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Rule1102.Reliable Hearsay in Criminal Preliminary Examinations

(a)?????Statement of the Rule. Reliable hearsay is admissible at criminalpreliminary examinations.

(b)?????Definition of Reliable Hearsay. For purposes of criminal preliminary examinationsonly, reliable hearsay includes:

(1)?? hearsay evidenceadmissible at trial under the Utah Rules of Evidence;

(2)?? hearsay evidenceadmissible at trial under Rule 804 of the Utah Rules of Evidence, regardless ofthe availability of the declarant at the preliminary examination;

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

??????????? (4)??scientific, laboratory, or forensic reports andrecords;

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

(6)?? a statement of anon-testifying peace officer to a testifying peace officer;

(7)?? a statement made by a child victim ofphysical abuse or a sexual offense which is recorded in accordance with Rule15.5 of the Utah Rules of Criminal Procedure;

(8)?? a statement of adeclarant that is written, recorded, or transcribed verbatim which is:

??????????????????????? (A)?? under oath oraffirmation; or

(B)?? pursuant to anotification to the declarant that a false statement made therein is punishable;and

(9)?? other hearsayevidence with similar indicia of reliability, regardless of admissibility attrial under Rules 803 and 804 of the Utah Rules of Evidence.

(c)?????Continuance for Production of Additional Evidence. If hearsay evidenceis proffered or admitted in the preliminary examination, a continuance of thehearing may be granted for the purpose of furnishing additional evidence if:

(1)?? The magistrate finds that the hearsayevidence proffered or admitted is not sufficient and additional evidence isnecessary for a bindover; or

(2)?? The defense establishes that it would be sosubstantially and unfairly disadvantaged by the use of the hearsay evidence asto outweigh the interests of the declarant and the efficient administration ofjustice.

?Effective December1, 2017

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