Category: URAP012

Appellate E-filing Rules — Comment Period Closed April 1, 2016

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.

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Rules of Appellate Procedure

URAP 011. The record on appeal. Amend, Amends rule to reflect on-line transcript ordering.
URAP 012. Transmission of the record. Amend. Amends rule to reflect that the transcriber submits an electronic copy of the transcript to the transcript management program and hard copy is filed with the trial court.
URAP 042. Transfer of case from supreme court to court of appeals. Amend. The amendment eliminates the paragraph addressing finality of transfer orders. The Supreme Court’s practice will be handled internally and not by rule.

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Audio Records of Hearings; Transcripts

The Judicial Council proposes the following amendments to the Code of Judicial Administration as part of its responsibility under Section 78A-2-405 to govern the manner in which the courts maintain the verbatim record of hearings. The Supreme Court proposes the following amendments to the Rules of Civil and Appellate Procedure governing the preparation of transcripts.
CJA 04-201. Record of proceedings. Amend. Eliminate requirements and standards for recording a court hearing by an official court reporter. Rely exclusively on audio video records.
CJA 03-305. Official court transcribers. Renumber and amend. Eliminate provisions for assignment of transcript preparation. Renumber as 5-202.
CJA 03-304. Official court reporters. Renumber and amend. Eliminate provisions regulating the office of official court reporter. Retain transcript format. Renumber as 5-203.
CJA 03-304.01. Substitute certified shorthand reporters. Repeal. Eliminate provisions for a substitute shorthand reporter.
URAP 11. The record on appeal. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court executive.
URAP 12. Transmission of the record. Amend. Shifts responsibilities from the official court reporter to a court transcriber.
URAP 54. Transcript of proceedings. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court clerk.
URCP 052. Findings by the court; correction of the record. Amend. Establishes a procedure for correcting the record of a hearing.

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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.

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Utah Rules of Appellate Procedure

URAP 04. Appeal as of right: when taken. Amend. The proposed amendments are intended to clarify the status of a notice of appeal filed while certain motions are pending. The notice of appeal will be effective as of the date the motion is resolved, but will only be effective for the underlying judgment
URAP 08A. Emergency relief. New. Creates a new rule to establish a process for managing requests for emergency relief.
URAP 09. Docketing statement. Amend. Contains a technical change to reflect a legislative amendment requiring a motion to withdraw a guilty plea to be made before sentencing.
URAP 11. The record on appeal. Amend. Eliminates the option of a compressed format transcript.
URAP 12. Transmission of the record. Amend. Eliminates the option for a compressed format. Also includes language requiring the clerk transmit the record in post-conviction cases.
URAP 19. Extraordinary writs. Amend. Clarifies the process for resolving petitions for extraordinary relief, and references Rule 8A for other requests for emergency relief. Clarifies that the court?s decision will be based on the petition and the response, unless briefing is requested by the court.
URAP 30. Decision of the court: dismissal; notice of decision. Amend. Technical change.

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Rules of Appellate Procedure

URAP 1. Scope of rules. Recognizes the new rules governing appeals in child welfare cases. Effective May 3, 2004.
URAP 2. Suspension of rules. Adds a reference to two of the new child welfare rules. Effective May 3, 2004.
URAP 11. The record on appeal. Requires the trial court to include any presentence investigation report as a part of the record on appeal, and clarifies the manner in which the record should be paginated.
URAP 12. Transmission of the record. Requires a certified court reporter to prepare and file a transcript index.
URAP 24. Briefs. Requires parties who are seeking attorney fees to explicitly state the basis for the request.
URAP 52. Child Welfare Appeals. A notice of appeal must be filed within 15 days from the order to be appealed. Cross-appeals must be filed within 15 days. Effective May 3, 2004.
URAP 53. Notice of Appeal. Describes the contents and service requirements of the notice of appeal. Effective May 3, 2004.
URAP 54. Transcript of Proceedings. Any necessary transcripts must be requested within 4 days after an appeal is filed. Effective May 3, 2004.
URAP 55. Petition on Appeal. The appellant must file a petition on appeal within 15 days from the notice of appeal. The rule describes the format and contents of the petition. Effective May 3, 2004.
URAP 56. Response to Petition on Appeal. A response to the petition on appeal must be filed with 15 days. Effective May 3, 2004.
URAP 57. Record on Appeal; transmission of record. Establishes what is considered to be the record on appeal and when it must be transmitted. Effective May 3, 2004.
URAP 58. Ruling. The court will issue a ruling based on the record on appeal, the petition, and the response, or the court can order that the case be fully briefed. Effective May 3, 2004.
URAP 59. Extensions of time. The rule describes the procedure and circumstances for extensions of time to file the appeal, the petition, or the response. Effective May 3, 2004.

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