Category: URAP028A

Rules of Appellate Procedure – Effective November 1, 2020

URAP009. Docketing statement. Amend.  The amendments to Rule 9 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.

URAP019. Extraordinary writs. Amend.  The amendments to Rule 19 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.

URAP028A. Appellate Mediation Office. Amend. The amendments to Rule 28A incorporate the advisory committee note into the language of the rule and repeal the note.

URAP033. Damages for delay or frivolous appeal; recovery of attorney fees. Amend. The amendments allow the court to impose sanctions without a hearing or at the court’s discretion, so long as the party is provided with notice and an opportunity to respond.

URAP044. Transfer of improperly pursued appeals. Amend. The amendments to Rule 44 incorporate the advisory committee note into the language of the rule and repeal the note.

Supreme Court Order

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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 12. Transmission of the record. Amend. Creates a process for counsel in civil cases to check out the record from the trial court.
URAP 28A. Appellate Mediation Office. Amend. Restricts disclosure of all mediation communications and documents, except the written agreement.
URAP 30. Decision of the court: dismissal; notice of decision. Amend. States that copies of unpublished decisions need not be supplied, unless the decision was issued before October 1, 1998.
URAP 55. Petition on appeal. Amend. Clarifies that a colored cover isn’t used in child welfare appeals.
Supreme Court Order.

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