Lotus Appellate Law
Utah Rules of Evidence: Trial Preparation Reference
The Utah Rules of Evidence don’t run on filing deadlines — they run on moments. Miss the instant to object and the error is waived. Fail to request a limiting instruction and the jury hears the evidence without constraint. Overlook the 14-day window to file a rape shield motion under Rule 412 and the evidence you needed excluded gets in. Serve residual hearsay notice too late and Rule 807 closes the door.
This reference covers every article of the Utah Rules of Evidence — organized by article and rule number.
Utah Rules of Evidence Reference
Timeline Indicator
Solid dot
Fixed deadline — a specific day count is required by the rule
Dashed dot
No fixed deadline — rule applies but timing is event-triggered, discretionary, or “reasonable notice”
Pill 1 — Trial Stage When in the proceedings this rule becomes relevant
Pre-Trial
Motions in limine, required notices, and disclosures that must be completed before trial begins
Before Trial Begins
Must be raised or requested before the first witness is sworn in
During Trial
Objections, foundation requirements, and rulings made at the moment evidence is offered
Cross-Exam
Applies specifically during cross-examination of a witness on the stand
Post-Verdict
Applies after the verdict is returned (e.g., limits on juror testimony about deliberations)
Any Stage
Applies at any point in the proceeding — from pretrial through appeal
Pre-Trial / Trial
Arises both before trial (disclosure or challenge) and again when the evidence is offered at trial
Pill 2 — Admissibility Posture What this rule does to the evidence
Admissible
Evidence comes in — the rule permits or requires admission when its conditions are met
Excludable
Evidence can be kept out — the rule bars or limits admission when properly invoked
Foundation Req.
Predicate facts must be established before the evidence can be admitted
Notice Req.
Advance written or verbal notice to the opposing party is required before the evidence may be used
Objection
Opponent must object at the moment evidence is offered — failure to object waives the error on appeal
Privilege
Blocks compelled disclosure of protected communications — must be asserted timely or it is waived
Request Req.
The rule’s protection only applies if a party specifically requests it — there is no sua sponte duty
Structural
Definitional or framework rule — establishes how other evidence rules are interpreted and applied
Pill 3 — Party Burden Who must act for this rule to apply
Proponent Must Act
The party offering the evidence bears the burden — lay the foundation, give required notice, or produce the original
Opponent Must Act
The opposing party must object, assert a privilege, or request action — inaction forfeits the protection
Court Acts
The court acts on its own authority as gatekeeper or sua sponte — no party motion is required to trigger it
On Request
Either party may trigger the rule by requesting it; once properly requested, the court must comply
Automatic
Operates without any party action — applies by default whenever the predicate facts exist
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Article I — General Provisions
Any Stage
Structural
Automatic
Scope and definitionsProcedural
These rules apply to proceedings in Utah courts. Specific exemptions in Rule 1101 govern when the rules do not apply. No timing requirement — establishes the scope of all other URE rules.
Any Stage
Structural
Automatic
Purpose — fairness and truth-seekingStructural
These rules should be construed to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote development of evidence law toward ascertaining the truth. No timing requirement.
During Trial
Objection
Opponent Must Act
Preserving a claim of error — timely objection requiredWaiver Risk
To preserve error in a ruling admitting evidence, a party must timely object or move to strike and state the specific ground. To preserve error in a ruling excluding evidence, the proponent must make an offer of proof. Once the court rules definitively on the record — before or at trial — no renewal is required. Failure to timely object constitutes waiver, subject only to plain error review.
Pre-Trial / Trial
Foundation Req.
Proponent Must Act
Preliminary questions — court determines admissibilityAdmissibility
The court decides any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. The court is not bound by evidence rules except privilege when deciding preliminary questions. A criminal defendant may testify on preliminary matters without that testimony being used at trial on the merits.
During Trial
Request Req.
On Request
Limiting instruction — must be requested; no sua sponte dutyRequest Required
If evidence is admissible for one party or purpose but not another, the court must — on timely request — restrict the evidence and instruct the jury accordingly. The court has no sua sponte obligation to give a limiting instruction; failure to request forfeits the protection.
During Trial
Request Req.
Opponent Must Act
Rule of completeness — adverse party may require remainder at time of introduction
If a party introduces part of a writing or recorded statement, an adverse party may require the introduction — at that time — of any other part that in fairness ought to be considered simultaneously. The request must be made contemporaneously; it cannot be deferred to rebuttal.
