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Rule 1102.  Reliable Hearsay in Criminal PreliminaryExaminations.

 

(a)      Statementof the Rule. Reliable hearsay is admissible at criminal preliminaryexaminations.

 

(b)      Definitionof Reliable Hearsay. For purposes of criminal preliminary examinations only,reliable hearsay includes:

(b)(1)   hearsay evidence admissible at trial under the UtahRules of Evidence;

 

(b)(2)   hearsay evidence admissible at trial under Rule804 of the Utah Rules of Evidence, regardless of the availability of the declarant at the preliminary examination;

           

(b)(3)   evidence establishing the foundation for or theauthenticity of any exhibit;

            

(b)(4)   scientific, laboratory, or forensic reports and records;

           

(b)(5)   medical and autopsy reports and records;

 

(b)(6)   a statement of a non-testifying peace officer to atestifying peace officer;

 

(b)(7)   astatement made by a child victim of physical abuse or a sexual offense which isrecorded in accordance with Rule15.5 of the Utah Rules of Criminal Procedure;

 

(b)(8)   a statement of a declarantthat is written, recorded, or transcribed verbatim which is:

                        (b)(8)(A)   under oath or affirmation; or

 

(b)(8)(B)   pursuant to a notification to the declarantthat a false statement made therein is punishable; and

 

(b)(9)   other hearsay evidence with similar indicia ofreliability, regardless of admissibility at trial under Rules803 and 804 of the Utah Rules of Evidence.

 

(c)      Continuancefor Production of Additional Evidence. If hearsay evidence is proffered oradmitted in the preliminary examination, a continuance of the hearing may begranted for the purpose of furnishing additional evidence if:

(c)(1)   Themagistrate finds that the hearsay evidence proffered or admitted is notsufficient and additional evidence is necessary for a bindover;or

 

(c)(2)   Thedefense establishes that it would be so substantially and unfairlydisadvantaged by the use of the hearsay evidence as to outweigh the interestsof the declarant and the efficient administration ofjustice.

 

 

EffectiveMay 1, 2018

 

 

2017 Advisory Committee Note.  The prompt reportinglanguage in (b)(7) was removed.