Month: October 2023

Rules of Evidence – Effective November 1, 2023

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.”

Supreme Court Order

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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

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Rules Governing the Utah State Bar and Rules of Professional Practice – Effective November 1, 2023

USB14-0207.  Finances. Approved. This rule amendment requires the Utah State Bar to annually submit to the Supreme Court  recommendations on increasing, decreasing, or maintaining current licensing fees.

Supreme Court Order for USB 14-207

RPP11-0107. Open and Public Meetings. Approved. This rule amendment adds the newly established Advisory Committee on the Rule of Business and Chancery Procedure to this rule as a committee that must only hold open meetings.

Supreme Court Order for RPP 11-107

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