Article II — Judicial Notice
Any Stage
Admissible
On Request
Judicial notice — may be taken at any stage; mandatory if requested with supporting information
The court may take judicial notice on its own at any stage. If a party requests notice and supplies the necessary information, the court must take it. On timely request, any party is entitled to be heard on whether notice is appropriate. In civil cases the jury must accept the noticed fact as conclusive; in criminal cases the jury may accept or reject it.
Any Stage
Admissible
Court Acts
Judicial notice — court may act sua sponte
The court may take judicial notice on its own motion without a party’s request. If notice is taken before a party is notified, that party may still request a hearing on the propriety of the notice. No party action required to trigger this — it operates at the court’s discretion.
Article III — Presumptions
During Trial
Structural
Automatic
Presumptions in civil cases — burden of production shifts automaticallyCivil Only
In civil cases, a party against whom a presumption is directed has the burden of producing evidence to rebut it. Once that burden is met, the presumption has no further effect. The burden of persuasion remains with the originally burdened party. The presumption shifts the production burden automatically upon establishing the predicate facts — no party action required beyond proving those facts.
Article IV — Relevancy and Its Limits
During Trial
Foundation Req.
Proponent Must Act
Test for relevant evidence — any tendency toward a material fact
Evidence is relevant if it has any tendency to make a fact of consequence in the action more or less probable. The threshold is low — the proponent need only show some logical connection to a material fact. Relevance is a condition precedent to all other admissibility analysis.
During Trial
Admissible
Automatic
General admissibility — relevant evidence comes in; irrelevant evidence never does
Relevant evidence is generally admissible unless the Constitution, a statute, or another applicable rule provides otherwise. Irrelevant evidence is never admissible. No party action required — this is the default admission rule that applies automatically to all relevant evidence.
During Trial
Excludable
Opponent Must Act
Exclusion for prejudice, confusion, or waste of time — objection requiredWaiver Risk
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly cumulative evidence. The opponent must object at the time the evidence is offered; failure to object waives the claim on appeal.
Pre-Trial
Notice Req.
Proponent Must Act
Rule 404(b) — prosecutor must give reasonable pretrial notice of other-acts evidenceNotice Required
On the defendant’s request in a criminal case, the prosecutor must provide reasonable notice of the general nature of any other-acts evidence (motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident) before trial. If not given pretrial, the court may allow use during trial only on a showing of good cause.
Pre-Trial
Notice Req.
Proponent Must Act
Rule 404(c)/(d) — pretrial notice for child molestation and sexual assault propensity evidenceNotice Required
If the prosecution intends to offer propensity evidence of other acts of child molestation (404(c)) or sexual assault (404(d)), it must provide reasonable advance notice before trial. The court may excuse pretrial notice on good cause. Sexual assault propensity disclosures under 404(d) must comply with the disclosure schedule in URCrP Rule 16(a)(5).
During Trial
Foundation Req.
Proponent Must Act
Methods of proving character — opinion and reputation permitted; specific acts limited
When character evidence is admissible, it may be proved by reputation testimony or opinion. Specific instances of conduct may be used only on cross-examination of a character witness or when character is an essential element of a charge, claim, or defense. The proponent must establish the foundational predicate that character evidence is admissible before offering it.
During Trial
Excludable
Opponent Must Act
Subsequent remedial measures — not admissible to prove negligence or culpability
Evidence of measures taken after an event that would have made the harm less likely is not admissible to prove negligence, culpable conduct, a product defect, or need for a warning. May be admitted to prove ownership, control, or feasibility of precautionary measures if controverted, or to impeach. Opponent must object when the evidence is offered.
During Trial
Excludable
Opponent Must Act
Compromise offers and negotiations — generally inadmissible to prove claim validity or amount
Evidence of offers to compromise and statements made during compromise negotiations is not admissible to prove or disprove the validity or amount of a disputed claim. May be admitted for other purposes such as proving bias or negating undue delay. Opponent must object when the evidence is offered.
During Trial
Excludable
Opponent Must Act
Payment of medical expenses and expressions of apology — inadmissible to prove liability
Offers to pay or payment of medical expenses, and expressions of apology, fault, or sympathy made in connection with an accident are not admissible to prove liability. Admissions of fact separate from the payment or apology remain admissible. Opponent must object when the evidence is offered.
During Trial
Excludable
Opponent Must Act
Pleas, plea discussions, and related statements — inadmissible against defendant
Withdrawn guilty pleas, no-contest pleas, statements made during plea proceedings for later-withdrawn pleas, and statements made during plea discussions that did not result in a guilty plea are not admissible against the defendant. Exceptions apply for fairness (related statements) or perjury prosecutions. Defendant must object when offered.
