Posted: October 1, 2014
Rules of Criminal Procedure
URCrP 002. Time. Amend. Changes the way time will be computed, marking time in calendar days, rather than business days. Includes a provision for counting times stated in hours.
URCrP 004. Prosecution of public offenses. Amend. Requires prosecutors to list the citation number on an information if a citation was previously issued in the case in order to ensure that cases can be consolidated when they are electronically filed. Makes technical changes.
URCrP 012. Motions. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP 014. Subpoena. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP 016. Discovery. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP 017. The trial. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP 021A. Presentence investigation reports; Restitution. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP 022. Sentence, judgment and commitment. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP 024. Motion for new trial. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP 026. Written orders, judgments and decrees. Amend. Requires the court to prepare the final judgment and sentence. Requires litigants to submit motions and orders as separate documents. Makes technical changes.
URCrP 027. Stays of sentence pending appeals from courts of record. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP 027B. Stays pending appeal from a court not of record – hearings de novo, DUI, and reckless driving cases. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP 028. Disposition after appeal. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP 029. Disability and disqualification of a judge or change of venue. Amend. Establishes a process for change of venue in justice courts. Clarifies the change of venue process in courts of record. Makes technical changes.
URCrP 029A. Change of judge as a matter of right. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP 038. Appeals from justice court to district court. Amend. Conforms the computation of time to the approach of the Utah Rules of Civil Procedure. Deadlines of 30 days or less in several rules will be modified to a uniform 7/14/21/28 days.
URCrP 026. I am not sure the purpose behind requiring the Court to prepare the final judgment and sentence. Obviously the Court has to approve and sign any final judgment and sentence, but many courts have the parties prepare the written judgment and then present it to the Court for the Court’s approval. This not only expedites the process by avoiding the extra delay caused by a judge having to hand write multiple judgments in a day, but it also allows the party to work out the exact wording to which the parties are willing to agree.
Additionally, in the case of misdemeanors (see UCA 77-13-4), the plea can be done by affidavit or written agreement. This rule change would prevent the parties from preparing the proposed judgment for the Court to include with the other plea documents. Currently, when we draft a proposed judgment, we have lines for the defendant and the defense attorney to sign stating they approve of the proposed judgment as drafted. This speeds up the process, insures that the parties know what is being proposed specifically, and places the defendant’s approving signature right on the judgment. This proposed rule change will make pleas by affidavit significantly more difficult.
Rule 26. If the amendment to (d) anticipates the court creating all the final judgments and commitments someone should carefully consider the fiscal note. currently the state is preparing those in the 8th district. our clerks are fully occupied with their assigned tasks and would not have the time to accomplish the additional workload. at least 3 additional district clerks would be necessary to accomplish the anticipated change. It would be far better to allow each district the option of designating which entity should prepare that documentation.