Utah Court Rules – Published for Comment
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Posted: March 2, 2011
URCrP 013. Pretrial conference. Amend. The change makes a defendant’s waiver of the right to appear at a pretrial conference subject to court approval. Occasionally judges want defendants at pretrial conferences because of the substantive issues that are discussed.
Posted: January 19, 2011
URCrP 015A. Scientific, Lab, and Analytical Reports – When prosecution required to produce foundation and chain of custody witnesses. Repeal. The rule was enacted in 2010 to create a streamlined process to address the confrontation issues established by Melendez-Diaz. The rule has had the opposite effect, creating additional and unnecessary work for both prosecutors and defense attorneys.
Posted: February 26, 2010
URCrP 15A. Scientific, Lab, and Analytical Reports – When prosecution required to produce foundation and chain of custody witnesses. New. Describes when the prosecution is required to produce foundation and chain of custody witnesses. Effective February 26, 2010 under Rule 2-205. Subject to change after the comment period.
Supreme Court Order.
Posted: July 22, 2008
URCrP 27. Stays pending appeal from courts of record. Amend. The amendments remove courts not of record from the rule. The process for courts not of record will be in new rule 27A. The amendments also make structural changes to help clarify the process for seeking a stay.
URCrP 27A. Stays pending appeal from courts not of record. New. This is a new rule specifically directed at appellate stays in justice court proceedings. The rule creates 3 different processes depending on the type of judgment appealed. Judgments with no jail time are automatically stayed. A notice of appeal on a judgment of incarceration less than 30 days serves as an automatic motion for a stay. In cases involving a judgment of 30 days or more, a motion must be filed. A judgment for incarceration of 30 days are more. There is a presumption in favor of a stay.
URCrP 38. Appeals from Justice Court to District Court. Amend. The amendments provide more detail on the process for appealing justice court judgments. The amendments describe the contents of the notice of appeal, the duties of the justice court when transferring the case, and the duties of the district in handling the appeal.
Posted: December 4, 2007
URCrP 08. Appointment of counsel. Amend. The amendments change the requirements to be appointed in capital cases, including increasing the number of education hours and requiring substantial work on a prior capital case.
URCrP 15.5. Out of court statement and testimony of child victims or child witnesses of sexual or physical abuse – Conditions of admissibility. Amend. The amendments are intended to help bring the rule into compliance with the requirements of Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004).
URCrP 33. Regulation of conduct in the courtroom. Amend. The amendments will permit a judge to sanction an attorney or party for incivility in pleadings or courtroom conduct.
Posted: October 2, 2007
URCrP 11. Pleas. Amend. Requires the court to notify a defendant convicted of a domestic violence misdemeanor in order to comply with federal law.
URCrP 22. Sentence, judgment and commitment. Amend. Requires the court to notify a defendant convicted of a domestic violence misdemeanor in order to comply with federal law.
Posted: March 29, 2007
URCrP 40. Search warrants. Amend. The changes incorporate procedural provisions from the Utah Code on search warrants. The changes also create procedures to implement the requirements of Anderson v. Taylor, 2006 UT 55. The rule requires a magistrate to retain search warrant documents from the time a search warrant is issued. The rule also addresses access to and sealing of search warrant files. Effective Date: April 30, 2007. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Posted: February 8, 2007
URCrP 14. Subpoenas. Amend. Creates a new process for gaining access to records of a victim. The court must approve any subpoena or order for confidential records related to a victim. The court conducts an in camera review of the records and may place restrictions on dissemination. Proposed effective date: November 1, 2007.
URCrP 18. Selection of the jury. Amend. Clarifies the standard for removing a juror for cause based on the juror’s views on capital punishment. Proposed effective date: November 1, 2007.
Posted: September 28, 2006
URCrP 24. Motion for new trial. Amend. The time for a motion will be 10 days after the sentence is entered, instead of after the sentence is orally pronounced.
Posted: April 27, 2006
URCrP 15.5. Visual recording of statement or testimony of child victim or witness of sexual or physical abuse – Conditions of admissibility. Amend. The changes clarify the standards for when recorded child testimony may be used. The child must be available to testify at trial.
URCrP 29. Disability and disqualification of a judge or change of venue. Amend. Clarify that judge is to take no action in a case after a motion to recuse has been filed.