Pre-Trial
Notice Req.
Proponent Must Act
Rape shield — motion to offer victim’s sexual behavior must be filed 14 days before trialHard Deadline
The only fixed day-count deadline in the URE. A party intending to offer evidence of a victim’s sexual behavior or predisposition under Rule 412(b) must file a written motion specifically describing the evidence and its purpose at least 14 days before trial, unless the court sets a different time for good cause. The motion must be served on all parties. The court must then hold an in camera hearing. All motion materials and the hearing record are classified as protected.
Article V — Privileges
Any Stage
Privilege
Opponent Must Act
Privilege in general — must be asserted or it is waivedWaiver Risk
Every person is privileged to refuse to disclose and to prevent others from disclosing confidential communications protected by applicable privilege rules. Privileges apply at all stages of proceedings. Privileges must be asserted at or before the time testimony or evidence is sought; failure to timely assert a privilege may result in waiver.
Any Stage
Privilege
Opponent Must Act
Spousal privilege — two distinct privileges; witness-spouse holds testimonial privilege
Two distinct privileges: (1) Testimonial — a spouse may refuse to testify against the other in any criminal proceeding; the witness-spouse holds this privilege. (2) Confidential communications — either spouse may refuse to disclose a confidential communication made during the marriage. Both survive the marriage. Neither applies to crimes against the other spouse or their children.
Any Stage
Privilege
Opponent Must Act
Attorney-client privilege — client holds the privilege; attorney must assert it absent waiver
A client may refuse to disclose and prevent others from disclosing confidential communications made for the purpose of facilitating professional legal services. The privilege belongs to the client; the attorney must claim it on the client’s behalf absent a waiver. Exceptions: crime-fraud, claimants through the same deceased client, and attorney-client disputes.
Any Stage
Privilege
Opponent Must Act
Physician and mental health therapist-patient privilege
A patient may refuse to disclose and prevent others from disclosing confidential communications or records made for diagnosis or treatment of a physical, mental, or emotional condition. The patient holds the privilege. Exceptions include court-ordered examinations, proceedings to hospitalize the patient, and cases where the patient’s condition is an element of a claim or defense.
Article VI — Witnesses
During Trial
Foundation Req.
Opponent Must Act
Competency — every person presumed competent; challenge must be raised before testimony
Every person is competent to be a witness unless the rules provide otherwise. A challenge to competency must be raised before the witness testifies; a mid-testimony challenge requires showing the incompetency was not reasonably discoverable earlier. The opponent bears the burden of establishing incompetency.
Post-Verdict
Excludable
Automatic
Juror competency as a witness — strict limits on post-verdict inquiry into deliberations
A juror may not testify as a witness during the trial. After the verdict, a juror may not testify about statements made during deliberations, the effect of anything on a juror’s vote, or any juror’s mental processes. A juror may testify only about extraneous prejudicial information or an outside improper influence brought to the jury’s attention. These exclusions are automatic — no objection needed for the rule to apply.
During Trial
Admissible
Opponent Must Act
Impeachment — any party may attack any witness’s credibility including its own
Any party, including the party that called the witness, may attack the witness’s credibility. No advance notice required. The party seeking to impeach must conduct impeachment during examination or introduce extrinsic evidence as permitted by the rules at the appropriate time.
During Trial
Foundation Req.
Proponent Must Act
Character for truthfulness — opinion/reputation only; no extrinsic evidence of specific acts
A witness’s credibility may be attacked or supported by opinion or reputation testimony about truthfulness. Specific instances of conduct may be inquired into on cross-examination if probative of truthfulness, but extrinsic evidence of specific acts is not admissible to prove character for truthfulness. The proponent must establish foundation before offering character evidence about a witness.
Pre-Trial
Notice Req.
Proponent Must Act
Convictions older than 10 years — reasonable written notice required before useNotice Required
If more than 10 years have passed since the conviction or release from confinement (whichever is later), the conviction is admissible only if its probative value substantially outweighs its prejudicial effect and the proponent gives the adverse party reasonable written notice of intent to use it. No fixed day count — “reasonable” means far enough in advance for the opponent to contest the conviction’s use.
During Trial
Structural
Court Acts
Mode and order of examining witnesses — court exercises reasonable control
The court controls the mode and order of examining witnesses and presenting evidence to make the examination effective, avoid wasting time, and protect witnesses from harassment. Cross-examination should not exceed the scope of direct. Leading questions are permitted on cross-examination as of right. The court acts on its own authority to manage witness examination.
