URCrP011. Pleas. Amend. The adopted changes to URCrP 11 ensure that both parties of a negotiated plea agreement, approved by the court pursuant to (i)(2), are provided a genuine opportunity to either affirm or withdraw from the agreement if any court generated changes at the time of plea do not conform with the terms the Court had previously approved. Also included are grammatical changes, related to the use of the word “shall,” to comply with the court’s language modernization policy.
URCrP016. Discovery. Amended. The amendments incorporate changes suggested by the public comments to require disclosure of police officer’s notes only if they have not been incorporated into a police report, allowing defendants to waive the mandatory disclosures, and clarifying the notice procedure when a prosecutor decides a required disclosure is either not lawful or would endanger any person or an ongoing investigation.
Rules of Civil Procedure
URCP083. AMEND. The proposed amendments would bring represented parties into the rule’s purview. They would also permit any court to rely on another court’s vexatious litigant findings and order their own restrictions. Paragraph (e)(1) was updated to fix a grammatical error.
Rules Governing Constitutional Challenges
The following amendments to Civil Rule 24,Criminal Rule 12, and Appellate Rule 25A are intended to better coordinate the provisions addressing constitutional challenges. The amendments do the following:
- Address service on the Attorney General and other governmental entities;
- Broaden the kinds of challenges that may arise;
- Clarify that it is the governmental entity that responds, not the county or municipal attorney (which can be a contracted position in certain jurisdictions);
- Eliminate outdated language in Civil Rule 24 in favor of the updated federal language;
- Clarify in each rule the process and timing for the Attorney General or other governmental entity to respond to a constitutional challenge; and
- Eliminate the requirement in Appellate Rule 25A that the Attorney General state the reasons for declining to file an amicus brief.
Rules of Professional Conduct
RPC05.04. Professional Independence of a Lawyer. AMEND. Adds a clarifying comment to the rule.
URCrP007C. Material Witnesses – Procedure for Bond and Warrants. Amended. The amendments to rule 7C brings the rule in line with current practices. The rule clarifies the processes for securing a material witness’s testimony.
URCrP017. The trial. Amended. Elimination of the Advisory Committee Notes.
URCrP008. Amend. The amendments to rule 8 will make the rule consistent with developments in the law. The amendments will also require trial courts of record to appoint counsel on appeal from the roster maintained by the Board of Appellate Court Judges.
URCrP018. Amend. The rule change will clarify the number of peremptory challenges allowed when alternate jurors are called.
URCrP09A. Procedures for persons arrested pursuant to an arrest warrant. Amend. Defines “arrest warrant” for purposes of the rule.
URCrP011 Amend. One amendment will require a court to notify a defendant at sentencing of the right to counsel for an appeal. Another amendment adds state law to the warning to be given in domestic violence cases.
URCrP022 Amend. One amendment will require a court to notify a defendant at sentencing of the right to counsel for an appeal. Another amendment adds state law to the warning to be given in domestic violence cases.
URCrP036 Amend. This amendment will allow defense counsel to be able to make an oral motion to withdraw from the case after judgment is entered.
Utah Rules of Civil Procedure
URCP063. Disability or disqualification of a judge. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the reviewing or assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.
Utah Rules of Criminal Procedure
URCrP029. Disability and disqualification of a judge or change of venue. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.
Utah Code of Judicial Administration
UCJA09-0109. Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges, associate presiding judges, and education directors for justice courts. Effective April 1, 2018 pursuant to UCJA Rule 2-205.
URCrP007 Amend. The provisions in existing rule 7 are being divided into separate rules, each dealing with a different subject. Rule 7 will now address initial proceedings for class A misdemeanors and felonies.
URCrP007A New. The rule addresses procedures for class B & C misdemeanors and infractions. The rule also adds specific provisions on pretrial release conditions.
URCrP007B New. The rule addresses preliminary hearings. The rule generally reflects existing language.
URCrP007C New. The rule addresses the procedures for material witnesses. The rule generally follows existing language.
URCrP009 New. The new rule 9 will establish procedures for warrantless arrests. Of particular interest to practitioners may be the time-frames related to pretrial release decisions and deadlines for filing informations.
URCrP009A New. The rule creates procedures for arrests pursuant to a warrant and includes specific procedures on pretrial release decisions.