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Rule 7A.? Procedures for arraignment on class B or C misdemeanors, orinfractions.

 

(a)Initial appearance. ?At the defendant?s initial appearance, thecourt must inform the defendant:

 

(a)(1) of the charge in the information, indictment, or citationand furnish a copy;

 

(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 andopportunity to retain and consult with counsel.?If the court determines defendant is indigent, the court must appointcounsel pursuant to rule 8, unless the defendant knowingly and intelligentlywaives such appointment.

 

(c)Release conditions. Except asprovided in paragraph (d), 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. ?

 

(c)(1) 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)(2) Subsequentmotions to modify a pretrial status order may be made only upon a showing thatthere has been a material change in circumstances.

 

(c)(3) 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 a showing of good cause, the court mayallow up to a seven day continuance of the hearing to allow for preparation,including notification to any victims.?The court may allow more than seven days with the consent of thedefendant.

 

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(e)Entering a plea.?

 

(e)(1) Ifdefendant is prepared with counsel, or if defendant waives the right to berepresented by counsel, the court must call upon the defendant to enter a plea.

 

(e)(2) If theplea is guilty, the court must sentence the defendant as provided by law.

 

(e)(3) If theplea is not guilty, the court must set the matter for trial or a pretrialconference within a reasonable time.?Such time should be no longer than 30 days if defendant is in custody.

 

(e)(4) The courtmay administratively enter a not guilty plea for the defendant.? If the court has appointed counsel, thedefendant does not desire to enter a plea, or for other good cause, the courtmust then schedule a pretrial conference.

 

Effective October 1, 2020