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Rule 4-403.  Electronic signature and signature stampuse.

Intent:

To establish a uniform procedure for the use of judges' andcommissioners' electronic signatures and signature stamps.

Applicability:

This rule shall apply to all trial courts of record and not ofrecord.

Statement of the Rule:

(1)     A clerk may, with the priorapproval of the judge or commissioner, use an electronic signature or signaturestamp in lieu of obtaining the judge's or commissioner's signature on thefollowing:

(1)(A)   bail bondsfrom approved bondsmen;

(1)(B)   bench warrants;

(1)(C)   civil orders for dismissal whensubmitted by the plaintiff in uncontested cases or when stipulated by bothparties in contested cases;

(1)(D)   civil orders for dismissal pursuantto Rule 4-103, URCP 3 and URCP 4(b);

(1)(E)   orders toshow cause and orders to appear/attend under URCP 7A(c)(4) and URCP 7B(c)(4);

(1)(F)   orders to take into custody;

(1)(G)   summons;

(1)(H)   supplemental procedureorders;

(1)(I)    orders setting dates for hearing andfor notice;

(1)(J)   orders on motions requesting theDepartment of Workforce Services (DWS) to release information concerning adebtor, where neither DWS nor the debtor opposes the motion;

(1)(K)   orders fortransportation of a person in custody to a court hearing, including writsof habeas corpus ad prosequendum and testificandum; and

(1)(L)   orders appointing a court visitor.

(2)     When a clerk is authorized to usea judge?s or commissioner?s electronic signature or signature stamp as providedin paragraph (1), the clerk shall sign his or her name on the document directlybeneath the electronic signature or stamped imprint of the judge's orcommissioner's signature.

(3)     The electronic signature of ajudge may be automatically affixed to the following documents without the needfor specific direction from the assigned judge when issued using a formapproved by the Judicial Council;

??????? (3)(A)   a domestic relations injunction issued under URCP 109;

??????? and

??????? (3)(B)   an automatic expungement order issued under Utah Code ?77-40-114.

(4)     All other documents requiringthe judge's or commissioner's signature shall be personally signed bythe judge or commissioner, unless the judge or commissioner, on a document bydocument basis, authorizes the clerk to use the judge'sor commissioner's electronic signature or signature stamp in lieu of thejudge's or commissioner's signature. On such documents, the clerk shallindicate in writing that the electronic signature or signature stamp was usedat the direction of the judge or commissioner and shall sign his or her namedirectly beneath the electronic signature or stamped imprint of the judge's orcommissioner's signature.

Effective May 24, 2021