Print Version
Previous PageFile uploaded: 8/4/2021
Microsoft Word - URCrP 12 [redline]

Rule 12. Motions.

(a) Motions.An application to the court for an order shall be by motion, which, unless

made during atrial or hearing, shall be in writing and in accordance with this rule. A

motion shallstate succinctly and with particularity the grounds upon which it is made

and therelief sought. A motion need not be accompanied by a memorandum unless

required by the court.

 

(b) Requestto Submit for Decision. If neither party has advised the court of the filing

nor requesteda hearing, when the time for filing a response to a motion and the reply

has passed,either party may file a request to submit the motion for decision. If a written

Request to Submit is filedit shall be a separate pleading so captioned. The Request to

Submit for Decision shall state the date on whichthe motion was served, the date the

opposingmemorandum, if any, was served, the date the reply memorandum, if any,

was served,and whether a hearing has been requested. The notification shall contain a

certificate ofmailing to all parties. If no party files a written Request to Submit, or the

motion has nototherwise been brought to the attention of the court, the motion will not

beconsidered submitted for decision.

 

(c) Time forfiling specified motions. Any defense, objection or request, including

request forrulings on the admissibility of evidence, which is capable of determination

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

information;

(B) motions to suppress evidence;

(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

the issuecould not have been raised at least 7 days prior to trial.

(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

ofsentencing unless the court sets the date for sentencing within ten days of the

entry ofconviction. Motions for a reduction of criminal offense pursuant to Utah

Code ? 76-3-402(2) may be raised at any time aftersentencing upon proper

service of themotion on the appropriate prosecuting entity.

(3) Motions on the justification of the use offorce pursuant to Utah Code

section 76-2-309shall be filed:

(A) inwriting; and

(B) atleast 28 days before trial, unless there is good cause shown as

to why the issue could nothave been raised at least 28 days before trial.

?????????

(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

opposing partyreasonable notice of the issues and to enable the court to

determine whatproceedings are appropriate to address them.

If an evidentiary hearing is requested, no writtenresponse to the motion by the

non-moving party isrequired, unless the court orders otherwise. At the conclusion of

theevidentiary hearing, the court may provide a reasonable time for all parties to

respond to the issues of fact and law raised in the motion and at the hearing.

 

(e) Motionsmade before a trial. A motion made before trial shall be determined beforetrial unless the court for goodcause orders that the ruling be deferred for later determination. Where factual issues are involved indetermining a motion, the court shall state its findings on the record.

 

(f) Failureto timely raise defenses or objections. Failure of the defendant to timelyraise

defensesor objections or to make requests which must be made prior to trial or at the time set by the court shallconstitute waiver thereof,but the court for cause shown may grant relief from such waiver.

 

(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 orally.

 

??????????? (h) Defects in the institution ofthe prosecution or indictment of information. If the court

??????????? grants amotion based on a defect in the institution of the prosecution or

in the indictment or information, itmay also order that bail be continued for a

reasonable andspecified time pending the filing of a new indictment or information.

Nothing in this rule shall be deemed to affectprovisions of law relating to a statute of

limitations.

 

??????????? (i) Motions challenging the constitutionality of Utah statutes, ordinances,and other ????? governmental enactments.

(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.

Email: notices@agutah.gov

Mail:

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)(1) of the Utah Rules of Civil Procedure. The party shallthen file proof of service with the court.

(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.

 

????????? Effective May 5, 2021