The amendments to URAP 23B incorporate language from the Court’s Revised Order Pertaining to Rule 23B, dated September 25, 2013, and makes other amendments that conform to current practice. The amendments to URAP 25, 46, 49, 50 and 51 are to conform the rules to current practice, and to clarify the standards and grounds for review of a petition for certiorari.
URAP021. Amended Rule 21 clarifies the “prisoner mailbox rule,” which will promote consistency, clarity, and certainty in inmate litigation. The Advisory Committee on Civil Rules is publishing for public comment a virtually identical amendment to the Utah Rules of Civil Procedure.
URAP025. This is a conforming amendment to amended URAP 25A.
URAP025A. The proposed amendment gives the Attorney General the right to appear at oral argument whenever an amicus brief has been filed pursuant to the rule.
URAP030. The proposal, which deletes the word “dismissal” in the title, corrects an anomaly because nowhere in the rule does it mention the word or provide for dismissing an appeal.
URAP037. The proposed amendment makes several changes to the rule.
Subdivision (a). The changes are intended to clarify and simplify a party’s obligation to bring to the court’s attention those circumstances that render moot one or more issues presented for review on appeal.
Subdivision (b). The amended subdivision provides that if all parties to an appeal agree that the appeal should be dismissed, and if they stipulate to a motion for voluntary dismissal, then the appeal must be promptly dismissed. The committee felt that the proposed change would encourage prompt and efficient settlements. It also felt that dismissal of the appeal is constitutionally appropriate when the parties have agreed to a voluntary dismissal because there is no longer a justiciable case or controversy. Finally, the committee considered deleting the last sentence on fees and costs, but instead it opted to simply rework the sentence to read: “The stipulation must specify the terms of payment of costs and fees, if any.”
Subdivision (c). The proposed amendment provides an efficient way for an attorney who is unable to contact his or her client to obtain the necessary affidavit to support a motion for voluntary dismissal, while still protecting the appellant’s right to appeal. The proposal also requires the attorney to certify that he or she has reasonable grounds to believe that the appellant no longer wishes to pursue the appeal. The committee concluded that a certification from the attorney is appropriate because it safeguards the appellant’s right to an appeal, and it also avoids having the attorney reveal confidential communications with the client in an affidavit.
Subdivision (d). Finally, the committee recommends deleting the current subdivision —“[a] suggestion of mootness or motion for voluntary dismissal shall be subject to the appellate court’s approval”— for the same reasons mentioned in subdivision (b).
URAP055. Amended Rule 55 gives the court discretion to dismiss an untimely filed petition in a child welfare case, rather than requiring dismissal.
Rule 014 Amend. Requires a party seeking review in the Supreme Court or Court of Appeals of an administrative agency order to file a petition for review even if a statute describing the review describes it as an appeal. Removes provisions governed by statute or other rules.
Rule 025A New. Describes the requirement and procedures for serving briefs on the attorney general or county or municipal attorney when challenging the constitutionality of a statute or ordinance. Establishes penalties for failure to do so. Allows the attorney general or county or municipal attorney to file an amicus brief when the constitutionality of a statute or ordinance is challenged. Allows the appellate court to request an amicus brief.
URAP002 Adds Rule 14(a) to the list of rules that the court cannot suspend.
URAP052 Describes the effect of post-trial motions in child welfare proceedings using language similar to Rule 4.
Summary of Amendments. The model for e-filing may change as the courts and lawyers gain experience, but the following points describe the main features of the model that we anticipate:
- As in the district court and in the juvenile court, e-filing in the appellate courts will be optional when it is available, with mandatory e-filing by lawyers about 2-4 months after that. The AOC will host e-filing. There will be no third-party service providers, as there are in district court.
- Self-represented parties will continue to file and serve documents by traditional means, but will be encouraged to e-mail them to the court and to the other parties.
- Printed courtesy copies of some briefs will be required. Otherwise only a digital file will be filed.
- As in the district court, e-filing a document has the effect of serving the document on other e-filers. Self-represented parties will have to serve and be served using traditional means, which will include email. Unlike URCP 5, service by email on a self-represented party will not require the party’s agreement.
- The transcriber will electronically file the transcript, as is now the case.
- The record in the review of an administrative agency will be assembled either as a digital or paper file, depending on the capability of the agency, and delivered to the appellate court.
