Category: -Rules of Evidence

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

URE1102. Reliable Hearsay in Criminal Preliminary Examinations.  In its 2023 legislative session, the Utah Legislature approved SJR006, modifying Rule 1102 of the Utah Rules of Evidence. The amendment permits a prosecutor, or staff for a prosecutor, to transcribe a declarant’s statement or assist a declarant in drafting a statement, so long as the prosecutor, or staff for the prosecutor, does not draft the statement or tamper with the witness.

URE0412. Admissibility of Victim’s Sexual Behavior or Predisposition. AMEND. Rule 412 is amended to clarify that the Rule is applicable to juvenile delinquency proceedings as well as criminal proceedings.

URE0504. Legal Professional – Client. AMEND. Rule 504 is amended to expand the lawyer-client privilege to cover not only confidential client communications with lawyers, but also other legal professionals including licensed paralegal practitioners.

Supreme Court Order

URE0512. Victim Communications (AMEND). Clarifies that URE 510 applies to this rule. Disclosures of the following confidential communications will now waive the privilege: 1) disclosures required under Title 62A, Chapter 4a, Child and Family Services or UCA § 62A-3-305, 2) evidence of a victim being in clear and immediate danger to the victim’s self or others, and 3) evidence that the victim has committed a crime, plans to commit a crime, or intends to conceal a crime.

URE1101. Applicability of Rules (AMEND). Clarifies that the Utah Rules of Evidence are inapplicable to proceedings for revoking probation, unless the court for good cause otherwise orders. Amends the committee note following State v. Weeks, 61 P.3d 1000.

Supreme Court Order

URE0511. Insurance Regulators. Amended. The 2017 amendments reflect 2017 legislative changes to the underlying statute. Minor style and other non-substantive edits were also made.

Supreme Court Order

URE0504. Lawyer – Client. Amended. The amendments to the rule define new terms and
amend existing terms and modify the statement of privilege.

Supreme Court Order

URE0507. First Responder Peer Support. New. A person receiving peer support services from a peer support team member has a privilege to refuse to disclose and to prevent another person from disclosing peer support communications.

Supreme Court Order

URE1102   Amend.  Amends the definition of reliable hearsay. Removes the requirement that a statement made by a child victim must be “promptly reported.”

Supreme Court Order

URE0412 Amend. Changes the classification of records described in subparagraph (c)(3) from sealed to protected.

Supreme Court Order

URE0511 :Insurance Regulators. New. Creates a privilege for insurance regulators.

Supreme Court Order