Utah Court Rules – Published for Comment
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Posted: May 14, 2015
URCrP 038. Appeals from justice court to district court. Amend. The proposed amendment creates a process for justice court defendants to file a motion reinstating the time for appeal, consistent with Manning v. State. The proposed amendment also eliminates the requirement for justice courts to send copies of documents to the district court when an appeal is filed.
Posted: October 1, 2014
URCrP 002. 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.
URCrP 004. 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.
URCrP 012. 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.
URCrP 014. 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.
URCrP 016. 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.
URCrP 017. 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.
URCrP 021A. 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.
URCrP 022. 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.
URCrP 024. 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.
URCrP 026. 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.
URCrP 027. 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.
URCrP 027B. 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.
URCrP 028. 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.
URCrP 029. 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.
URCrP 029A. 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.
URCrP 038. 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.
Posted: May 27, 2014
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.
URCrP 038. Appeals from justice court to district court. Amend. Eliminates the requirement that the court transmit a certified copy of the appeal packet to the district court as notification will occur electronically. Creates a standard for reinstating a dismissed appeal. Clarifies that a motion to reinstate the appeal may be made within a reasonable time after dismissal.
URCrP 040. Search warrants. Amend. Conforms the rule to HB 70 by incorporating the standards of probable cuase and a reasonable belief that harm may occur.
Posted: January 24, 2014
URCrP 007. Proceedings before magistrate. Amend. Conforms the rule to existing practices. Authorizes a magistrate to issue a material witness warrant at the same time bail is fixed. Clarifies that a material witness may not be detained if the person cannot post bail and that the witness’s testimony may be taken by deposition.
URCrP 038. Appeals from justice court to district court. Amend. Reflects that citations are now efiled and, therefore, that an abstract of a citation will be included in the record on appeal.
URCrP 040. Search warrants. Amend. Makes all sealed search warrants public after six months. The prosecutor or law enforcement officer may apply for additional six month sealing periods. If documents have been sealed for three years or more, an individual may seek to indefinitely seal the documents.
Posted: June 21, 2013
URCrP 007. Proceedings before magistrate. Amend. Reduces from 48 hours to 24 hours the time within which a judge must determine probable cause after a warrantless arrest.
Posted: December 11, 2012
URCrP 007. Proceedings before magistrate. Amend. Authorizes a magistrate to issue a material witness warrant at the same time bail is fixed.
URCrP 040. Search warrants. Amend. Makes all sealed search warrants public after six months. The prosecutor or law enforcement officer may apply for additional six month sealing periods.
Posted: May 1, 2012
URCrP 027A. Stays pending appeal from a court not of record- appeals for a trial de novo. New. Governs the procedures for stays pending the appeal of a final decision in a justice court. Does not apply to DUI cases. Includes circumstances in which a stay may be denied. Sets forth the conditions that a justice court may impose as a part of the stay. Effective on the same day as S.B. 214, the legislation that prompted this rule. Effective May 7, 2012 under Rule 11-105(5).
URCrP 027B. Stays pending appeal from a court not of record- hearings de novo, DUI, and reckless driving cases. Renumber Rule 27A and amend. Applies in DUI cases and appeals of hearings de novo. Contains essentially the same criteria that existed in previous Rule 27A. Effective on the same day as S.B. 214, the legislation that prompted this rule. Effective May 7, 2012 under Rule 11-105(5). Subject to change after the comment period.
Supreme Court Order
Posted: April 3, 2012
URCrP 007. Proceedings before magistrate. Amend. Creates a process for review by the court when someone is arrested on a material witness warrant.
URCrP 029. Disability and disqualification of a judge or change of venue. Amend. Clarifies that a request to submit for decision is not required on a motion to disqualify. The amendment also states that other parties may not file a response to the motion.
Posted: December 2, 2011
URCrP 007. Proceedings before magistrate. Amend. Implements the Supreme Court’s decision in State v. Hernandez, 2011 UT 70, requiring preliminary hearings in class A misdemeanors.
URCrP 036. Withdrawal of counsel. Amend. Requires counsel to include in a motion to withdraw a certification that withdrawal is consistent with the rules of professional conduct.
Posted: August 3, 2011
URCrP 004. Prosecution of public offenses. Amend. Allows prosecutors to add or change charges before trial as long as the substantial rights of the defendant are not prejudiced.