Utah Court Rules – Published for Comment
The Supreme Court and Judicial Council invite comments about amending these rules. To view the proposed amendment, click on the rule number.
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Posted: August 16, 2024
URCrP017.5. Notice of repeal for Utah Rules of Criminal Procedure 17.5 effective September 1, 2024. Posted for public comment.
URJP029B. Notice of repeal of Utah Rules of Juvenile Procedure 29B effective September 1, 2024. Posted for public comment.
URJP037B. Notice of repeal of Utah Rules of Juvenile Procedure 37B effective September 1, 2024. Posted for public comment.
Posted: May 21, 2024
URCrP009A. Amend. The Utah Supreme Court’s Advisory Committee on the Rules of Criminal Procedure recently amended Rule 9A to include procedures related to defendants in custody on a bench warrant based on a failure to appear for a court proceeding. Once notified that a defendant has been arrested on a bench warrant, a court must set a bench hearing date following the defendant’s arrest. The amended Rule provides the timeframe in which the court must first schedule the bench hearing and the timeframe in which the court must hold the bench hearing. The Rule is approved for a 45-day public comment period.
Posted: May 21, 2024
The Utah Supreme Court invites comments to the following proposed new rules. The comment period will close on July 5, 2024. The proposed rules identify factors judges should consider when setting in-person, remote, and hybrid hearings. The proposed rules also specify how hearing participants may request to appear in a manner opposite of the initial court setting. Finally, the proposed rules provide factors judges should consider in approving or denying a participant’s request.
URCP087. New. In-person, remote, and hybrid hearings; requests for accommodation.
URCrP017.05. New. In-person, remote, and hybrid hearings; requests for accommodation.
URJP061. New. In-person, remote, and hybrid hearings; requests for accommodation.
Posted: January 24, 2024
URCrP008. Appointment of Counsel. Amend. The Supreme Court’s Advisory Committee on the Rules of Criminal Procedure recently amended Rule 8 to clarify the responsibility of judges during a self-representation colloquy to waive the right to counsel. The Committee’s efforts aimed to emphasize the right to self-representation as a constitutional right directly related to the right to counsel and the right to appointed counsel for indigent defendants. Additional provisions to the Rule include amendments to the qualifications for appointment on capital cases to require that attorneys representing those defendants have sufficient criminal practice, experience, and training. The Rule is approved for a 45-day public comment period.
Posted: November 15, 2023
URCrP021. Verdict Options. Amend. The proposed amendments make minor modifications to language use throughout the Rule and include a new subsection on legally impossible verdicts. This subsection explains the role of the Court in vacating a legally impossible verdict and describes when a legally impossible verdict occurs. The Committee incorporated this subsection into the Rule based on the Utah Supreme Court’s holding in Pleasant Grove v. Terry, 2020 UT 69.
Posted: February 7, 2023
URCrP002. Time. Amend. The Rule is amended to adjust how time is computed following the adoption of Juneteenth as a state holiday.
Posted: February 6, 2023
URCrP008. Appointment of counsel. Amend. The Supreme Court has requested an additional round of public comment to Rule 8. The current proposal changes the process of securing a waiver of the right to counsel and the appointment of counsel in capital cases.
Posted: October 13, 2022
URCrP016. Discovery. AMEND. Rule 16 is amended to incorporate an updated reference to Rule 26(b)(6) of the Rules of Civil Procedure, which was modified and became effective May 4th, 2022.
Posted: July 20, 2022
URCrP012.5. Notice of transfer Domestic Violence case from Justice Court to District Court. (NEW). On July 1, 2022, H.B. 196 went into effect, modifying Section 78A-7-106 of the Utah Code. The statute now includes a provision whereby a domestic violence case set for trial in a justice court may be transferred to a district court after the prosecuting attorney or defendant files a notice of transfer. Rule 12.5 proposes procedure justice courts and district courts should follow to effectuate this transfer.
Pursuant to U.C.J.A. Rule 11-105, the Utah Supreme Court has approved new Rule 12.5 of the Utah Rules of Criminal Procedure for expedited adoption and a 45-day comment period.
Posted: July 14, 2022
URCrP008. Appointment of counsel. (AMEND). The language of this rule has been amended to clarify when the right to counsel applies to defendants charged with a criminal offense. The rule also includes a new subsection to explain the right to self-representation and how a defendant may waive the right to counsel. The colloquy courts should engage with defendants seeking to waive the right is provided in this addition. Finally, the rule clarifies the prerequisite qualifications for attorneys appointed to represent defendants charged in capital cases.