| (1) |
An individual receiving a citation issued pursuant to Section 77-7-18 shall appear in the court designated in the citation on or before the time and date specified in the citation unless:
Terms Used In Utah Code 77-7-19- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
| (a) |
the citation states that the court will, within five to 14 days, notify the individual of when to appear; or |
| (b) |
the individual is permitted to remit the fine and other penalties without a personal appearance in accordance with a uniform fine schedule adopted by the Judicial Council or by court order under Section 77-7-21. |
|
| (2) |
A citation may not require an individual to appear or contact the court sooner than five days or later than 14 days following its issuance. |
| (3) |
If the individual cited does not appear before the court as directed by the citation or the court, or pay the fine as allowed by Section 77-7-21, the court may issue a bench warrant for the individual’s arrest. |
| (4) |
| (a) |
Clerks and other administrative personnel serving the courts shall identify for the judge any citations over which the court may lack jurisdiction. |
| (b) |
Upon determining that the court lacks jurisdiction over a citation, the court shall:
| (i) |
transfer the case to a court with jurisdiction; |
| (ii) |
if the court cannot readily identify a court with jurisdiction, dismiss the charges contained in the citation; and |
| (iii) |
notify the prosecutor of the transfer or dismissal. |
|
| (c) |
Any fine, fee, or forfeiture collected by a court that lacks jurisdiction shall be:
| (i) |
transferred to the court receiving the case; or |
| (ii) |
if the case is dismissed, returned to the defendant. |
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Amended by Chapter 185, 2020 General Session
