Rules of Evidence – Effective February 29, 2024

HJR013 (the joint resolution amending Rule 7B of the Utah Rules of Criminal Procedure and Rule 1102 of the Utah Rules of Evidence regarding admissibility of reliable hearsay in criminal preliminary examinations) became effective immediately yesterday after having passed both the House and the Senate by the required 2/3 majority vote (per Art. VIII, Sec. 4 of the Constitution).

As amended, Rule 7B(b) permits findings of probable cause to be based “in whole or in part, on reliable hearsay.” However, as amended, Rule 1102(d)(2)(e) conditions the admissibility of reliable hearsay on the presentation of testimony under Rule 7B(d)(2). In turn, Rule 7B(d)(2) permits a prosecutor to “present the testimony of any relevant witness,” including “of an investigating peace officer,” and permits either side to “introduce, through direct or cross examination, the testimony of an investigating peace officer,” including as to “the totality or details of an investigation of the crime for which the defendant is charged.” Additionally, Rule 1102(e) specifies that the prosecutor “is not required to introduce evidence” corroborating a declarant’s statement submitted under Rule 1102(b)(8), and “may, but is not required to, call the declarant” of such a statement at the preliminary examination. Further, Rule 1102(e) states that paragraph (e) “does not otherwise limit a defendant’s right to call witnesses under Rule 7B . . . .”

URE1102. Reliable Hearsay in Criminal Preliminary Examinations. Amend.

This entry was posted in -Rules of Evidence, URE1102.