- There will be no traditional assembly of the record on appeal from the district court or juvenile court nor an electronic equivalent of assembly into a single digital file. Exhibits offered or introduced as evidence and not electronically filed in the trial court will be sent to the appellate court in the traditional way.
- The digital records of the district court and juvenile court will be available to lawyers, self-represented parties and the courts through the courts’ e-filing systems. A digital file of assembled agency records will be available to lawyers, self-represented parties and the courts as a digital file. A paper file of assembled agency records will be checked out of the agency or the appellate court in the traditional manner. The court will print select portions of a digital file for a self-represented party upon request and a showing of need.
- Citations in briefs and other appellate filings to the trial court record will be by the number of the document in the trial court docket and the relevant page number within the document. The citation to the trial court record will be a link to the relevant page of the document. Citations to the record of an administrative agency’s digital or paper file will be by citation to the relevant Bates number or page number of the file. The IT department of the AOC has developed an application to simplify the process of creating links, and the application will be publicly available.
- A traditional signature on filings will be permitted but not required. The effective signature is the filer’s electronic signature, which is governed by Title 46, Chapter 4, Uniform Electronic Transactions Act. The filer’s electronic signature carries all of the representations and consequences of a traditional signature.
StandingOrder 08. As to establishment of a pilot program to require submission of electronic courtesy briefs to the Utah Supreme Court and the Utah Court of Appeals.
CJA 05-0201. Requests for enlargement of time by court recorders and transcribers. Amend.
URAP 003. Appeal as of right: how taken. Amend.
URAP 005. Discretionary appeals from interlocutory orders. Amend.
URAP 009. Docketing statement. Amend.
URAP 010. Motion for summary disposition. Amend.
URAP 011. The record on appeal. Amend.
URAP 012. Transmission of the record. Amend.
URAP 013. Notice of filing by clerk. Amend.
URAP 014. Review of administrative orders: how obtained; intervention. Amend.
URAP 016. The agency record on appeal. New.
URAP 019. Extraordinary writs. Amend.
URAP 020. Habeas corpus proceedings. Amend.
URAP 021. Filing and service. Amend.
URAP 021A. Hyperlinks. New.
URAP 022. Computation and enlargement of time. Amend.
URAP 023. Motions. Amend.
URAP 023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Amend.
URAP 023C. Motion for emergency relief. Amend.
URAP 024. Briefs. Amend.
URAP 025. Brief of an amicus curiae or guardian ad litem. Amend.
URAP 026. Filing and service of briefs. Amend.
URAP 027. Form of briefs. Amend.
URAP 029. Oral argument. Amend.
URAP 034. Award of costs. Amend.
URAP 035. Petition for rehearing. Amend.
URAP 036. Issuance of remittitur. Amend.
URAP 039. Duties of the clerk. Amend.
URAP 041. Certification of questions of law by United States courts. Amend.
URAP 042. Transfer of case from Supreme Court to Court of Appeals. Amend.
URAP 043. Certification by the Court of Appeals to the Supreme Court. Amend.
URAP 047. Transmission of record; joint and separate petitions; cross-petitions; parties. Amend.
URAP 048. Time for petitioning. Amend.
URAP 050. Brief in opposition; reply brief; brief of amicus curiae. Amend.
URAP 051. Disposition of petition for writ of certiorari. Amend.
URAP 053. Notice of appeal. Amend.
URAP 054. Transcript of proceedings. Amend.
URAP 055. Petition on appeal. Amend.
URAP 056. Response to petition on appeal. Amend.
URAP 057. Record on appeal; transmission of record. Amend.
URAP 058. Ruling. Amend.
URAP 059. Extensions of time. Amend.
URAP 060. Judicial bypass appeals. Amend.
URAP 004. Appeal as of right: when taken. Amend. Provides that the time for all parties to appeal from a judgment runs from the entry of a dispositive order if a party files a motion for relief under rule 60(b) of the Utah Rules of Civil Procedure no later than 28 days after the judgment is entered or a motion or claim for attorney fees under rule 73 of the Utah Rules of Civil Procedure, in addition to the other motions previously listed.
URAP 028A. Appellate Mediation Office. Amend. 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.
URAP 021. Filings and service. Amend. Provides that if a filing including an addendum contains non-public information, the filer must also file a redacted version of the filing.
URAP 040. Attorney’s or party’s certificate; sanctions and discipline. Amend. Provides that a person may sign a document using any form recognized by law as binding. Provides that by signing a document, a person makes certain representations to the court including that a filing made under rule 21(g) does not contain non-public information.