Category: URCrP027

Rules of Criminal Procedure – Effective October 1, 2020

Amends rules on pretrial release practices in response to HB 206.

URCrP004. Prosecution by information. Amend.

URCrP006. Warrant of arrest or summons. Amend.

URCrP007. Initial proceeding for class A misdemeanors and felonies. Amend.

URCrP007A. Procedures for arraignment on class B and C misdemeanors, or infractions. Amend.

URCrP009. Proceedings for persons arrested without a warrant on suspicion of crime. Amend.

URCrP009A. Proceedings for persons arrested pursuant to an arrest warrant. Amend.

URCrP010. Arraignment. Amend.

URCrP027. Stay of sentence pending motions for new trial or appeal from court of record. Amend.

URCrP027A. Stays pending approval from a court not of record – Appeals for a trial de novo. Amend.

URCrP027B. Stays pending approval from a court not of record – Hearings de novo, DUI and reckless driving case. Amend.

URCrP028. Disposition after appeal. Amend.

URCrP038. Appeals from justice court and district court. Amend.

URCrP041. Unsecured bonds. New.

Supreme Court Order

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Rules of Criminal Procedure – Effective November 1, 2015

URCrP002 Time. Amend. Changes the way time will be computed, marking time in calendar days, rather than business days. Includes a provision for counting times stated in hours.
URCrP004 Prosecution of public offenses. Amend. Requires prosecutors to list the citation number on an information if a citation was previously issued in the case in order to ensure that cases can be consolidated when they are electronically filed. Makes technical changes.
URCrP012 Motions. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP014 Subpoena. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP016 Discovery. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP017 The trial. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP021A Presentence investigation reports; Restitution. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP022 Sentence, judgment and commitment. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP024 Motion for new trial. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP026 Written orders, judgments and decrees. Amend. Requires the court to prepare the final judgment and sentence. Requires litigants to submit motions and orders as separate documents. Makes technical changes.
URCrP027 Stays of sentence pending appeals from courts of record. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP027B Stays pending appeal from a court not of record – hearings de novo, DUI, and reckless driving cases. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP028 Disposition after appeal. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP029 Disability and disqualification of a judge or change of venue. Amend. Establishes a process for change of venue in justice courts. Clarifies the change of venue process in courts of record. Makes technical changes.
URCrP029A Change of judge as a matter of right. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP038 Appeals from justice court to district court. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
Supreme Court Order

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Rules of Criminal Procedure

URCrP 27. Stays pending appeal from courts of record. Amend. The amendments remove courts not of record from the rule. The process for courts not of record will be in new rule 27A. The amendments also make structural changes to help clarify the process for seeking a stay.
URCrP 27A. Stays pending appeal from courts not of record. New. This is a new rule specifically directed at appellate stays in justice court proceedings. The rule creates 3 different processes depending on the type of judgment appealed. Judgments with no jail time are automatically stayed. A notice of appeal on a judgment of incarceration less than 30 days serves as an automatic motion for a stay. In cases involving a judgment of 30 days or more, a motion must be filed. A judgment for incarceration of 30 days are more. There is a presumption in favor of a stay.
URCrP 38. Appeals from Justice Court to District Court. Amend. The amendments provide more detail on the process for appealing justice court judgments. The amendments describe the contents of the notice of appeal, the duties of the justice court when transferring the case, and the duties of the district in handling the appeal.
Supreme Court Order.

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Rules of Criminal Procedure

URCrP 11. Pleas. Amend. Clarifies that a judge may approve or reject an agreement to reduce or dismiss charges.
URCrP 12. Motions. Amend. There are two proposed amendments. The first states that a party may submit a written request to submit for decision, but may also otherwise bring a motion to the attention of the court. The second states that a motion challenging jurisdiction must be raised at least five days trial to trial, unless good cause is shown.
URCrP 24. Motion for new trial. Amend. Clarifies the time within which a motion for new trial must be filed, and that an extension must be obtained prior to the expiration of the original period.
URCrP 27. Stays pending appeal. Amend. Clarifies that an appeal of a probable cause denial is to the court where the notice of appeal is transmitted.
URCrP 29A. Change of judge as a matter of right. Amend. Changes the time within which a notice of change must be filed. The time is tied to either assignment after bindover or rejection of a proposed disposition.
Supreme Court Order.

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Utah Rules of Criminal Procedure

URCrP 12. Motions. Amend. Describes the process for motions to suppress, including the contents of the motion and whether a written response is required.
URCrP 21A. Presentence investigation reports; Restitution. Renumber from URCrP 21.5 and amend. Changes designation of PSI report from “controlled” to “protected” to conform with statute.
URCrP 27. Stays pending appeal . Amend. Requires a party to serve the Attorney General when seeking a certificate of probable cause from appellate court in a felony case.

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