Category: -Rules of Criminal Procedure

Rules of Criminal Procedure

URCrP 15.5. Out of court statement and testimony of child victims or child witnesses of sexual or physical abuse – Conditions of admissibility. Amend. The amendments are intended to help bring the rule into compliance with the requirements of Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004).
Supreme Court Order
URCrP 33. Regulation of conduct in the courtroom. Amend. The amendments will permit a judge to sanction an attorney or party for incivility in pleadings or courtroom conduct.
Supreme Court Order

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Rules of Criminal Procedure

URCrP 11. Pleas. Amend. Requires the court to notify a defendant convicted of a domestic violence misdemeanor in order to comply with federal law.
URCrP 22. Sentence, judgment and commitment. Amend. Requires the court to notify a defendant convicted of a domestic violence misdemeanor in order to comply with federal law.
Supreme Court Order.

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Rules of Criminal Procedure

URCrP 14. Subpoenas. Amend. Creates a new process for gaining access to records of a victim. The court must approve any subpoena or order for confidential records related to a victim. The court conducts an in camera review of the records and may place restrictions on dissemination. Effective Date: November 1, 2007.
URCrP 18. Selection of the jury. Amend. Clarifies the standard for removing a juror for cause based on the juror’s views on capital punishment. Effective Date: November 1, 2007.

Supreme Court Order.

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Rules of Criminal Procedure

URCrP 40. Search warrants. Amend. The changes incorporate procedural provisions from the Utah Code on search warrants. The changes also create procedures to implement the requirements of Anderson v. Taylor, 2006 UT 55. The rule requires a magistrate to retain search warrant documents from the time a search warrant is issued. The rule also addresses access to and sealing of search warrant files. Effective Date: April 30, 2007. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Supreme Court Order.

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Rules of Criminal Procedure

URCrP 11. Pleas. Amend. Clarifies that a judge may approve or reject an agreement to reduce or dismiss charges.
URCrP 12. Motions. Amend. There are two proposed amendments. The first states that a party may submit a written request to submit for decision, but may also otherwise bring a motion to the attention of the court. The second states that a motion challenging jurisdiction must be raised at least five days trial to trial, unless good cause is shown.
URCrP 24. Motion for new trial. Amend. Clarifies the time within which a motion for new trial must be filed, and that an extension must be obtained prior to the expiration of the original period.
URCrP 27. Stays pending appeal. Amend. Clarifies that an appeal of a probable cause denial is to the court where the notice of appeal is transmitted.
URCrP 29A. Change of judge as a matter of right. Amend. Changes the time within which a notice of change must be filed. The time is tied to either assignment after bindover or rejection of a proposed disposition.
Supreme Court Order.

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Utah Rules of Criminal Procedure

URCrP 40. Remotely communicated search warrants. New. Establishes procedures for obtaining a search warrant other than personally before the magistrate. Effective May 2, 2005. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Supreme Court Order.

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Utah Rules of Criminal Procedure

URCrP 07. Proceedings before magistrate. Amend. Conforms the rule to the statute which allows justice court judges to make probable cause determinations in first degree felonies. Also eliminates the requirement of a written bindover order.
URCrP 11. Pleas. Amend. States that compliance with the rule will be determined by reviewing the entire record and variances which do not affect substantial rights will be disregarded.
URCrP 12. Motions. Amend. Clarifies that motions for a reduction may be filed any time after sentencing.
Supreme Court Order.

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Utah Rules of Criminal Procedure

URCrP 12. Motions. Amend. Describes the process for motions to suppress, including the contents of the motion and whether a written response is required.
URCrP 21A. Presentence investigation reports; Restitution. Renumber from URCrP 21.5 and amend. Changes designation of PSI report from “controlled” to “protected” to conform with statute.
URCrP 27. Stays pending appeal . Amend. Requires a party to serve the Attorney General when seeking a certificate of probable cause from appellate court in a felony case.

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