URJP022 – Utah Court Rules – Published for Comment

Posted: April 26, 2024

Rules of Juvenile Procedure – Comment Period Closes June 10, 2024

URJP005.Definitions. Amend. Rule 5 is being amended to remove the definition of “adjudication.” Senate Bill 88 of the 2024 Legislative Session amends the definition of “adjudication” as found in Utah Code section 80-1-102. “Adjudication” as defined in statute is also a better fit for the Rules of Juvenile Procedure. As a result of the removal of “adjudication,” the remaining paragraphs are renumbered.

URJP013A.Limited-purpose intervention. New. In response to In re J.T., 2023 UT App 157, Rule 13A guides intervention in the juvenile court.

URJP015.Preliminary inquiry; informal adjustment without petition. Amend. The proposed revision to Rule 15 amends paragraph (f) to refer to statute as the guiding criteria for non-judicial extensions. Additional grammatical and stylistic changes were also made for clarity.

URJP022.Initial appearance and preliminary hearing in cases under Utah Code sections 80-6-503 and 80-6-504. Amend. House Joint Resolution 13 of the 2024 Legislative Session made changes to Rule 7B of the Rules of Criminal Procedure related to hearsay. Paragraph (k) of Rule 22 is amended to mirror those changes. Paragraph (k) is further amended to provide clearer direction regarding the raising of objections at the preliminary hearing. Additional grammatical and stylistic changes were also made for clarity.

URJP031.Initiation of truancy proceedings. Repeal. It is proposed that Rule 31 be repealed based on amendments to statute brought by House Bill 362 of the 2024 Legislative Session. Habitual truancy may be referred to the juvenile court for a non-judicial adjustment, but it may not be petitioned.

Posted: June 14, 2023

Rules of Juvenile Procedure – Comment Period Closed July 29, 2023

URJP022. Initial appearance and preliminary examination in cases under Utah Code section 80-6-503. Amend. The proposed amendments to Rule 22 include: (1) adding reference to Utah Code section 80-6-504 to the title; (2) changing the term “preliminary examination” to “preliminary hearing;” (3) in paragraph (f), adding reference to subsection (3) of 80-6-504; (4) in paragraph (g), clarifying timelines for scheduling preliminary hearings based on whether a youth is in custody, removing reference to Utah Code section 80-6-503, and moving the language allowing extension to time periods to the end of the paragraph; (5) replacing the language in paragraph (h) and making reference to 80-6-504(11); (6) removing specific probable cause language in paragraph (j) and making reference to 80-6-504(2)(a) and 80-6-503(3) instead; and, (7) adding “may” to the second clause of paragraph (k) to mirror the language of Rule 7B of the Utah Rules of Criminal Procedure. Lastly, the changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.

Posted: October 17, 2022

Rules of Juvenile Procedure – Comment Period Closed December 1, 2022

URJP022. Initial appearance and preliminary examination in cases under Utah Code section 80-6-503. Amend. The proposed amendments to Rule 22 include: (1) adding reference to Utah Code section 80-6-504 to the title; (2) changing the term “preliminary examination” to “preliminary hearing;” (3) in paragraph (g), clarifying timelines for scheduling preliminary hearings based on whether a youth is in custody, removing reference to Utah Code section 80-6-503, and moving the language allowing extension to time periods to the end of the paragraph; (4) updating paragraph (h) to reference 80-6-504 rather than 80-6-503 to correct a typographical error; and, (5) removing specific probable cause language and making reference to 80-6-504 instead.

Posted: June 10, 2020

Rules of Juvenile Procedure – Comment Period Closed July 25, 2020

URJP021. Warrant of arrest or summons in cases under Section 78A-6-702 and Section 78A-6-703. AMENDED. Reflects statutory changes made by H.B. 384-Juvenile Justice Amendments.

URJP022. Initial appearance and preliminary examination in cases under Section 78A-6-702. AMENDED. Reflects statutory changes made by H.B. 384-Juvenile Justice Amendments.

URJP023. Hearing to waive jurisdiction and certify under Section 78A-6703: bind over to district court. AMENDED. Reflects statutory changes made by H.B. 384-Juvenile Justice Amendments.

URJP023A. Hearing on conditions of Section 78A-6-702; bind over to district court. REPEALED. Rule 23A will be repealed because the underlying statute was repealed by H.B. 384-Juvenile Justice Amendments.

URJP044. Findings and conclusions. AMENDED. Reflects statutory changes made by H.B. 384-Juvenile Justice Amendments.