The Utah Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires March 14, 2014.
Summary of proposed amendments
URCrP 007. Proceedings before magistrate. Amend. Conforms the rule to existing practices. Authorizes a magistrate to issue a material witness warrant at the same time bail is fixed. Clarifies that a material witness may not be detained if the person cannot post bail and that the witness’s testimony may be taken by deposition.
URCrP 038. Appeals from justice court to district court. Amend. Reflects that citations are now efiled and, therefore, that an abstract of a citation will be included in the record on appeal.
URCrP 040. Search warrants. Amend. Makes all sealed search warrants public after six months. The prosecutor or law enforcement officer may apply for additional six month sealing periods. If documents have been sealed for three years or more, an individual may seek to indefinitely seal the documents.
USB 14-0510. Prosecution and appeals. Amend. Provides the time in which the respondent to an ethics complaint may respond to an exception filed by OPC.
How to view redline text of the proposed amendments
To see proposed rule amendments and to submit comments, click on this link to: http://www.utcourts.gov/resources/rules/comments/. 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 you submit 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.
Submit comments directly through the website or to:
Please include the comment in the message text, not in an attachment.
Administrative Office of the Courts
Salt Lake City, Utah 84114-0241
One method of submitting a comment is sufficient.
PLEASE INCLUDE THE RULE NUMBER YOU ARE REFERRING TO IN YOUR COMMENT.