Category: -Rules of Criminal Procedure

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).

URCrP042. Automatic expungement. NEW. A new rule establishing procedures for automatic expungement of certain cases described in Utah Code §77-40-114.

URCrP016. This proposal incorporates changes suggested by the public comments to require disclosure of police officer’s notes only if they have not been incorporated into a police report, allowing defendants to waive the mandatory disclosures, and clarifying the notice procedure when a prosecutor decides a required disclosure is either not lawful or would endanger any person or an ongoing investigation.