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

(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:
(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.

Legislative History

Renumbered and Amended by Chapter 178, 2024 General Session