36-35-104. Review of court rules -- Criteria.

241 words·~1 min read·/ut/title-36/chapter-35/36-35-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)As used in this section, "court rule" means a proposal for a court rule, a new court rule, or an existing court rule.

(2)The committee may review and evaluate:

(a)a submission of:

(i)a new court rule; or

(ii)a proposal for a court rule; and

(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:

(a)whether the court rule is authorized by the state constitution or by statute;

(b)if authorized by statute, whether the court rule complies with legislative intent;

(c)whether the court rule is in conflict with existing statute or governs a policy expressed in statute;

(d)whether the court rule is primarily substantive or procedural in nature;

(e)whether the court rule infringes on the powers of the executive or legislative branch of government;

(f)the impact of the court rule on an affected person;

(g)the purpose for the court rule, and if applicable, the reason for a change to an existing court rule;

(h)the anticipated cost or savings due to the court rule to:

(i)the state budget;

(ii)local governments; and

(iii)individuals; and

(i)the cost to an affected person of complying with the court rule.

Renumbered and Amended by Chapter 178 , 2024 General Session