Category: URAP004

Rules of Appellate Procedure – Effective May 1, 2024

URAP004. Appeal as of right: when taken. The approved amendments to Rule 4 include: (1) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; (2) clarify when the time for appeal beings to run when multiple post-judgment motions are decided separately; (3) restructure paragraph (f) to be consistent with paragraph (g) (addressing reinstating the right to appeal in civil cases); (4) explain the standard governing a motion to reinstate the time for appeal in a criminal case; (5) include a one-year deadline from discovery of facts giving rise to the claim; (6) require a defendant to include in the motion for reinstatement the reasons for filing later than the one year deadline; and (7) clean up language for clarity.

Supreme Court Order

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Rules of Appellate Procedure – Effective May 3, 2023

URAP004. Appeal as of right: when taken. S.B. 18, the Public Expression Protection Act, originally sought to impose a 21-day deadline to file a notice of appeal from the denial of an expedited motion to dismiss a lawsuit under the Act. But the Utah Supreme Court’s legislative liaison recognized that including a deadline to file a notice of appeal in a statute could raise constitutional questions about whether that deadline infringes the Court’s procedural rulemaking authority. There was not enough time left in the legislative session for the legislature to pursue a joint resolution to amend the rules of appellate procedure to add the new deadline. Thus, to avoid future litigation on the constitutional issue, court and legislative personnel worked jointly to amend rule 4 to include the new deadline to take effect simultaneously with the bill’s effective date of May 3, 2023.  The Court has accordingly adopted the amendment to rule 4 on an expedited basis, with the public comment period to follow, pursuant to rule 11-105(5) of the Utah Rules of Judicial Administration.

Supreme Court Order

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Rules of Appellate Procedure – Effective April 2, 2020

URAP002. Suspension of rules.

URAP003. Appeal as of right: how taken.

URAP004. Appeal as of right: when taken.

URAP009. Docketing statement.

URAP011. The record on appeal.

URAP012. Transmission of the record.

URAP014. Review of administrative orders: how obtained; intervention.

URAP020. Habeas corpus proceedings.

URAP021. Filing and service.

URAP022. Computation and enlargement of time.

URAP024. Principal and reply briefs.

URAP027. Form of briefs.

URAP029. Oral arguments.

URAP031. Expedited appeals decided after oral argument without written opinion.

URAP033. Damages for delay or frivolous appeal; recovery of attorney’s fees.

URAP037. Suggestion of mootness; voluntary dismissal.

URAP038B. Qualifications for appointed appellate counsel.

URAP040. Attorney’s or party’s signature; representations to the courts; sanctions and discipline.

URAP041. Certification of questions by law of United States courts.

URAP042. Transfer of case from Supreme Court to Court of Appeals.

URAP043. Certification by the Court of Appeals to the Supreme Court.

Supreme Court Order – Amending Advisory Committee Notes to rules 2, 3, 9, 21, 22, 24, 27, 38B, 40, 41, 42, and 43

Supreme Court Order – Removing Advisory Committee Notes to rules 4, 11, 12, 14, 20, 29, 31, 33, 37, and 41

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Rules of Appellate Procedure – Effective November 1, 2016

URAP004 Establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under Rules of Civil Procedure 50, 52 or 59, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.

URAP028A Outlines different processes for mediation in the Supreme Court and the Court of Appeals. Provides that the denial of a mediation request does not prevent parties from engaging in private mediation or settlement negotiations. Makes technical changes.

Supreme Court Order

 

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Rules of Appellate Procedure

URAP 001. Scope of rules. Amend. Makes technical changes and clarifies which appellate rules apply in child welfare proceedings.
URAP 004. Appeal as of right; when taken. Amend. Clarifies the process for filing a motion for extension of time to file a notice of appeal based on good cause or based on good cause or excusable neglect.
URAP 019. Extraordinary writs. Amend. Changes references to rule 8A to rule 23C in line with the renumbering of rule 8A effective November 1, 2014.
URAP 025. Brief of amicus curiae or guardian ad litem. Amend. Makes technical changes and clarifies that the deadline for filing a motion for leave to file a brief of amicus curiae or guardian ad litem does not apply when a motion for leave is filed under URAP 50(f).
URAP 047. Certification and transmission of record; joint and separate petitions; cross-petitions; parties. Rename and amend. Removes the requirement for certification of the record. Provides that the Clerk of the Supreme Court shall notify the Clerk of the Court of Appeals to transmit the record on appeal to the Supreme Court when a petition for certiorari has been granted.
URAP 048. Time for petitioning. Amend. Clarifies the process for filing a motion for extension of time to file a petition for writ of certiorari based on good cause or based on good cause or excusable neglect.
Supreme Court Order.

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Rules of Appellate Procedure

URAP 004. Appeal as of right: when taken. Amend. Creates a process for litigants in civil cases to seek reinstatement of the 30 day period for filing an appeal. A trial court may reinstate the time for appeal if a party did not receive a notice of the judgment, because it was not promptly sent and the litigant otherwise exercised reasonable diligence in monitoring the proceedings.
Supreme Court Order.

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Rules of Appellate Procedure

URAP 004. Appeal as of right: when taken. Amend. The amendment deletes the paragraph on notices of appeal filed by inmates, which provision is moved to Rule 21. The amendment also clarifies the time for filing a cross-appeal. The time begins from the date that the notice of appeal is docketed, rather than filed.
URAP 021. Filing and service. Amend. The amendment includes the provisions on filing notices of appeal by inmates. The amendments also clarify where filings are to be made and when filing is deemed accomplished.
Supreme Court Order
URAP 038A. Withdrawal of counsel. Amend. Places the burden on opposing counsel to file the notice to appoint or appear when an attorney withdraws from a case. This will make the practice similar to the practice in trial courts.
Supreme Court Order

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Rules of Appellate Procedure

URAP 04. Appeal as of right: when taken. Amend. Creates a procedure to implement the directive in State v. Manning, 2005 UT 61, 122 P.3d 628. allowing a criminal defendant to have appeal rights reinstated, when the defendant has been deprived of the an appeal. Effective: November 1, 2006
URAP 24. Briefs. Amend. Clarifies the briefs that are to be filed and the number of pages permitted in cases involving cross-appeals. A singled brief may not exceed 50 pages, and the combined total of a party’s two briefs may not exceed 75 pages. Effective: November 1, 2006
URAP 60. Judicial bypass appeals. New. Establishes an expedited procedure by which a minor can appeal denial or dismissal of a petition to bypass parental consent to an abortion. Effective May 1, 2006. Subject to further changes after the comment period.
Supreme Court Order May 1, 2006
Supreme Court Order

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Rules of Appellate Procedure

URAP 04. Appeal as of right: when taken. Amend. The proposed amendments are intended to clarify the status of a notice of appeal filed while certain motions are pending. The notice of appeal will be effective as of the date the motion is resolved, but will only be effective for the underlying judgment.
URAP 08A. Emergency relief. New. Creates a new rule to establish a process for managing requests for emergency relief.
URAP 09. Docketing statement. Amend. Contains a technical change to reflect a legislative amendment requiring a motion to withdraw a guilty plea to be made before sentencing.
URAP 12. Transmission of the record. Amend. Requires the clerk transmit the record in post-conviction cases.
URAP 19. Extraordinary writs. Amend. Clarifies the process for resolving petitions for extraordinary relief, and references Rule 8A for other requests for emergency relief. Clarifies that the court?s decision will be based on the petition and the response, unless briefing is requested by the court.
URAP 30. Decision of the court: dismissal; notice of decision. Amend. Technical change.
Supreme Court Order.

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