Category: -Rules of Evidence

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.

URE0617. Eyewitness Identification. This new rule provides criteria and procedures to be used by a factfinder to evaluate a contested eyewitness identification.

URE0902. Evidence That Is Self-Authenticating. Amend. Adopts provisions similar to the recently adopted FRE 902(13) and (14) regarding electronic records.

URE0504 Lawyer – Client. Amended. The amendments to the rule define new terms and
amend existing terms and modify the statement of privilege.

URE0507 New.  A person receiving peer support services from a peer support team member has a privilege to refuse to disclose and to prevent another person from disclosing peer support communications.

URE 0511 Amend. The 2017 amendments reflect 2017 legislative changes to the underlying statute. Minor style and other non-substantive edits were also made.

URE 1102 Amend. Amends the definition of reliable hearsay. Removes the requirement that a statement made by a child victim must be “promptly reported.”

URE 0412 Amend. Changes the classification of records described in subparagraph (c)(3) from sealed to protected.

URE 0504 Amend. The definition of “Representative of the client” has been revised to be more grammatically correct, and to clarify the application of the term “specifically authorized” in subparagraph (a)(4).