Rules of Criminal Procedure – Comment Period Closed April 28, 2018
URCrP018 Amend. The rule change will clarify the number of peremptory challenges allowed when alternate jurors are called.
Category: -Rules of Criminal Procedure
Posted: March 14, 2018
Posted: December 1, 2017
Rules of Criminal Procedure – Comment Period Closed January 14, 2018
URCrP012 Amend. The proposed amendment will require service of pleadings on the Attorney General’s Office or the county or city attorney’s office when a party challenges the constitutionality of a statute or ordinance.
URCrP022 Amend. One amendment will require a court to notify a defendant at sentencing of the right to counsel for an appeal. Another amendment adds state law to the warning to be given in domestic violence cases.
URCrP036 Amend. This amendment will allow defense counsel to be able to make an oral motion to withdraw from the case after judgment is entered.
Posted: November 27, 2017
Rules of Civil Procedure, Criminal Procedure, Code of Judicial Administration – Comment Period Closed January 11, 2018
Utah Rules of Civil Procedure
URCP063 Disability or disqualification of a judge. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the reviewing or assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.
Utah Rules of Criminal Procedure
URCrP029 Disability or disqualification of a judge or change of venue. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.
Utah Code of Judicial Administration
CJA09-0109 Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges and associate presiding judges for justice courts.
Posted: June 27, 2017
Rules of Criminal Procedure – Comment Period Closed August 11, 2017
URCrP 007 Amend. The provisions in existing rule 7 are being divided into separate rules, each dealing with a different subject. Rule 7 will now address initial proceedings for class A misdemeanors and felonies.
URCrP 007A New. The rule addresses procedures for class B & C misdemeanors and infractions. The rule also adds specific provisions on pretrial release conditions.
URCrP 007B New. The rule addresses preliminary hearings. The rule generally reflects existing language.
URCrP 007C New. The rule addresses the procedures for material witnesses. The rule generally follows existing language.
URCrP 009 New. The new rule 9 will establish procedures for warrantless arrests. Of particular interest to practitioners may be the time-frames related to pretrial release decisions and deadlines for filing informations.
URCrP 009A New. The rule creates procedures for arrests pursuant to a warrant and includes specific procedures on pretrial release decisions.
Posted: November 17, 2016
Rules of Criminal Procedure – Comment Period Closed January 1, 2017
URCrP004 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for filing informations.
URCrP004a New. The proposed new rule will address the process for prosecutions commenced by indictment.
URCrP004b New. The proposed new rule will address the process for prosecutions commenced by citation.
URCrP004, 4a, 4b Committee Note The note explains the changes that are made in response to comments received.
URCrP006 Amend. This rule was previously published for public comment and the committee made changes in response to the comments. The committee continues to review and refine the processes for issuing warrants and summones.
URCrP029 Amend. The proposed amendment will eliminate the presiding officer of the Judicial Council as a person to whom disqualification affidavits may be referred.
Posted: July 1, 2016
Rules of Criminal Procedure – Comment Period Closed August 15, 2016
Rule 004: Sets forth in detail the required contents of an information. The new provisions will require statements about pretrial release.
Rule 005: Repealed.
Rule 006: The proposed changes create a presumption in favor of summonses over warrants. The rule establishes the requirements for issuing a warrant. The rule also describes the required content of summonses and warrants.
Posted: June 30, 2016
Rules of Criminal Procedure – Comment Period Closed August 14, 2016
Rule 22 The proposed changes to the rule will set out in more detail the circumstances under which a court may correct a sentence.
Posted: June 9, 2016
Rules of Criminal Procedure – Comment Period Closed July 24, 2016
Rule 038 Amend. The proposed amendment clarifies that a defendant may withdraw an appeal prior to entry of a plea of guilt or prior to commencement of trial.
Posted: March 17, 2016
Rules of Criminal Procedure – Comment Period Closed May 1, 2016
Rule 18 The proposed amendment replaces the current language on alternate jurors. The language is borrowed from the federal rules. The primary motivation behind the change is to eliminate the requirement that alternate jurors be discharged when the jury retires to deliberate.
Posted: March 17, 2016
Rules of Criminal Procedure – Comment Period Closed May 1, 2016
Rule 38 The proposed amendment creates a process for reinstating the time for appeal in justice courts, consistent with the principles in Manning v. State, 2004 UT App 87. The amendment creates deadlines for motions and subsequent notices of appeal.