Recording of Interrogations in Utah (2016)
In 2016, the Utah Supreme Court adopted Rule of Evidence 616, which was intended to bring statewide uniformity to the admissibility of statements made during custodial interrogations. Rule 616 provides that evidence of a statement made by a defendant accused of a felony during a custodial interrogation in a place of detention shall not be admissible unless an electronic recording of the statement was made and is available at trial. The court may admit a statement made under specified exceptional circumstances. However, if the prosecution intends to offer an unrecorded statement under a specified exception, the prosecution must give the defendant written notice no later than 30 days before trial. If the court admits an unrecorded statement it may, upon the request of the defendant, give a cautionary jury instruction concerning the unrecorded statement.