Category: URAP008

Rules of Appellate Procedure – Comment Period Closed June 19, 2022

The Committee proposes amending the listed rules to (1) add “or declaration” any time affidavit is mentioned; (2) add an Advisory Committee Note explaining that the term “declaration” refers to the unsworn declaration described in Title 78b, Chapter 18a, Uniform Unsworn Declarations Act; (3) move the reference to the statute in Rule 37 to an Advisory Committee Note so the rules will be consistent; and (4) remove language in Rules 8 and 17 regarding other sworn statements.

URAP008. Stay or injunction pending appeal. 

URAP017.  Stay pending review. 

URAP023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. 

URAP029. Oral argument. 

URAP037. Suggestion of mootness; voluntary dismissal. 

 

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Rules of Appellate Procedure – Comment Period Closed August 2, 2020

URAP003. Appeal as of right: how taken. Amend. The proposed amendments to Rule 3: (1) incorporate the advisory committee note into paragraph (f), (2) update the reference of a clerk transmitting a certified copy in paragraph (g)(1) to the current practice of emailing the notice of appeal, and (3) clarify and cleanup the language.

URAP008. Stay or injunction pending appeal. Amend. The Rule 8 proposed amendments: (1) amend paragraph (a) to parallel the federal Rule 8 except that only in extraordinary circumstances will an appellate court act on certain motions where the movant failed to request a stay or opposed an injunction in the trial court; (2) add requirements for bonds in paragraph (b); and (3) add new paragraph (c), which provides that for requests for relief to which Rules 65A or 62(c) of the Utah Rules of Civil Procedure applied in the trial court, any relief available pending appeal is governed by those rules.

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