Notice of Proposed Amendments to Utah Court Rules

The Utah Supreme Court and the Utah Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires July 15, 2014.

Summary of proposed amendments

Rules of Appellate Procedure

URAP 035. Petition for rehearing. Amend. Outlines the circumstances under which a petition for rehearing may be filed. Separates parts of the rule into separate subparagraphs. Provides the color for covers of petitions and responses filed under this rule.

URAP 038. Qualifications for appointed appellate counsel. Amend. Requires that appointed appellate counsel represent a client through the first right of appeal.

URAP 047. Certification and transmission of record; joint and separate petitions; cross-petitions; parties. Rename and amend. Removes the requirement for certification of the record. Provides that the Clerk of the Supreme Court shall notify the Clerk of the Court of Appeals to transmit the record on appeal to the Supreme Court when a petition for certiorari has been granted.

Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Changes the time for probable cause from 48 hours to 24 hours after the arrest. Requires that the magistrate release the arrestee after 24 hours unless the officer is able to establish that the delay was caused by a bona fide emergency or other extraordinary circumstances.

URCrP 038. Appeals from justice court to district court. Amend. Eliminates the requirement that the court transmit a certified copy of the appeal packet to the district court as notification will occur electronically. Creates a standard for reinstating a dismissed appeal. Clarifies that a motion to reinstate the appeal may be made within a reasonable time after dismissal.

URCrP 040. Search warrants. Amend. Conforms the rule to HB 70 by incorporating the standards of probable cuase and a reasonable belief that harm may occur.

 Rules Governing the Utah State Bar

USB 14-0533. Diversion. Amend. Changes a term on the committee from three years to four years. Effective May 23, 2014 under CJA 11-105. Subject to change after the comment period.

How to view redline text of the proposed amendments

To see proposed rule amendments and submit comments, click on this link to: Then click on the rule number.

How to submit comments

You can comment and view the comments of others by clicking on the “comments” link associated with each body of rules. It is most efficient if you submit comments through the website, and you are encouraged to do so. After clicking on the comment link, you will be prompted for your name, which we request, and your email address which need not be your real address. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.

After submitting your comment on the webpage, you may get an error message, but your comment has been delivered to a buffer, and I will publish it at the earliest opportunity.

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