Category: -Rules of Criminal Procedure

Rules of Civil Procedure, Rules of Criminal Procedure, Code of Judicial Administration – Effective April 1, 2018

Utah Rules of Civil Procedure

URCP063. Disability or disqualification of a judge. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the reviewing or assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.

Utah Rules of Criminal Procedure

URCrP029. Disability and disqualification of a judge or change of venue. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.

Utah Code of Judicial Administration

UCJA09-0109. Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges, associate presiding judges, and education directors for justice courts. Effective April 1, 2018 pursuant to UCJA Rule 2-205.

Supreme Court Order – rule 63

Supreme Court Order – rule 29

Supreme Court Order – rule 9-109

 

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Rules of Criminal Procedure – Effective May 1, 2018

URCrP007 Amend. The provisions in existing rule 7 are being divided into separate rules, each dealing with a different subject. Rule 7 will now address initial proceedings for class A misdemeanors and felonies.

URCrP007A New. The rule addresses procedures for class B & C misdemeanors and infractions. The rule also adds specific provisions on pretrial release conditions.

URCrP007B New. The rule addresses preliminary hearings. The rule generally reflects existing language.

URCrP007C New. The rule addresses the procedures for material witnesses. The rule generally follows existing language.

URCrP009 New. The new rule 9 will establish procedures for warrantless arrests. Of particular interest to practitioners may be the time-frames related to pretrial release decisions and deadlines for filing informations.

URCrP009A New. The rule creates procedures for arrests pursuant to a warrant and includes specific procedures on pretrial release decisions.

Supreme Court Order

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Rules of Criminal Procedure – Effective May 1, 2017

URCrP004 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for filing informations.

URCrP004A New. The proposed new rule will address the process for prosecutions commenced by indictment.

URCrP004B New. The proposed new rule will address the process for prosecutions commenced by citation.

URCrP029 Amend. The proposed amendment will eliminate the presiding officer of the Judicial Council as a person to whom disqualification affidavits may be referred.

Supreme Court Order

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Rules of Criminal Procedure – Effective May 1, 2017

URCrP011 Amend. Clarifies the warning judges must give to defendants in domestic violence cases.

URCrP018 Amend. The proposed amendment replaces the current language on alternate jurors.  The language is borrowed from the federal rules.  The primary motivation behind the change is to eliminate the requirement that alternate jurors be discharged when the jury retires to deliberate.

URCrP022 Amend. The proposed changes to the rule will set out in more detail the circumstances under which a court may correct a sentence.

URCrP038 Amend.  The proposed amendment clarifies that a defendant may withdraw an appeal prior to entry of a plea of guilt or prior to commencement of trial.

Supreme Court Order

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Rules of Criminal Procedure – Effective November 1, 2015

URCrP002 Time. Amend. Changes the way time will be computed, marking time in calendar days, rather than business days. Includes a provision for counting times stated in hours.
URCrP004 Prosecution of public offenses. Amend. Requires prosecutors to list the citation number on an information if a citation was previously issued in the case in order to ensure that cases can be consolidated when they are electronically filed. Makes technical changes.
URCrP012 Motions. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP014 Subpoena. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP016 Discovery. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP017 The trial. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP021A Presentence investigation reports; Restitution. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP022 Sentence, judgment and commitment. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP024 Motion for new trial. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP026 Written orders, judgments and decrees. Amend. Requires the court to prepare the final judgment and sentence. Requires litigants to submit motions and orders as separate documents. Makes technical changes.
URCrP027 Stays of sentence pending appeals from courts of record. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP027B Stays pending appeal from a court not of record – hearings de novo, DUI, and reckless driving cases. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP028 Disposition after appeal. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP029 Disability and disqualification of a judge or change of venue. Amend. Establishes a process for change of venue in justice courts. Clarifies the change of venue process in courts of record. Makes technical changes.
URCrP029A Change of judge as a matter of right. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP038 Appeals from justice court to district court. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
Supreme Court Order

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Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Changes the time for probable cause from 48 hours to 24 hours after the arrest. Requires that the magistrate release the arrestee after 24 hours unless the officer is able to establish that the delay was caused by a bona fide emergency or other extraordinary circumstances.
Supreme Court Order.

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