Rule 19C.?Delinquency, traffic and adult criminal matters.
(a)? Any defense,objection, or request, including request for rulings on the admissibility ofevidence, which is capable of determination without the trial of the generalissue may be raised prior to trial by written motion. A motion shallstate succinctly and with particularity the grounds upon which it is made andthe relief sought.? A motion need not beaccompanied by a memorandum unless required by the court.
(b)The following shall be raised at least seven days priorto the trial unless otherwise ordered by the Court:
(b)(1) defenses and objectionsbased on defects in the petition, indictment or information
(b)(2) motions to suppressevidence
(b)(3) requests for discoverywhere allowed
(b)(4) requests for severance ofallegations, charges, minors or defendants
(b)(5) motions to dismiss on theground of double jeopardy; or
(b)(6) motions challengingjurisdiction, unless good cause is shown why the issue could not have beenraised at least seven days prior to trial.
(c) Motions for a reduction of criminal offense pursuant toUtah Code Section 76-3-402(2) may be raised at any time after disposition uponproper service of the motion on the appropriate prosecuting entity.
(d) Motions to suppress. A motion to suppress evidenceshall:
(d)(1) describe the evidencesought to be suppressed
(d)(2) set forth the standing ofthe movant to make the application; and
(d)(3) specify sufficient legaland factual grounds for the motion to give the opposing party reasonable noticeof the issues and to enable the court to determine what proceedings are appropriateto address them.
If anevidentiary hearing is requested, no written response to the motion by thenon-moving party is required, unless the court orders otherwise.? At the conclusion of the evidentiary hearing,the court may provide a reasonable time for all parties to respond to theissues of fact and law raised in the motion and at the hearing.
(e) When the facts in a petition, information or indictment fail toinform a minor of the nature and cause of the offense alleged so as to enablethe minor to prepare his or her defense, the minor may file a written motionfor a bill of particulars.? The motionshall be filed at arraignment or within 14 days thereafter, or at such latertime as the court may permit.?
(f) A motion made before trial shall be determined beforetrial unless the court for good cause orders that the ruling be deferred forlater determination.? Where factualissues are involved in determining a motion, the court shall state its findingson the record.
(g) Failure of the minor or defendant to timely raisedefenses or objections or to make requests which must be made prior to trial orat the time set by the court shall constitute waiver thereof, but the court forcause shown may grant relief from such waiver.
(h) A verbatim record shall be made of all proceedings atthe hearing on motions, including such findings of fact and conclusions of lawas are made orally.
(i) If the court grants a motionbased on a defect in the institution of the prosecution or in the petition orinformation, it may order that the minor or defendant be held in custody for areasonable and specified time pending the filing of a new petition orinformation.? Nothing in this rule shallbe deemed to affect provisions of law relating to a statute of limitations.
Effective Date:?November 1, 2017