Category: -Rules of Criminal Procedure

URCrP002. Time. Amend. The Rule is amended to adjust how time is computed following the adoption of Juneteenth as a state holiday.

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.

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.

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.

URCrP042. Expungement. (NEW). Pursuant to U.C.J.A. Rule 11-105, the Utah Supreme Court has approved Rule 42 of the Utah Rules of Criminal Procedure for expedited adoption and another round of public comment. This version of the Rule includes technical and substantive corrections to match procedures for automatic expungement provided by Utah Code Ann. 77-40a-201. The Rule further contemplates protocol that the Administrative Office of the Courts will follow to create lists of expungement-eligible cases and identify and remove from those lists cases that do not meet eligibility criteria or are objected to by victims or prosecutors.

URCrP042. Expungement. (NEW). This new proposed rule tracks the legislative changes regarding expungements.

URCrP011. Pleas. Amend. The proposed change would provide that both parties must either affirm or have the opportunity to withdraw from a plea agreement if the judge decides that the final disposition will not conform to the plea agreement to which the Court had previously approved. Also included are grammatical changes that make the rule comply with the court’s style guide.

URCrP012. Motions. Amend. The proposed amendments to Rule 12 incorporate language from lines 59-63 of HJR 007 into paragraph (c)(3).