Category: URCrP007

Rules of Criminal Procedure – Effective May 1, 2018

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.

Supreme Court Order

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Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Changes the time for probable cause from 48 hours to 24 hours after the arrest. Requires that the magistrate release the arrestee after 24 hours unless the officer is able to establish that the delay was caused by a bona fide emergency or other extraordinary circumstances.
Supreme Court Order.

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Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Creates a process for review by the court when someone is arrested on a material witness warrant.
URCrP 029. Disability and disqualification of a judge or change of venue. Amend. Clarifies that a request to submit for decision is not required on a motion to disqualify. The amendment also states that other parties may not file a response to the motion.
Supreme Court Order.

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Rules of Criminal Procedure

URCrP 004. Prosecution of public offenses. Amend. Allows prosecutors to add or change charges before trial as long as the substantial rights of the defendant are not prejudiced
URCrP 007. Proceedings before magistrate. Amend. Implements the Supreme Court’s decision in State v. Hernandez, 2011 UT 70, requiring preliminary hearings in class A misdemeanors.
URCrP 036. Withdrawal of counsel. Amend. Requires counsel to include in a motion to withdraw a certification that withdrawal is consistent with the rules of professional conduct.
Supreme Court Order

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Utah Rules of Criminal Procedure

URCrP 07. Proceedings before magistrate. Amend. Conforms the rule to the statute which allows justice court judges to make probable cause determinations in first degree felonies. Also eliminates the requirement of a written bindover order.
URCrP 11. Pleas. Amend. States that compliance with the rule will be determined by reviewing the entire record and variances which do not affect substantial rights will be disregarded.
URCrP 12. Motions. Amend. Clarifies that motions for a reduction may be filed any time after sentencing.
Supreme Court Order.

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Rules of Criminal Procedure

URCrP 7. Proceedings before magistrate. Incorporate provisions from Code of Judicial Administration governing detention.
URCrP 38. Trials de novo of justice court proceedings. Replaces CJA 4-608. Regulates procedures for trial de novo.

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