Rule 9. Docketing statement.

(a) Time for filing. Within 21 days after a notice of appeal, cross-appeal, or a petition for review is filed, the appellant, cross-appellant, or petitioner shall file an original and two copies of a docketing statement with the clerk of the appellate court and serve a copy with attachments on all parties. The Utah Attorney General shall be served in any appeal arising from a crime charged as a felony or a juvenile court proceeding.

(b) Interlocutory appeals. When a petition for interlocutory review is granted under Rule 5, a docketing statement shall not be filed, unless otherwise ordered.

(c)(1) A concise statement of the nature of the proceeding, e.g., "This appeal is from a final judgment or decree of the First District Court" or "This petition is from an order of the Utah State Tax Commission."

(c)(2) The statutory provision that confers jurisdiction on the appellate court.

(c)(3) The following dates relevant to a determination of the timeliness of the notice of appeal:

(c)(3)(A) The date of entry of the final judgment or order from which the appeal is taken.

(c)(3)(B) The date the notice of appeal or petition for review was filed.

(c)(3)(C) The date of any motions filed pursuant to Rules 50(b), 52(b), or 59, Utah Rules of Civil Procedure, or Rule 24, Utah Rules of Criminal Procedure, and the date and effect of any orders disposing of such motions.

(c)(4) If the appellant is an inmate confined in an institution and is invoking Rule 4(g), a statement to that effect.

(c)(5) If an appeal is from an order in a multiple-party or a multiple-claim case, and the judgment has been certified as a final judgment by the trial court pursuant to Rule 54(b), Utah Rules of Civil Procedure:

(c)(5)(A) a statement of what claims and parties remain before the trial court for adjudication, and

(c)(5)(B) a statement of whether the facts underlying the appeal are sufficiently similar to the facts underlying the claims remaining before the trial court to constitute res judicata on those claims.

(c)(6) If the case is criminal,

(c)(6)(A) the charges of which the defendant was convicted or, if the defendant is not convicted, the dismissed or pending charges;

(c)(6)(B) any sentence imposed; and

(c)(6)(C) whether the defendant is currently incarcerated.

(c)(7) A statement of the issues appellant intends to assert on appeal, including, for each issue,

(c)(7)(A) citations to determinative statutes, rules, or cases;

(c)(7)(B) the applicable standard of appellate review, with supporting authority.

(c)(8) A succinct summary of facts material to a consideration of the issues presented.

(c)(9) If the appeal is subject to assignment by the Supreme Court to the Court of Appeals, and the appellant advocates or opposes such an assignment, a succinct statement of reasons why the Supreme Court should or should not assign the case. The Supreme Court may, for example, consider whether the case presents or involves one or more of the following:

(c)(9)(A) a novel constitutional issue;

(c)(9)(B) an important issue of first impression;

(c)(9)(C) a conflict in Court of Appeals decisions;

(c)(9)(D) any other persuasive reason why the Supreme Court should or should not resolve the issue.

(c)(10) A reference to all related or prior appeals in the case, with case numbers and citations.

(d) Necessary attachments. Copies of the following must be attached to each copy of the docketing statement:

(d)(1) The final judgment or order from which the appeal is taken;

(d)(2) Any rulings or findings of the trial court or administrative tribunal included in the judgment from which the appeal is taken;

(d)(3) In appeals arising from an order of the Public Service Commission, any application for rehearing filed pursuant to Utah Code Section 54-7-15;

(d)(4) The notice of appeal and any order extending the time for the filing of a notice of appeal.

(d)(5) Any notice of claim.

(d)(6) Any motions filed pursuant to Rules 50(b), 52(b), 54(b), or 59, Utah Rules of Civil Procedure, or Rule 24, Utah Rules of Criminal Procedure, and orders disposing of such motions; and

(d)(7) If the appellant is an inmate confined in an institution and is invoking Rule 4(g), the notarized statement or written declaration required by that provision.

(e) Appellee’s statement regarding assignment. If the appeal is subject to assignment by the Supreme Court to the Court of Appeals, an appellee may within 10 days of service of the docketing statement file a succinct statement of reasons why the appeal should or should not be assigned.

(f) Consequences of failure to comply. Docketing statements which fail to comply with this rule will not be accepted. Failure to comply may result in dismissal of the appeal or the petition. An issue not listed in the docketing statement may nevertheless be raised in appellant’s opening brief.

Advisory Committee Notes

The content of the docket statement has been slightly reordered to first state information governing the jurisdiction of the court.

The docket statement and briefs contain a new section requiring a statement of the applicable standard of review, with citation of supporting authority, for each issue presented on appeal.

The content of the docket statement has been reordered and brought into conformity with revised Rule 4, Utah Rules of Appellate Procedure. This rule is satisfied by a docketing statement in compliance with form 7.