1
2
3
4
5
6
7
8 LONG TITLE
9 General Description:
10 This resolution amends the Utah Rules of Criminal Procedure, Rule 12, regarding
11 motions.
12 Highlighted Provisions:
13 This resolution:
14 ▸ amends the Utah Rules of Criminal Procedure, Rule 12, regarding motions on the
15 justifiable use of force in 2021 General Session, House Bill 227; and
16 ▸ makes technical and conforming changes.
17 Special Clauses:
18 This resolution provides a special effective date.
19 Utah Rules of Civil Procedure Affected:
20 AMENDS:
21 Rule 12, Utah Rules of Criminal Procedure
22
23 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
24 of the two houses voting in favor thereof:
25 As provided in Utah Constitution Article VIII, Section 4, the Legislature may amend
26 rules of procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of
27 all members of both houses of the Legislature:
28 Section 1. Rule 12, Utah Rules of Criminal Procedure is amended to read:
29 Rule 12. Motions.
30 (a) Motions. An application to the court for an order shall be by motion, which, unless
31 made during a trial or hearing, shall be in writing and in accordance with this rule. A motion
32 shall state succinctly and with particularity the grounds upon which it is made and the relief
33 sought. A motion need not be accompanied by a memorandum unless required by the court.
34 (b) Request to Submit for Decision. If neither party has advised the court of the filing
35 nor requested a hearing, when the time for filing a response to a motion and the reply has
36 passed, either party may file a request to submit the motion for decision. If a written Request to
37 Submit is filed it shall be a separate pleading so captioned. The Request to Submit for Decision
38 shall state the date on which the motion was served, the date the opposing memorandum, if
39 any, was served, the date the reply memorandum, if any, was served, and whether a hearing has
40 been requested. The notification shall contain a certificate of mailing to all parties. If no party
41 files a written Request to Submit, or the motion has not otherwise been brought to the attention
42 of the court, the motion will not be considered submitted for decision.
43 (c) Time for filing specified motions. Any defense, objection or request, including
44 request for rulings on the admissibility of evidence, which is capable of determination without
45 the trial of the general issue may be raised prior to trial by written motion.
46 (c) (1) The following shall be raised at least 7 days prior to the trial:
47 (c) (1) (A) defenses and objections based on defects in the indictment or information;
48 (c) (1) (B) motions to suppress evidence;
49 (c) (1) (C) requests for discovery where allowed;
50 (c) (1) (D) requests for severance of charges or defendants;
51 (c) (1) (E) motions to dismiss on the ground of double jeopardy; or
52 (c) (1) (F) motions challenging jurisdiction, unless good cause is shown why the issue
53 could not have been raised at least 7 days prior to trial.
54 (c) (2) Motions for a reduction of criminal offense at sentencing pursuant to Utah Code
55 § 76-3-402(1) shall be in writing and filed at least 14 days prior to the date of sentencing unless
56 the court sets the date for sentencing within ten days of the entry of conviction. Motions for a
57 reduction of criminal offense pursuant to Utah Code § 76-3-402(2) may be raised at any time
58 after sentencing upon proper service of the motion on the appropriate prosecuting entity.
59 (c) (3) Motions on the justification of the use of force pursuant to Utah Code section
60 76-2-309 shall be filed:
61 (c) (3) (A) in writing; and
62 (c) (3) (B) at least 28 days before trial, unless there is good cause shown as to why the
63 issue could not have been raised at least 28 days before trial.
64 (d) Motions to Suppress. A motion to suppress evidence shall:
65 (d) (1) describe the evidence sought to be suppressed;
66 (d) (2) set forth the standing of the movant to make the application; and
67 (d) (3) specify sufficient legal and factual grounds for the motion to give the opposing
68 party reasonable notice of the issues and to enable the court to determine what proceedings are
69 appropriate to address them.
70 If an evidentiary hearing is requested, no written response to the motion by the
71 non-moving party is required, unless the court orders otherwise. At the conclusion of the
72 evidentiary hearing, the court may provide a reasonable time for all parties to respond to the
73 issues of fact and law raised in the motion and at the hearing.
74 (e) A motion made before trial shall be determined before trial unless the court for
75 good cause orders that the ruling be deferred for later determination. Where factual issues are
76 involved in determining a motion, the court shall state its findings on the record.
77 (f) Failure of the defendant to timely raise defenses or objections or to make requests
78 which must be made prior to trial or at the time set by the court shall constitute waiver thereof,
79 but the court for cause shown may grant relief from such waiver.
80 (g) A verbatim record shall be made of all proceedings at the hearing on motions,
81 including such findings of fact and conclusions of law as are made orally.
82 (h) If the court grants a motion based on a defect in the institution of the prosecution or
83 in the indictment or information, it may also order that bail be continued for a reasonable and
84 specified time pending the filing of a new indictment or information. Nothing in this rule shall
85 be deemed to affect provisions of law relating to a statute of limitations.
86 Section 2. Contingent effective date.
87 This resolution takes effect upon approval by a constitutional two-thirds vote of all
88 members elected to each house only if H.B. 227, Self Defense Amendments, 2021 General
89 Session, passes the Legislature and becomes law on May 5, 2021.