QUESTION
How do I find out the rules of evidence for a specific municipal court?
Asked on Jul 31st, 2015 on Criminal Law - Utah
More details to this question:
I was charged with Public Intoxication in Murray, UT about a month ago and spent the night in the county jail. My arraignment is scheduled to take place in the latter half of August, at which time I plan to enter a not guilty plea. I have evidence that supports my case but have been unable to find anything addressing the rules of evidence for Murray Justice Court. I tried calling in and asking the clerk for some information. The clerk had no idea what I was talking about and put me on hold. After a few minutes they came back and said that there weren't really any rules, just to bring it with me the day of the trial. I have my reservations as to the credibility of that advice, and do not have a case should it prove to be erroneous. How can I verify the rules of evidence before making my first appearance?
1 ANSWER
Yes, the Utah Rules of Evidence apply to justice courts. See Utah R. Evid. 101.
http://www.utcourts.gov/resources/rules/ is a nice link to all the court rules of Utah Courts.
All evidence will require you to prove that the exhibit is what you propose it to be. That is called laying a foundation that the exhibit is real, authentic and not falsified.
Best of Luck.
Answered on Aug 03rd, 2015 at 6:53 AM
This response should not be construed as creating an attorney-client relationship or providing legal advice.