Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Changes the time for probable cause from 48 hours to 24 hours after the arrest. Requires that the magistrate release the arrestee after 24 hours unless the officer is able to establish that the delay was caused by a bona fide emergency or other extraordinary circumstances.
URCrP 038. Appeals from justice court to district court. Amend. Eliminates the requirement that the court transmit a certified copy of the appeal packet to the district court as notification will occur electronically. Creates a standard for reinstating a dismissed appeal. Clarifies that a motion to reinstate the appeal may be made within a reasonable time after dismissal.
URCrP 040. Search warrants. Amend. Conforms the rule to HB 70 by incorporating the standards of probable cuase and a reasonable belief that harm may occur.

Utah Courts

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3 thoughts on “Rules of Criminal Procedure
  1. Jay Carey

    RE: Rule 38. Appeals from justice court to district court.
    As it stands, district courts often fail to notify a justice court of their final judgment or remand order on an appealed case. Yet, justice courts are affected by and are expected to carry out the district court order(s). Please consider language that directs the district court to inform the appropriate justice court of their orders.
    Perhaps, this could be accomplished by electronic means since both court levels use the same case management systems.
    Secondly, line 26 in the proposed rule change should have the word “packet” red lined or omitted.

  2. S. Swapp

    Please consider the comments from the last public notice period on this Rule 7 revision.
    Again, with the major technology in communication improvements there is no viable reason to delay more than 24 hours. Also, Weekends do not count, yet there is a large misconception of this that needs reinforcement.

  3. Joseph M. Bean

    The 48 hour requirement contained in Rule 7 URCrP has been in place for some time. As a former justice court judge it was often very difficult in the midst of my law practice to get to a defendant within the 48 hour time period, let alone, 24 hours. Add to that, holidays and other times when the judge may be out of town and it becomes even more difficult. The rule should not be changed, especially for felony cases involving any form of violence.