Category: -Rules of Criminal Procedure

Rules of Criminal Procedure – Comment Period Closed February 23, 2019

URCrP007B. The proposed amendment states that a motion to quash a bindover will be decided by the judge to whom the case is assigned after bindover.

URCrP016. The proposed amendments create greater specificity about the information that must be disclosed by the prosecution and by the defense. And the proposed amendments expand on the consequences for failing to disclose information.

URCrP027. The proposed amendments will allow a defendant to seek a stay upon filing a motion for a new trial.

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Rules of Criminal Procedure – Comment Period Closed August 5, 2018

URCrP007C. Amend. The amendments to rule 7C will bring the rule in line with current practices. The rule clarifies the processes for securing a material witness’s testimony.

URCrP008. Amend. The amendments to rule 8 will make the rule consistent with developments in the law. The amendments will also require trial courts of record to appoint counsel on appeal from the roster maintained by the Board of Appellate Court Judges.

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Rules of Criminal Procedure – Comment Period Closed January 14, 2018

URCrP012  Amend.   The proposed amendment will require service of pleadings on the Attorney General’s Office or the county or city attorney’s office when a party challenges the constitutionality of a statute or ordinance.

 

URCrP022  Amend.  One amendment will require a court to notify a defendant at sentencing of the right to counsel for an appeal.  Another amendment adds state law to the warning to be given in domestic violence cases.

 

URCrP036  Amend.  This amendment will allow defense counsel to be able to make an oral motion to withdraw from the case after judgment is entered.

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Rules of Civil Procedure, Criminal Procedure, Code of Judicial Administration – Comment Period Closed January 11, 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 or 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

CJA09-0109   Presiding judges.  New.  Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges and associate presiding judges for justice courts.

 

 

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Rules of Criminal Procedure – Comment Period Closed August 11, 2017

URCrP 007 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.

URCrP 007A New. The rule addresses procedures for class B & C misdemeanors and infractions. The rule also adds specific provisions on pretrial release conditions.

URCrP 007B New. The rule addresses preliminary hearings. The rule generally reflects existing language.

URCrP 007C New. The rule addresses the procedures for material witnesses. The rule generally follows existing language.

URCrP 009 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.

URCrP 009A New. The rule creates procedures for arrests pursuant to a warrant and includes specific procedures on pretrial release decisions.

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Rules of Criminal Procedure – Comment Period Closed January 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.

URCrP004, 4a, 4b Committee Note The note explains the changes that are made in response to comments received.

URCrP006 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 issuing warrants and summones.

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

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