Utah Code Jud. Admin. R. 3-117

Intent:

To establish a committee to determine the need for forms and to create forms for use by litigants in all court levels.

Applicability:

This rule applies to the judiciary.

Statement of the Rule:

(1) Scope of Committee Work. The committee will have exclusive responsibility within the judiciary over all forms that require written input or are commonplace and require action from litigants. Pretrial orders, checklists, and documents generated by decision-makers that do not require written input from litigants are beyond the scope of the committee. The committee may also draft legal forms that do not contemplate litigation yet expand access to justice. The committee may delegate its responsibility for certain groups of forms as it deems appropriate.

(2) Current and new forms. The committee will review current forms, assess the need for new court forms, and create and revise forms as it deems necessary for use by parties and practitioners at all court levels, including forms for the court document assembly program. The committee will also adopt procedures for the recommendation of translation of forms into other languages.

(3) Approval and use of forms. Unless directed otherwise, the Council delegates final approval authority to the committee for all forms, except those used by Licensed Paralegal Practitioners. Objections to approved forms may be raised with the Council by the committee or Boards. Courts must accept committee-approved forms, unless a judge or commissioner makes a determination that the form is not legally sufficient.

(4) Format and content. Forms should be:

(4)(A) drafted to center the needs of self-represented litigants and promote and expand access to justice;

(4)(B) written in plain language;

(4)(C) grounded in legal authority, reviewed for legal correctness, and reference applicable statutes and rules;

(4)(D) standardized across the state where practicable;

(4)(E) structured to eliminate redundancy and unnecessary steps; and

(4)(F) user-tested when practicable.

(5) Organizing forms. The State Law Librarian will be responsible for maintaining and organizing the forms.