Utah Courts
URCRP Rule 29A (Rules of Criminal Procedure)
URCRP Rule 29A (Rules of Criminal Procedure)
Rule 29A. Change of judge as a matter of right.
(a) Notice of change. In any criminal action commenced after April 15, 1992 in any district or justice court, all parties joined in the action may, by unanimous agreement and without cause, change the judge assigned to the action by filing a notice of change of judge. The parties shall send a copy of the notice to the assigned judge and the presiding judge. The notice shall be signed by all parties and shall state: (1) the name of the assigned judge; (2) the date on which the action was commenced; (3) that all parties joined in the action have agreed to the change; (4) that no other persons are expected to be named as parties; and (5) that a good faith effort has been made to serve all parties named in the pleadings. The notice shall not specify any reason for the change of judge. Under no circumstances shall more than one change of judge be allowed under this rule in any action. A change of judge under this rule is available only after a judge has been assigned to the case for trial. A notice of change may not be filed prior to or during a preliminary examination.
(b) Time.The notice shall be filed by the later of 28 days after bindover to the assigned judge, or if the assigned judge has rejected a proposed plea disposition, within 10 days of such rejection. Failure to file a timely notice precludes any change of judge under this rule.
(c) Assignment of action. Upon the filing of a notice of change, the assigned judge shall take no further action in the case. The presiding judge shall promptly determine whether the notice is proper and, if so, shall reassign the action. If the presiding judge is also the assigned judge, the clerk shall promptly send the notice to the Chief Justice, who shall determine whether the notice is proper and, if so, shall reassign the action.
(d) Nondisclosure to court. No party shall communicate to the court, or cause another to communicate to the court, the fact of any party's seeking consent to a notice of change.
(e) Rule 29 unaffected.This rule does not affect any rights under Rule 29.
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