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Rule 7. Initial proceedings for class Amisdemeanors and felonies.

 

(a)First appearance. ?At the defendant's first appearance, the courtmust inform the defendant:

 

(a)(1) of the charge in the information or indictment and furnish acopy;

 

(a)(2) of any affidavit or recorded testimony given in support ofthe information and how to obtain them;

 

(a)(3) of the right to retain counsel or have counsel appointed bythe court without expense if unable to obtain counsel;

 

(a)(4) of rights concerning pretrial release; and

 

(a)(5) that the defendant is not required to make any statement,and that any statement the defendant makes may be used against the defendant ina court of law.

 

(b)Right to counsel. ?If the defendant is present at the initialappearance without counsel, the court must determine if the defendant iscapable of retaining the services of an attorney within a reasonable time.? If the court determines the defendant hassuch resources, the court must allow the defendant a reasonable time and opportunityto retain and consult with counsel.? Ifthe court determines the defendant is indigent, the court must appoint counselpursuant to Rule 8, unless the defendant knowingly and intelligently waives theright to counsel.

 

(c) Release conditions.?

(c)(1) Except asprovided in paragraph (c), the court must issue a pretrial status orderpursuant to Utah Code section 77-20-1. Parties should be prepared to addressthis issue, including notice requirements under Utah Code section 77-37-3 andUtah Code section 77-38-3.

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(c)(2) A motionto modify the pretrial status order issued at initial appearance may be made byeither party at any time upon notice to the opposing party sufficient to permitthe opposing party to prepare for the hearing and to permit each alleged victimto be notified and be present.

 

(c)(3) Subsequentmotions to modify a pretrial status order may be made only upon a showing thatthere has been a material change in circumstances.

 

(c)(4) A hearingon a motion to modify a pretrial status order may be held in conjunction with apreliminary hearing or any other pretrial hearing.

 

(d)? Continuances.? Upon application of either party and ashowing of good cause, the court may allow up to a seven day continuance of thehearing to allow for preparation, including notification to any victims.? The court may allow more than seven days withthe consent of the defendant.

 

(e)Right to preliminary examination. ??

 

(e)(1) The courtmust inform the defendant of the right to a preliminary examination and thetimes for holding the hearing.? If thedefendant waives the right to a preliminary examination, and the prosecutingattorney consents, the court must order the defendant bound over for trial.

 

(e)(2) If thedefendant does not waive a preliminary examination, the court must schedule thepreliminary examination upon request. The examination must be held within areasonable time, but not later than 14 days if the defendant is in custody forthe offense charged and not later than 28 days if the defendant is not incustody. These time periods may be extended by the magistrate for good causeshown. Upon consent of the parties, the court may schedule the case for otherproceedings before scheduling a preliminary hearing.

 

(e)(3) Apreliminary examination may not be held if the defendant is indicted.

 

EffectiveOctober 1, 2020