Category: URCrP004

Rules of Criminal Procedure – Comment period closes November 13, 2020

The amendments and new rule are related to pretrial release practices in response to HB 206.

URCrP004. Amend. Prosecution by information.

URCrP006. Amend. Warrant of arrest or summons.

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

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

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

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

URCrP010. Amend. Arraignment.

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

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

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

URCrP028. Amend. Disposition after appeal.

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

URCrP041.  New. Unsecured bonds.

 

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Rules of Criminal Procedure – Comment Period Closed December 6, 2019

URCrP004. Prosecution by information.

URCrP006. Warrant of arrest or summons.

The proposed amendments will require the court to review an information for probable cause prior to issuing a warrant. Review is not required at the time of issuing a summons.
URCrP038. Appeals from justice court to district court.
The proposed amendment will result in the justice court no longer being required to send the entire file to the district court on appeal. Only certain documents will be sent.
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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.

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Rules of Criminal Procedure

URCrP 002. 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.
URCrP 004. 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.
URCrP 012. 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.
URCrP 014. 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.
URCrP 016. 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.
URCrP 017. 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.
URCrP 021A. 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.
URCrP 022. 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.
URCrP 024. 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.
URCrP 026. 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.
URCrP 027. 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.
URCrP 027B. 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.
URCrP 028. 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.
URCrP 029. 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.
URCrP 029A. 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.
URCrP 038. 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.

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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.

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