During Trial
Request Req.
Opponent Must Act
Writing used to refresh memory — adverse party entitled to inspect and cross-examine
If a witness uses a writing to refresh memory before or during testimony, the adverse party is entitled to have it produced, to inspect it, to cross-examine on it, and to introduce relevant portions into evidence. The opponent must request production; if the writing is withheld, the court may order the testimony stricken or in criminal cases declare a mistrial.
Cross-Exam
Foundation Req.
Proponent Must Act
Prior inconsistent statements — extrinsic evidence requires foundation; opportunity to explain
When examining a witness about a prior statement, contents need not be disclosed in advance but must be shown to opposing counsel on request. Extrinsic evidence of a prior inconsistent statement is admissible only if the witness is afforded an opportunity to explain or deny it and the opposing party may examine the witness on it. Foundation must be laid before extrinsic evidence is admitted.
Before Trial Begins
Request Req.
On Request
Excluding witnesses — court must order exclusion on request; request before first witness swornRequest Required
At a party’s request the court must order witnesses excluded so they cannot hear other witnesses’ testimony. The court may also act sua sponte. Exceptions: natural-person parties; designated corporate representatives; persons whose presence is essential to presenting the case; and persons authorized by statute to be present. Request should be made before the first witness is sworn to be fully effective.
Article VII — Opinions and Expert Testimony
During Trial
Foundation Req.
Proponent Must Act
Lay opinion — must be based on witness’s own perception; no specialized knowledge
A lay witness’s opinion is admissible only if it is rationally based on the witness’s own perception, helpful to understanding the testimony or determining a fact in issue, and not based on scientific, technical, or specialized knowledge requiring expert disclosure. The proponent must establish the foundational predicate that the opinion is rationally based on personal perception.
Pre-Trial
Foundation Req.
Proponent Must Act
Expert testimony — threshold reliability showing required; challenge by pretrial motion in limineGatekeeping Hearing
Expert testimony is admissible only upon a threshold showing that underlying principles or methods are reliable, based on sufficient facts or data, and reliably applied to the facts. The threshold is met if the methods are generally accepted in the expert community. The proponent bears the burden of establishing reliability. Challenges should be raised by pretrial motion in limine. Expert disclosure timing is governed by scheduling orders and URCrP Rule 16(a)(5) — not the URE itself.
During Trial
Foundation Req.
Proponent Must Act
Bases of expert opinion — may rely on otherwise inadmissible facts if reasonably relied upon by experts in the field
An expert may base an opinion on facts or data that experts in the field would reasonably rely upon even if those facts are not independently admissible. Facts or data that are otherwise inadmissible may be disclosed to the jury only if their probative value substantially outweighs their prejudicial effect. The proponent must establish that the reliance is reasonable in the field.
Pre-Trial / Trial
Admissible
Court Acts
Court-appointed experts — disclosure, deposition, and testimony rights
The court may appoint any expert agreed upon by the parties or of its own selection. The appointed expert must advise the parties of findings; may be deposed by any party; may be called by the court or any party; and may be cross-examined by any party. The jury must be told the expert is court-appointed. Parties retain the right to call their own experts. The court initiates the appointment process.
Article VIII — Hearsay
During Trial
Admissible
Automatic
Hearsay definitions — prior statements and party admissions are expressly excluded from hearsay
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. Expressly excluded (treated as non-hearsay and automatically admissible if otherwise proper): prior inconsistent statements under oath; prior consistent statements offered to rebut fabrication; prior identification statements; and party-opponent admissions including authorized, vicarious, and co-conspirator statements. No party action required — the exclusions operate automatically by definition.
During Trial
Objection
Opponent Must Act
Rule against hearsay — hearsay is inadmissible unless an exception appliesObjection Required
Hearsay is not admissible unless an exception under Rule 803, 804, or 807 applies. Hearsay objections must be raised at the time the evidence is offered; failure to object waives the claim. The proponent bears the burden of establishing that a recognized exception applies once the hearsay objection is made.
During Trial
Admissible
Proponent Must Act
Hearsay exceptions — declarant availability immaterial (23 exceptions)
23 exceptions apply regardless of the declarant’s availability, including: present sense impression; excited utterance; then-existing mental or physical condition; medical diagnosis statements; recorded recollection; business records; public records; vital statistics; and judgments of previous conviction. No advance notice is required for most Rule 803 exceptions — the proponent must establish foundational requirements at the time the evidence is offered.
