-Rules of Criminal Procedure – Page 3 – Utah Court Rules

Posted: November 27, 2017

Rules of Civil Procedure, Criminal Procedure, Code of Judicial Administration – Comment Period Closed January 11, 2018

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 or 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

CJA09-0109 Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges and associate presiding judges for justice courts.

Posted: June 27, 2017

Rules of Criminal Procedure – Comment Period Closed August 11, 2017

URCrP 007 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.

URCrP 007A New. The rule addresses procedures for class B & C misdemeanors and infractions. The rule also adds specific provisions on pretrial release conditions.

URCrP 007B New. The rule addresses preliminary hearings. The rule generally reflects existing language.

URCrP 007C New. The rule addresses the procedures for material witnesses. The rule generally follows existing language.

URCrP 009 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.

URCrP 009A New. The rule creates procedures for arrests pursuant to a warrant and includes specific procedures on pretrial release decisions.

Posted: November 17, 2016

Rules of Criminal Procedure – Comment Period Closed January 1, 2017

URCrP004 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for filing informations.

URCrP004a New. The proposed new rule will address the process for prosecutions commenced by indictment.

URCrP004b New. The proposed new rule will address the process for prosecutions commenced by citation.

URCrP004, 4a, 4b Committee Note The note explains the changes that are made in response to comments received.

URCrP006 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for issuing warrants and summones.

URCrP029 Amend. The proposed amendment will eliminate the presiding officer of the Judicial Council as a person to whom disqualification affidavits may be referred.

Posted: July 1, 2016

Rules of Criminal Procedure – Comment Period Closed August 15, 2016

Rule 004: Sets forth in detail the required contents of an information. The new provisions will require statements about pretrial release.

Rule 005: Repealed.

Rule 006: The proposed changes create a presumption in favor of summonses over warrants. The rule establishes the requirements for issuing a warrant. The rule also describes the required content of summonses and warrants.

Posted: June 30, 2016

Rules of Criminal Procedure – Comment Period Closed August 14, 2016

Rule 22 The proposed changes to the rule will set out in more detail the circumstances under which a court may correct a sentence.

Posted: June 9, 2016

Rules of Criminal Procedure – Comment Period Closed July 24, 2016

Rule 038 Amend. The proposed amendment clarifies that a defendant may withdraw an appeal prior to entry of a plea of guilt or prior to commencement of trial.

Posted: March 17, 2016

Rules of Criminal Procedure – Comment Period Closed May 1, 2016

Rule 18 The proposed amendment replaces the current language on alternate jurors. The language is borrowed from the federal rules. The primary motivation behind the change is to eliminate the requirement that alternate jurors be discharged when the jury retires to deliberate.

Posted: March 17, 2016

Rules of Criminal Procedure – Comment Period Closed May 1, 2016

Rule 38 The proposed amendment creates a process for reinstating the time for appeal in justice courts, consistent with the principles in Manning v. State, 2004 UT App 87. The amendment creates deadlines for motions and subsequent notices of appeal.

Posted: December 17, 2015

Rules of Criminal Procedure

URCrP 011. Pleas. Amend. Clarifies the warning judges must give to defendants in domestic violence cases.
URCrP 022. Sentence, judgment and commitment. Amend. Clarifies the warning judges must give to defendants in domestic violence cases. Also clarifies the circumstances under which a Rule 22 motion may be filed.

Posted: June 25, 2015

Remote Hearings Rules

The following rules provide that court business and hearings may be conducted remotely by contemporaneous transmission from a different location, as long as certain standards are met.
CJA 03-0302. Clerk of the Court. Amend.
CJA 04-0106. Electronic conferencing. Amend.
CJA 09-0105. Justice Court hours. Amend.
URCP 043. Evidence. Amend.
URCrP 017.5 Hearings with contemporaneous transmission from a different location. New.
URJP 029B. Hearings with contemporaneous transmission from a different location. New.
URJP 037B. Hearings with contemporaneous transmission from a different location. New.