Category: -Rules of Evidence

URE0615. Excluding Witnesses. Amend. The amendments conform closely to recent amendments made to FRE 615. They clarify that witnesses may be excluded “from the courtroom or from a place where they can see or hear the proceedings;” specify that only “one” “officer or employee of a party that is not a natural person” be exempt from exclusion “if that officer or employee has been designated as the party’s representative by its attorney;” and add a new subparagraph (b) to clarify that the court may make other orders to “prohibit disclosure of trial testimony to excluded witnesses,” and to “prohibit excluded witnesses from accessing trial testimony.”

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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.

URE0506. Physician and Mental Health Therapist-Patient. Amend. The amendments to Rule 506 are intended to strike a proper balance between maintaining a strong privilege, respecting a criminal defendant’s constitutional rights, and clarifying when and how the exception applies.

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URE0101. Scope; Definitions. Amend. The amendments add certain definitions in subparagraph (b) to clarify the applicability of the Utah Rules of Evidence to juvenile court proceedings, and add subparagraph (c) to specify that in the event of conflict between these definitions and the Utah Rules of Juvenile Procedure, the latter rules govern.

URE0412. Admissibility of Victim’s Sexual Behavior of Predisposition. Amend. Subparagraph (a) is amended to omit the specific reference to “juvenile delinquency” proceedings. In view of the proposed amendments to URE 101 and 1101, the reference is unnecessary. The reference could also be confusing since other rules that likewise apply to juvenile delinquency proceedings do not include such specific references.

URE0615. Excluding Witnesses. Amend. Subparagraphs (d) and (e) are amended to omit the specific references to “juvenile delinquency” proceedings. In view of the proposed amendments to URE 101 and 1101, the references are unnecessary. The references could also be confusing since other rules that likewise apply to juvenile delinquency proceedings do not include such specific references.

URE1101. Applicability of Rules. Amend. Subparagraph (a) is amended to add a provision clarifying that the Utah Rules of Evidence apply to “all juvenile court proceedings unless stated otherwise in the Utah Rules of Juvenile Procedure.”

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URE1102. Reliable Hearsay in Criminal Preliminary Examinations.  In its 2023 legislative session, the Utah Legislature approved SJR006, modifying Rule 1102 of the Utah Rules of Evidence. The amendment permits a prosecutor, or staff for a prosecutor, to transcribe a declarant’s statement or assist a declarant in drafting a statement, so long as the prosecutor, or staff for the prosecutor, does not draft the statement or tamper with the witness.

URE0412. Admissibility of Victim’s Sexual Behavior or Predisposition. AMEND. Rule 412 is amended to clarify that the Rule is applicable to juvenile delinquency proceedings as well as criminal proceedings.

URE0504. Legal Professional – Client. AMEND. Rule 504 is amended to expand the lawyer-client privilege to cover not only confidential client communications with lawyers, but also other legal professionals including licensed paralegal practitioners.

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URE0512. Victim Communications (AMEND). Clarifies that URE 510 applies to this rule. Disclosures of the following confidential communications will now waive the privilege: 1) disclosures required under Title 62A, Chapter 4a, Child and Family Services or UCA § 62A-3-305, 2) evidence of a victim being in clear and immediate danger to the victim’s self or others, and 3) evidence that the victim has committed a crime, plans to commit a crime, or intends to conceal a crime.

URE1101. Applicability of Rules (AMEND). Clarifies that the Utah Rules of Evidence are inapplicable to proceedings for revoking probation, unless the court for good cause otherwise orders. Amends the committee note following State v. Weeks, 61 P.3d 1000.

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URE0511. Insurance Regulators. Amended. The 2017 amendments reflect 2017 legislative changes to the underlying statute. Minor style and other non-substantive edits were also made.

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URE0504. Lawyer – Client. Amended. The amendments to the rule define new terms and
amend existing terms and modify the statement of privilege.

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URE0507. First Responder Peer Support. New. A person receiving peer support services from a peer support team member has a privilege to refuse to disclose and to prevent another person from disclosing peer support communications.

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