During Trial
Admissible
Proponent Must Act
Hearsay exceptions — declarant must be unavailable (5 exceptions)
Applies only when the declarant is unavailable (unable to testify due to privilege, refusal, lack of memory, death, or absence despite reasonable efforts). Exceptions: former testimony; statements under belief of imminent death; statements against interest; and statements of personal or family history. The proponent must establish unavailability as a threshold matter before using any Rule 804 exception.
Pre-Trial
Notice Req.
Proponent Must Act
Residual hearsay exception — reasonable advance notice required before trialNotice Required
A hearsay statement not covered by Rule 803 or 804 may be admitted if it has equivalent guarantees of trustworthiness, is offered for a material fact, is more probative than other obtainable evidence, and its admission serves the interests of justice. Before the trial or hearing, the proponent must give the adverse party reasonable notice of the intent to offer the statement and its particulars — including the declarant’s name and address — so that the party has a fair opportunity to respond.
Article IX — Authentication and Identification
During Trial
Foundation Req.
Proponent Must Act
Authentication — proponent must produce evidence sufficient to support a finding that the item is what it is claimed to be
Authentication is a condition precedent to admission. Rule 901(b) provides non-exhaustive methods: testimony of a witness with knowledge; non-expert handwriting opinion; comparison with authenticated specimens; distinctive characteristics; voice identification; telephone conversations; public records; ancient documents; and process or system evidence. The proponent must establish authentication before the evidence is received.
During Trial
Admissible
Automatic
Self-authenticating evidence — no extrinsic authentication required
Certain items are self-authenticating and require no extrinsic evidence: domestic public documents under seal; domestic public documents signed by a public officer; foreign public documents; certified copies of public records; official publications; newspapers; trade inscriptions; acknowledged instruments; commercial paper; and certified records of regularly conducted activities. Authentication is established automatically by the nature of the document — no witness or extrinsic proof needed.
Article X — Contents of Writings, Recordings, and Photographs
Any Stage
Structural
Automatic
Definitions — writing, recording, photograph, original, duplicate
Defines key terms for Article X: “writings” and “recordings” include any form of letters, words, or numbers; “photographs” include still photos, X-rays, video, and motion pictures; an “original” is the writing or recording itself or a counterpart intended to have the same effect; a “duplicate” is a counterpart produced by a process that accurately reproduces the original. No party action required — definitional framework only.
During Trial
Foundation Req.
Proponent Must Act
Best evidence rule — original required to prove contents of a writing, recording, or photographFoundation Required
An original is required to prove the contents of a writing, recording, or photograph unless the rules or a statute provides otherwise. The rule applies when a party seeks to prove what a document says — not merely that the document exists. The proponent must produce the original or establish an excuse for its absence under Rule 1004. Objections to secondary evidence must be raised when offered.
Pre-Trial / Trial
Foundation Req.
Proponent Must Act
Summaries of voluminous records — originals must be made available for opposing party’s examination
A summary, chart, or calculation may be used to prove the content of voluminous writings, recordings, or photographs that cannot conveniently be examined in court. The proponent must make the originals or duplicates available for examination or copying at a reasonable time and place. This disclosure obligation arises before the summary is offered; the court may also order production in court.
Article XI — Miscellaneous Rules
Any Stage
Structural
Automatic
Applicability of the rules — when the URE does and does not apply
The URE apply to proceedings in Utah courts. Privilege rules apply at all stages. The remaining rules do not apply to: preliminary fact determinations under Rule 104(a); grand jury proceedings; sentencing, probation, and parole hearings; preliminary examinations in criminal cases; extradition; and contempt or forfeiture proceedings where the court determines the rules are inappropriate. The exemptions operate automatically — no party action required.
Pre-Trial
Admissible
Automatic
Reliable hearsay in criminal preliminary examinations — full hearsay rule does not apply
At a criminal preliminary examination, a finding of probable cause may be based in whole or in part on reliable hearsay. This rule reflects Rule 1101’s exemption of preliminary examinations from the full evidentiary rules. No party action required — the relaxed hearsay standard applies automatically at the preliminary examination stage.
Legal Disclaimer: The filing deadlines and procedural rules compiled on this page are provided for general informational purposes only and do not constitute legal advice. While Lotus Appellate Law strives to keep this reference current, we cannot guarantee the accuracy, completeness, or timeliness of any information presented here. Court rules are amended periodically and without notice. Always verify deadlines and procedural requirements directly against the official Utah Rules of Appellate Procedure at utcourts.gov before relying on any information on this page. Missing a filing deadline can have serious and irreversible consequences. If you have questions about a specific matter, consult a licensed Utah attorney.