Category: URAP022

Rules of Appellate Procedure – Effective May 1, 2024

URAP011. The Record on appeal. The amendments to Rule 11 clarify: (1) that exhibits will also be included in the record along with a list of all exhibits; and (2) how parties can access sealed records on appeal. The second change is in response to the Supreme Court’s opinion in State v. Chadwick, 2023 UT 12.

URAP022. Computation and enlargement of time. Rule 22 paragraph (b)(4)(D) was amended so the rule will match the long-standing procedure used in the appellate clerk’s office. The advisory committee note was also updated to remove the same language that was removed from paragraph (b)(4(D).

URAP052. Child welfare appeals. In accordance with the Supreme Court’s opinion in A.S. v. State, 2023 UT 11, Rule 52 was amended to: (1) modify the title of paragraph (c) to mirror the title used in paragraph (d) of Rule 4; and (2) add a procedure for a parent to file a motion to reinstate the period for filing a direct appeal if the parent demonstrates that they were deprived of the right to appeal.

Supreme Court Order

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Rules of Appellate Procedure – Effective May 1, 2023

URAP005. Discretionary appeals from interlocutory orders. Final Rule 5 is amended to: (1) clarify what will be deemed the entry date for an order that is entered on a weekend or legal holiday; and (2) clean up language for clarity and consistency.

URAP011. The record on appeal. Final Rule 11 is amended to: (1) add a requirement that parties include the position of all other parties when filing a motion to supplement the record; and (2) change the reference to Rule 11(e)(1) to (c)(1).

URAP022. Computation and enlargement of time. Final Rule 22 is amended to: (1) clarify what will be deemed the entry date for an order that is entered on a weekend or legal holiday; (2) clarify “legal holiday” and provide a link to the Utah Court’s website that lists the holidays on which the Utah State Courts are closed; (3) add a requirement that parties include the position of all other parties when filing a motion; and (4) clean up language for clarity and consistency.

URAP052. Child welfare appeals. Final Rule 52 is amended to: (1) clarify what will be deemed the entry date for an order that is entered on a weekend or legal holiday; and (2) clean up format for consistency.

Supreme Court Order

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Rules of Appellate Procedure

URAP 5. Discretionary appeals from interlocutory orders. Require petition for review of interlocutory order be filed before court will consider request for stay.
URAP 8. Stay or injunction pending appeal. Modify procedural requirements for requesting a stay pending appeal.
URAP 10. Motion for summary disposition. Technical amendments.
URAP 22. Computation and enlargement of time. Technical amendments.
URAP 25. Brief of an amicus curiae or guardian ad litem. Provide to the court more direct control over whether to permit an amicus brief.
URAP 27. Form of briefs. Require notice of incarceration and Anders brief.
URAP 35. Petition for rehearing. Prohibit petition for rehearing by amicus.
URAP 38B. Qualifications for Appointed Appellate Counsel. Establish minimum qualifications for appointed counsel in appellate cases.

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