-Rules of Criminal Procedure – Page 6 – Utah Court Rules

Posted: February 8, 2007

Rules of Criminal Procedure

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

Rules of Criminal Procedure

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

Rules of Criminal Procedure

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.

Posted: April 5, 2005

Utah Rules of Criminal Procedure

URCrP 11. Pleas. Amend. Clarifies that a judge may approve or reject an agreement to reduce or dismiss charges.
URCrP 12. Motions. Amend. There are two proposed amendments. The first states that a party may submit a written request to submit for decision, but may also otherwise bring a motion to the attention of the court. The second states that a motion challenging jurisdiction must be raised at least five days trial to trial, unless good cause is shown.
URCrP 24. Motion for new trial. Amend. Clarifies the time within which a motion for new trial must be filed, and that an extension must be obtained prior to the expiration of the original period.
URCrP 27. Stays pending appeal. Amend. Clarifies that an appeal of a probable cause denial is to the court where the notice of appeal is transmitted.
URCrP 29A. Change of judge as a matter of right. Amend. Changes the time within which a notice of change must be filed. The time is tied to either assignment after bindover or rejection of a proposed disposition.

Posted: January 25, 2005

Utah Rules of Criminal Procedure

URCrP 40. Remotely communicated search warrants. New. Establishes procedures for obtaining a search warrant other than personally before the magistrate. Effective May 2, 2005. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.

Posted: September 3, 2004

Utah Rules of Criminal Procedure

URCrP 07. Proceedings before magistrate. Amend. Conforms the rule to the statute which allows justice court judges to make probable cause determinations in first degree felonies. Also eliminates the requirement of a written bindover order.
URCrP 11. Pleas. Amend. States that compliance with the rule will be determined by reviewing the entire record and variances which do not affect substantial rights will be disregarded.
URCrP 12. Motions. Amend. Clarifies that motions for a reduction may be filed any time after sentencing.

Posted: March 25, 2004

Rules of Criminal Procedure

URCrP 12. Motions. Amend. Describes the process for motions to suppress, including the contents of the motion and whether a written response is required.
URCrP 21A. Presentence investigation reports; Restitution. Renumber from URCrP 21.5 and amend. Changes designation of PSI report from “controlled” to “protected” to conform with statute.
URCrP 27. Stays pending appeal . Amend. Requires a party to serve the Attorney General when seeking a certificate of probable cause from appellate court in a felony case.
URCrP 38. Justice court appeals. Repeal and reenact. Repeals the existing rule and creates a different process for trial de novo. The most significant feature is that a justice court conviction will be automatically vacated upon the filing of a notice of appeal.