a change to an existing court rule;(3)(h) the anticipated cost or savings due to the court rule to:(3)(h)(i) the state budget;(3)(h)(ii) local governments; and(3)(h)(iii) individuals; and(3)(i) the cost to an affected person of complying with the court rule. - Person: means :