by admin | May 14, 2021 | Criminal Procedure, Utah
(a) Notice of change. In any criminal action commenced after April 15, 1992 in any district or justice court, all parties joined in the action may, by unanimous agreement and without cause, change the judge assigned to the action by filing a notice of change of judge....
by admin | May 14, 2021 | Criminal Procedure, Utah
(a)Disability.(a)(1) Substitute judge during trial. If, by reason of death, sickness, or other disability, the judge before whom a trial has begun is unable to continue with the trial, any other judge of that court or any judge assigned by the presiding officer of the...
by admin | May 14, 2021 | Criminal Procedure, Utah
(a) If a judgment of conviction is reversed, a new trial shall be held unless otherwise specified by the appellate court. Pending a new trial or other proceeding, the defendant shall be detained, or released, or otherwise restricted as the trial court on remand...
by admin | May 14, 2021 | Criminal Procedure, Utah
(a) The procedures in this rule shall be used in determining whether to stay the payment of any fines or periods of incarceration pending the resolution of an appeal for a hearing de novo, pursuant to Utah Code § 78A-7-118(3). This rule shall also govern stays in all...
by admin | May 14, 2021 | Criminal Procedure, Utah
(a) Except as outlined in subsection (d) below, the procedures in this rule shall govern stays of terms of sentences when a defendant files an appeal in a court not of record for a trial de novo pursuant to Utah Code § 78A-7-118(1).(b) Upon the timely filing of a...
by admin | May 14, 2021 | Criminal Procedure, Utah
(a) Staying sentence terms other than incarceration.(a)(1) A sentence of death is stayed if a motion for a new trial, an appeal or a petition for other relief is pending. The defendant shall remain in the custody of the warden of the Utah State Prison until the appeal...
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