Category: -Rules of Evidence

URE1102. Reliable Hearsay in Criminal Preliminary Examinations. Amend. The proposed amendment adds a reference to the legislative joint resolution that amended this rule earlier this year.

URE0106. Remainder of or Related Writings or Recorded Statements. Amend. The proposed amendments track recent changes to Federal Rule of Evidence 106, omitting language indicating that the statements covered by the rule are only those in “writing or recorded,” and adding a sentence affirming, “The adverse party may do so over a hearsay objection.”

URE0506. Physician and Mental Health Therapist-Patient. Amend. This rule was previously published for public comment as to proposed new subparagraphs (d)(2), (e), and (f), and proposed changes to subparagraph (b)(3) and renumbered subparagraphs (d)(3) and (d)(4). After receiving public comments, the Committee proposes to amend subparagraph (d)(1) to clarify that the preponderance of the evidence standard applies to the exception addressed there. The Committee also proposes to substitute the term “matter” for “case” in subparagraph (d)(2) and (e), and to make other changes for stylistic uniformity. The post-public comment proposed changes are highlighted in yellow in the linked redline draft.

URE0101. Scope; Definitions. Amend. The Committee proposes to amend and add certain definitions in subparagraph (b) to clarify the applicability of the Utah Rules of Evidence to juvenile court proceedings, and to add subparagraph (c) to specify that in the event of conflict between these definitions and the Utah Rules of Juvenile Procedure, the latter rules govern.

URE0412. Admissibility of Victim’s Sexual Behavior of Predisposition. Amend. The Committee proposes to amend subparagraph (a) to omit the specific reference to “juvenile delinquency” proceedings. In view of the proposed amendments to URE 101 and 1101, the reference is unnecessary. The reference could also be confusing since other rules that likewise apply to juvenile delinquency proceedings do not include such specific references.

URE0615. Excluding Witnesses. Amend. The Committee proposes to amend subparagraphs (d) and (e) to omit the specific references to “juvenile delinquency” proceedings. In view of the proposed amendments to URE 101 and 1101, the references are unnecessary. The references could also be confusing since other rules that likewise apply to juvenile delinquency proceedings do not include such specific references.

URE01101. Applicability of Rules. Amend. The Committee proposes to amend subparagraph (a) to add a provision clarifying that the Utah Rules of Evidence apply to “all juvenile court proceedings unless stated otherwise in the Utah Rules of Juvenile Procedure.”

URE0506. Physician and Mental Health Therapist-Patient. Amend. The proposed amendments to Rule 506 seeks to find a proper balance between maintaining a strong privilege, respecting a criminal defendant’s constitutional rights, and clarifying when and how the exception applies.

URE0412. Admissibility of Victim’s Sexual Behavior or Predisposition (AMEND).  The proposed amendment clarifies that the rule is applicable to juvenile delinquency proceedings.

URE0504. Lawyer – Client. Extends the lawyer-client privilege to cover Licensed Paralegal Practitioners and Regulatory Sandbox participants.

URE0512. Victim Communications (AMEND). Clarifies that URE 510 applies to this rule. Disclosures of the following confidential communications will now waive the privilege: 1) disclosures required under Title 62A, Chapter 4a, Child and Family Services or UCA § 62A-3-305, 2) evidence of a victim being in clear and immediate danger to the victim’s self or others, and 3) evidence that the victim has committed a crime, plans to commit a crime, or intends to conceal a crime.

URE1101. Applicability of Rules (AMEND). Amends the committee note following State v. Weeks, 61 P.3d 1000. Clarifies that the Utah Rules of Evidence are inapplicable to proceedings for revoking probation, unless the court for good cause otherwise orders.