URJP022 – Utah Court Rules

Posted: August 15, 2024

Rules of Juvenile Procedure – Effective November 1, 2024

URJP005. Definitions. Amend. The approved amendment to Rule 5 removes the definition of “adjudication.” Senate Bill 88 of the 2024 Legislative Session amends the definition of “adjudication” as found in Utah Code section 80-1-102. “Adjudication” as defined in statute is a better fit for the Rules of Juvenile Procedure. As a result of the removal of “adjudication,” the remaining paragraphs are renumbered.

URJP013A. Limited-purpose intervention. New. In response to In re J.T., 2023 UT App 157, Rule 13A guides intervention in the juvenile court.

URJP015. Preliminary inquiry; informal adjustment without petition. Amend. The approved revision to Rule 15 amends paragraph (f) to refer to statute as the guiding criteria for non-judicial extensions. The term “probation intake officer” was changed to “probation officer.” Additional grammatical and stylistic changes were also made for clarity.

URJP019C. Amend. Regarding motions on the justification of the use of force, the approved amendment to Rule 19C specifically adopts Rule 12(c)(3) of the Rules of Criminal Procedure. This amendment intends to clarify the relationship between statute, the Rules of Criminal Procedure, and the Rules of Juvenile Procedure as outlined in Rule 2 of the Rules of Juvenile Procedure.

URJP022. Initial appearance and preliminary hearing in cases under Utah Code sections 80-6-503 and 80-6-504. Amend. House Joint Resolution 13 of the 2024 Legislative Session made changes to Rule 7B of the Rules of Criminal Procedure related to hearsay. Paragraph (k) of Rule 22 is amended to mirror those changes. Paragraph (k) is further amended to provide clearer direction regarding the raising of objections at the preliminary hearing. Additional grammatical and stylistic changes were also made for clarity.

Repeal – Effective November 1, 2024

URJP031. Initiation of truancy proceedings. Repeal. Rule 31 is repealed as a result of amendments made to Utah Code section 80-6-304.5 by House Bill 362 of the 2024 Legislative Session. Habitual truancy may be referred to the juvenile court for a non-judicial adjustment, but it may not be petitioned. In addition, a change to heading “Section VIII Citable Offenses, Truancy Offenses and Status Offenses” of the rules is also made. The heading will read, “Section VIII Citable Offenses and Status Offenses.”

Supreme Court Order

Posted: October 31, 2023

Rules of Juvenile Procedure – Effective November 1, 2023 – CORRECTED

URJP022. Initial appearance and preliminary examination in cases under Section 80-6-503. Amend. The approved amendments to Rule 22 include: (1) adding reference to Utah Code section 80-6-504 to the title; (2) changing the term “preliminary examination” to “preliminary hearing”; (3) in paragraph (f), adding reference to subsection (3) of 80-6-504; (4) in paragraph (g), clarifying timelines for scheduling preliminary hearings based on whether a youth is in custody, removing reference to Utah Code section 80-6-503, and moving the language allowing extension to time periods to the end of the paragraph; (5) replacing the language in paragraph (h) and making reference to 80-6-504(11); (6) removing specific probable cause language in paragraph (j) and making reference to 80-6-504(2)(a) and 80-6-503(3) instead; and, (7) adding “may” to the second clause of paragraph (k) to mirror the language of Rule 7B of the Utah Rules of Criminal Procedure. The changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide. Lastly, a previous version of Rule 22 was circulated that unintentionally included the language “in whole or in part” in paragraph (k) that had been previously removed by the legislature on May 3, 2023. Effective November 1, 2023.

Supreme Court Order

Posted: September 25, 2023

Rules of Juvenile Procedure – Effective November 1, 2023

URJP022. Initial appearance and preliminary examination in cases under Section 80-6-503. Amend. The approved amendments to Rule 22 include: (1) adding reference to Utah Code section 80-6-504 to the title; (2) changing the term “preliminary examination” to “preliminary hearing”; (3) in paragraph (f), adding reference to subsection (3) of 80-6-504; (4) in paragraph (g), clarifying timelines for scheduling preliminary hearings based on whether a youth is in custody, removing reference to Utah Code section 80-6-503, and moving the language allowing extension to time periods to the end of the paragraph; (5) replacing the language in paragraph (h) and making reference to 80-6-504(11); (6) removing specific probable cause language in paragraph (j) and making reference to 80-6-504(2)(a) and 80-6-503(3) instead; and, (7) adding “may” to the second clause of paragraph (k) to mirror the language of Rule 7B of the Utah Rules of Criminal Procedure. Lastly, the changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.

Supreme Court Order

Posted: April 26, 2023

Rules of Juvenile Procedure – Effective May 3, 2023

URJP022. Initial appearance and preliminary examination in cases under Utah Code section 80-6-503. In its 2023 legislative session, the Utah Legislature approved SJR006, modifying Rule 22 of the Utah Rules of Juvenile Procedure. The amendment addresses the probable cause determination at a preliminary examination.

Posted: July 6, 2021

Rules of Juvenile Procedure – Effective September 1, 2021

URJP018. Summons; service of process; notice. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP020. Discovery generally. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP022. Initial appearance and preliminary examination in cases under Utah Code section 78A–6–703.3. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP043. Evidence. Amended. Updates statutory reference to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP046. Disposition hearing. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP047. Reviews and modification of orders. Amend. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP056. Expungement. Amended. Updates statutory references and makes minor revisions to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

Supreme Court Order

Posted: September 9, 2020

Rules of Juvenile Procedure – Effective November 1, 2020

URJP005. Definitions. Amended. Makes revisions to definitions of “adult” and “minor” in juvenile delinquency cases to comply with statutory changes in H.B. 384-Juvenile Justice Amendments.

URJP017. The petition. Amended. Makes revisions pertaining to petitions for expungement, including expungement of nonjudicial adjustments and petition for vacatur.

URJP021. Warrant of arrest or summons in cases under Section 78A-6-702 and Section 78A-6-703. Amended. Reflects statutory changes made by H.B. 384-Juvenile Justice Amendments.

URJP022. Initial appearance and preliminary examination in cases under Section 78A-6-702. Amended. Reflects statutory changes made by H.B. 384-Juvenile Justice Amendments.

URJP023. Hearing to waive jurisdiction and certify under Section 78A-6703: bind over to district court. Repealed. Rule 23 will be repealed because the underlying statute was repealed by H.B. 384-Juvenile Justice Amendments.

URJP023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amended. Reflects statutory changes made by H.B. 384-Juvenile Justice Amendments.

URJP031. Initiation of truancy proceedings. Amended. Corrects outdated statutory references.

URJP044. Findings and conclusions. Amended. Reflects statutory changes made by H.B. 384-Juvenile Justice Amendments.

URJP050. Presence at hearings. Amended. Permits and details Indian tribes’ right to participate in court proceedings pursuant to the Indian Child Welfare Act.

URJP056. Expungement. Amended. Makes revisions to statutory changes contained in H.B. 384 regarding procedures for petitioning for expungement of juvenile court adjudications and nonjudicial adjustments.

Supreme Court Order