Month: November 2019

Rules of Appellate Procedure – Comment Period Closed January 4, 2020

URAP005. Discretionary appeals from interlocutory orders. Amend. The proposed amendments to Rules 5 and 10 incorporate substantial changes meant to streamline and modernize the appellate process. For example, the proposed addition of subsection (j) in Rule 5 defines the record on appeal and permits a party to submit an appendix to be filed separately with the party’s principal brief. The proposed amendments authorize citations to the record, to an appendix, or both.

URAP010. Procedures for summary disposition or simplified appeal process. Amend. The proposed amendments to Rule 10 allow specific classes of appeals to be designated for expedited review. The proposed amendments also narrow the grounds for parties to seek summary disposition by limiting such motions to jurisdictional objections. The Court retains its right to summarily dismiss, affirm, or reverse a case on its own initiative.

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Rules of Criminal Procedure – Comment Period Closed January 4, 2020

URCrP009. Proceedings for persons arrested without a warrant on suspicion of a crime. The approved amendments modify the times within which a defendant must appear in court after a warrantless arrest when the defendant has been unable to meet the release conditions set by the magistrate.

URCrP009A. Procedures for persons arrested pursuant to warrant. The approved amendments modify the times within which a defendant must appear in court when the defendant has been arrested pursuant to a warrant and has been unable to meet the release conditions set by the court.

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Rules of Juvenile Procedure – Comment Period Closed January 3, 2020

URJP009. Detention hearings; scheduling; hearing procedures.  Amended. Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113.  The revisions place restrictions on the amount of time and the conditions under which the minor may be held in detention.  Requires a court determination of grounds for admission within 24 hours including weekends and holidays.  Deletes the Advisory Committee Note.  [Note: The Advisory Committee is continuing its discussion on whether the appropriate standard in the rule should be reasonable basis, reasonable grounds or probable cause and may address this question in a separate rule revision at a later date.]

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