Category: -Rules of Criminal Procedure

Continue Reading
Continue Reading
Continue Reading

Rules of Criminal Procedure – Effective May 1, 2018

URCrP011 Amend. One amendment will require a court to notify a defendant at sentencing of the right to counsel for an appeal. Another amendment adds state law to the warning to be given in domestic violence cases.

URCrP022 Amend. One amendment will require a court to notify a defendant at sentencing of the right to counsel for an appeal. Another amendment adds state law to the warning to be given in domestic violence cases.

URCrP036 Amend. This amendment will allow defense counsel to be able to make an oral motion to withdraw from the case after judgment is entered.

Supreme Court Order

Continue Reading

Rules of Civil Procedure, Rules of Criminal Procedure, Code of Judicial Administration – Effective April 1, 2018

Utah Rules of Civil Procedure

URCP063. Disability or disqualification of a judge. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the reviewing or assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.

Utah Rules of Criminal Procedure

URCrP029. Disability and disqualification of a judge or change of venue. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.

Utah Code of Judicial Administration

UCJA09-0109. Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges, associate presiding judges, and education directors for justice courts. Effective April 1, 2018 pursuant to UCJA Rule 2-205.

Supreme Court Order – rule 63

Supreme Court Order – rule 29

Supreme Court Order – rule 9-109

 

Continue Reading

Rules of Criminal Procedure – Effective May 1, 2018

URCrP007 Amend. The provisions in existing rule 7 are being divided into separate rules, each dealing with a different subject. Rule 7 will now address initial proceedings for class A misdemeanors and felonies.

URCrP007A New. The rule addresses procedures for class B & C misdemeanors and infractions. The rule also adds specific provisions on pretrial release conditions.

URCrP007B New. The rule addresses preliminary hearings. The rule generally reflects existing language.

URCrP007C New. The rule addresses the procedures for material witnesses. The rule generally follows existing language.

URCrP009 New. The new rule 9 will establish procedures for warrantless arrests. Of particular interest to practitioners may be the time-frames related to pretrial release decisions and deadlines for filing informations.

URCrP009A New. The rule creates procedures for arrests pursuant to a warrant and includes specific procedures on pretrial release decisions.

Supreme Court Order

Continue Reading

Rules of Criminal Procedure – Effective May 1, 2017

URCrP004 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for filing informations.

URCrP004A New. The proposed new rule will address the process for prosecutions commenced by indictment.

URCrP004B New. The proposed new rule will address the process for prosecutions commenced by citation.

URCrP029 Amend. The proposed amendment will eliminate the presiding officer of the Judicial Council as a person to whom disqualification affidavits may be referred.

Supreme Court Order

Continue Reading

Rules of Criminal Procedure – Effective May 1, 2017

URCrP011 Amend. Clarifies the warning judges must give to defendants in domestic violence cases.

URCrP018 Amend. The proposed amendment replaces the current language on alternate jurors.  The language is borrowed from the federal rules.  The primary motivation behind the change is to eliminate the requirement that alternate jurors be discharged when the jury retires to deliberate.

URCrP022 Amend. The proposed changes to the rule will set out in more detail the circumstances under which a court may correct a sentence.

URCrP038 Amend.  The proposed amendment clarifies that a defendant may withdraw an appeal prior to entry of a plea of guilt or prior to commencement of trial.

Supreme Court Order

Continue Reading
Continue Reading
Continue Reading