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Rule 17. The trial.

 

(a) Defendant?spresence. In all cases the defendant shall have the right to appearand defend in person and by counsel. The defendant shall be personally presentat the trial with the following exceptions: 

 

(a)(1) In prosecutions ofmisdemeanors and infractions, the defendant may consent in writing to trial inthe defendant?s absence; 

 

(a)(2) In prosecutionsfor offenses not punishable by death, the defendant's voluntary absence fromthe trial after notice to defendant of the time for trial shall not prevent thecase from being tried and a verdict or judgment entered therein shall have thesame effect as if defendant had been present; and 

 

(a)(3) The court mayexclude or excuse a defendant from trial for good cause shown which mayinclude tumultuous, riotous, or obstreperous conduct. 

 

Upon application of theprosecution, the court may require the personal attendance of the defendant atthe trial. 

 

(b) Calendarpriorities. Cases shall be set on the trial calendar to betried in the following order: 

 

(b)(1) misdemeanor cases when defendant is in custody; 

 

(b)(2) felony cases when defendant is in custody; 

 

(b)(3) felony cases when defendant is on bail or recognizance;and 

 

(b)(4) misdemeanor cases when defendant is on bail orrecognizance. 

 

(c) Jury trialin felony cases. All felony cases shall be tried by jury unless thedefendant waives a jury in open court with the approval of the court and theconsent of the prosecution. 

 

(d) Jury trialin other cases. All other cases shall be tried without a jury unlessthe defendant makes written demand at least 14 days priorto trial, or the court orders otherwise. No jury shall beallowed in the trial of an infraction. 

 

(e)(1) Number ofjurors. In all cases, the number of members of a trial jury shall beas specified in Utah Code ? 78B-1-104. 

 

(e)(2) In allcases the prosecution and defense may, with the consent of the accused andthe approval of the court, by stipulation in writing or made orally in opencourt, proceed to trial or complete a trial then in progress with any number ofjurors less than otherwise required. 

 

(f) Trialprocess. After the jury has been impaneled and sworn, the trial shallproceed in the following order: 

 

(f)(1) Thecharge shall be read and the plea of the defendant stated; 

 

(f)(2) The prosecutingattorney may make an opening statement and the defense may make an openingstatement or reserve it until the prosecution has rested; 

 

(f)(3) The prosecutionshall offer evidence in support of the charge; 

 

(f)(4) When theprosecution has rested, the defense may present its case;

 

(f)(5) Thereafter, theparties may offer only rebutting evidence unless the court, for good cause,otherwise permits; 

 

(f)(6) When the evidenceis concluded and at any other appropriate time, the court shall instruct thejury; and 

 

(f)(7) Unless the causeis submitted to the jury on either side or on both sides without argument, theprosecution shall open the argument, the defense shall follow and theprosecution may close by responding to the defense argument. The court may setreasonable limits upon the argument of counsel for each party and the timeto be allowed for argument. 

 

(g) Alternatejurors. If a juror becomes ill, disabled or disqualified during trialand an alternate juror has been selected, the case shall proceed using thealternate juror. If no alternate has been selected, the parties maystipulate to proceed with the number of jurors remaining. Otherwise, thejury shall be discharged and a new trial ordered. 

 

(h) Questions byjurors. A judge may invite jurors to submit written questions to awitness as provided in this section. 

 

(h)(1) If the judgepermits jurors to submit questions, the judge shall control the process toensure the jury maintains its role as the impartial finder of fact and does notbecome an investigative body. The judge may disallow any question from a jurorand may discontinue questions from jurors at any time. 

 

(h)(2) If the judgepermits jurors to submit questions, the judge should advise the jurors thatthey may write the question as it occurs to them and submit thequestion to the bailiff for transmittal to the judge. The judgeshould advise the jurors that some questions might not be allowed. 

 

(h)(3) The judge shallreview the question with counsel and unrepresented parties and rule upon anyobjection to the question. The judge may disallow a question even though noobjection is made. The judge shall preserve the written question in thecourt file. If the question is allowed, the judge shall ask the questionor permit counsel or an unrepresented party to ask it. The question may berephrased into proper form. The judge shall allow counsel andunrepresented parties to examine the witness after the juror's question.

 

(iJuries visiting off-site places. Whenin the opinion of the court it is proper for the jury to view the place inwhich the offense is alleged to have been committed, or in which any othermaterial fact occurred, it may order them to be conducted in a body under thecharge of an officer to the place, which shall be shown to them by some personappointed by the court for that purpose. The officer shall besworn that while the jury are thus conducted, the officer will suffer noperson other than the person so appointed to speak to them nor shallthe officer speak to the jury on any subject connected with the trial and toreturn them into court without unnecessary delay or at a specified time. 

 

(j) Admonitionprior to recess. At each recess of the court, whether the jurors arepermitted to separate or are sequestered, they shall be admonished by the courtthat it is their duty not to converse among themselves or to converse with, orsuffer themselves to be addressed by, any other person on any subject of the trial,and that it is their duty not to form or express an opinion thereon until thecase is finally submitted to them. 

 

(k) Deliberations. Uponretiring for deliberation, the jury may take with them the instructions of thecourt and all exhibits which have been received as evidence, exceptexhibits that should not, in the opinion of the court, be in the possession ofthe jury, such as exhibits of unusual size, weapons or contraband. The courtshall permit the jury to view exhibits upon request. Jurors are entitled totake notes during the trial and to have those notes with them duringdeliberations. As necessary, the court shall provide jurors with writingmaterials and instruct the jury on taking and using notes. 

 

(l) Jury underofficer?s charge. When the case is finally submitted to thejury, they shall be kept together in some convenient place under charge of anofficer until they agree upon a verdict or are discharged, unless otherwiseordered by the court. Except by order of the court, the officer having themunder the officer?s charge shall not allow any communication to be made tothem, nor shall the officer speak to the jury except to ask them if they haveagreed upon their verdict, and the officer shall not, before the verdict isrendered, communicate to any person the state of their deliberations or theverdict agreed upon. 

 

(m) Jurorquestions during deliberations. After the jury has retired fordeliberation, if they desire to be informed on any point of lawarising in the cause, they shall inform the officer in charge of them, whoshall communicate such request to the court. The court may then direct that thejury be brought before the court where, in the presence of thedefendant and both counsel, the court shall respond to the inquiry or advisethe jury that no further instructions shall be given. Such response shallbe recorded. The court may in its discretion respond to the inquiryin writing without having the jury brought before the court, in which case theinquiry and the response thereto shall be entered in the record. 

 

(n) Incorrectverdict. If the verdict rendered by a jury is incorrect on itsface, it may be corrected by the jury under the advice of the court, orthe jury may be sent out again. 

 

(o) Directedverdict. At the conclusion of the evidence by the prosecution, or atthe conclusion of all the evidence, the court may issue an order dismissing anyinformation or indictment, or any count thereof, upon the ground that theevidence is not legally sufficient to establish the offense charged therein orany lesser included offense.

 

Effective May 1, 2019