Utah Court Rules – Published for Comment
The Supreme Court and Judicial Council invite comments about amending these rules. To view the proposed amendment, click on the rule number.
To submit a comment or view the comments of others, click on “Continue Reading.” To submit a comment, scroll down to the “Leave a Reply” section, and type your comment in the “Comment” field. Type your name and email address in the designated fields and click “Post Comment.”
Comments cannot be acknowledged, but all will be considered. Comments are saved to a buffer for review before publication.
Posted: March 14, 2025
CJA04-206. Exhibits (AMEND)
The proposed amendments clarify that exhibits in the court’s custody post-disposition will be transferred to the offering party or appropriate law enforcement agency.
“Submitting party” is used once in the rule at the beginning, followed by mention and references to “Offering party(ies)” Would it be appropriate to update submitting party to offering party at the beginning of the rule?
Regarding the return of criminal exhibits to the offering party and/or law enforcement agency post disposition, it would be helpful to the court’s clerical processes to more clearly define how and when that should happen. Paragraph (3)(B)(i) may be the best place to add that wording. Starting with line 82, clerical teams “…will execute a receipt identifying the material sent, the party to whom the exhibit is released, and the date and time of the release. The receipt shall will be made a part of the court record.” Using “SENT” instead of “TAKEN” in that sentence can let clerical teams simply mail / email the exhibits back to the offering party, and create the receipt indicating when the exhibits were sent, the date and time and to whom. This would sidestep any issues of the courts trying to find the offering party, or the offering party never being present to receive the criminal exhibits.