(a) Motions.An application to the court for an order shall be by motion, which,
(b) Requestto Submit for Decision. If neither party has advised the court of the
Request to Submit is filedit shall be a separate pleading so captioned. The Request
Submit for Decision shall state the date on whichthe motion was served, the date the
(c) Time forfiling specified motions. Any defense, objection or request,
without the trial of the generalissue may be raised prior to trial by writtenmotion.
(1) The following shall be raised at least 7 daysprior to the trial:
(A) defensesand objections based on defects in the indictment or
(B) motions to suppress
(C) requestsfor discovery where allowed;
(D) requestsfor severance of charges or defendants;
(E) motions to dismiss onthe ground of double jeopardy; or
(F) motionschallenging jurisdiction, unless good cause is shown why
(2) Motions for a reduction of criminaloffense at sentencing pursuant to Utah
Code ? 76-3-402(1) shall be in writing and filed atleast 14 days prior to the date
Code ? 76-3-402(2) may be raised at any time aftersentencing upon proper
(3) Motions on the justification of the use offorce pursuant to Utah Code
(A) inwriting; and
(B) atleast 28 days before trial, unless there is good cause shown
(d) Motions to Suppress. Amotion to suppress evidence shall:
(d)(1) describe theevidence sought to be suppressed;
(d)(2) set forth thestanding of the movant to make the application; and
(d)(3) specify sufficientlegal and factual grounds for the motion to give the
If an evidentiary hearing is requested, no writtenresponse to the motion by the
respond to the issues of fact and law raised in the motion and at the
(g) Record of proceedings. A verbatim record shall be made of allproceedings at the hearing on motions,
including such findings of fact and conclusions of law as are made
in the indictment or information, itmay also order that bail be continued for a
Nothing in this rule shall be deemed to affectprovisions of law relating to a statute of
(1) Challenges to a statute.If a party in a court of record challenges the constitutionality of a statutein an action in which the Attorney General has not appeared, the party raisingthe question of constitutionality shall notify the Attorney General of suchfact by serving the notice on the Attorney General by email or, ifcircumstances prevent service by email, by mail at the address below. The partyshall then file proof of service with the court.
Office of the Utah Attorney General
Attn: Utah Solicitor General
350 North State Street, Suite 230
P.O. Box 14230
Salt Lake City, Utah 84114-2320
(2) Challenges to an ordinance orother governmental enactment. If a party challenges the constitutionalityof a governmental entity?s ordinance, rule, or other administrative orlegislative enactment in an action in which the governmental entity has notappeared, the party raising the question of constitutionality shall notify thegovernmental entity of such fact by serving the person identified in Rule 4(d
(3) Notification procedures.
(A) Form and content. Thenotice shall (i) be in writing, (ii) be titled ?Notice of ConstitutionalChallenge Under URCrP 12(i),? (iii) conciselydescribe the nature of the challenge, and (iv) include, as an attachment, thepleading, motion, or other paper challenging the constitutionality of thestatute, ordinance, or other governmental enactment.
(B) Timing. The party shallserve the notice on the Attorney General or other governmental entity on orbefore the date the party files the paper challenging the constitutionality ofthe statute, ordinance, or other governmental enactment.
(4) Attorney General?s or othergovernmental entity?s response to notice.
(A) Within 14 days after the deadline for the parties to file all papersin response to the constitutional challenge, the Attorney General or othergovernmental entity (?responding entity?) shall file a notice of intent torespond unless the responding entity determines that a response is unnecessary.The responding entity may seek up to an additional 7 days? extension of time tofile a notice of intent to respond.
(B) If the responding entity files a notice of intent to respond withinthe time permitted by this rule, the court will allow the responding entity tofile a response to the constitutional challenge and participate at oral argumentwhen it is heard.
(C) Unless the parties stipulate to or the court grants additional time,the responding entity?s response to the constitutional challenge shall be filedwithin 14 days after filing the notice of intent to respond.
(D) The responding entity?s right to respond to a constitutionalchallenge under Rule 25A of the Utah Rules of Appellate Procedure is unaffectedby the responding entity?s decision not to respond under this rule.
(5) Failure to provide notice.Failure to provide notice as required by this rule is not a waiver of anyconstitutional challenge otherwise timely asserted. If a party does not serve anotice as required by this rule, the court may postpone the hearing until theparty serves the notice.