Category: URAP048

Rules of Appellate Procedure – Effective November 1, 2020

URAP048. Time for petitioning. Amend. First, the amendments to URAP Rule 48(c) clarify that the new paragraph (b) of Rule 35 does not affect the time for filing a petition for a writ of certiorari, unless the Court of Appeals treats the request as a petition for rehearing under Rule 35(a). Second, the amendments to Rule 48(e) are meant to conform to current Supreme Court practices in reviewing requests for time extensions. Third, the amendments remove paragraph (f) to conform with Standing Order 11. Fourth, there are general clean-up amendments proposed throughout the rule.

Supreme Court Order

Continue Reading

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.

Continue Reading

Utah Rules of Appellate Procedure

URAP 11. The record on appeal. Amend. Technical change. Effective April 1, 2005. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period. Supreme Court Order.
URAP 29. Oral argument. Amend. Limits the appellant’s reply argument to points made in the appellee’s argument.
URAP 48. Time for petitioning. Amend. Changes to 7 the number of copies to be filed on a petition for writ of certiorari.
URAP 50. Brief in opposition; reply brief; brief of amicus curiae. Amend. Changes to 7 the number of copies to be filed on a brief in opposition, reply brief and brief of amicus curiae.
Supreme Court Order.

Continue Reading