Rule 5. Discretionary appeals from interlocutory orders.
(a) Petition for permission to appeal. An appeal from aninterlocutory order may be sought by any party by filing a petition forpermission to appeal from the interlocutory order with the clerk of theappellate court with jurisdiction over the case within 20 days after the entryof the order of the trial court, with proof of service on all other parties tothe action. A timely appeal from an order certified under Rule 54(b), UtahRules of Civil Procedure, that the appellate court determines is not final may,in the discretion of the appellate court, be considered by the appellate courtas a petition for permission to appeal an interlocutory order. The appellatecourt may direct the appellant to file a petition that conforms to therequirements of paragraph (c) of this rule.
(b) Fees and copies of petition. For a petition presented to theSupreme Court, the petitioner shall file with the Clerk of the Supreme Court anoriginal and five copies of the petition, togetherwith the fee required by statute. For a petition presented to the Court ofAppeals, the petitioner shall file with the Clerk of the Court of Appeals anoriginal and four copies of the petition, together with the fee required bystatute. The petitioner shall serve the petition on the opposing party andnotice of the filing of the petition on the trial court. If an order is issuedauthorizing the appeal, the clerk of the appellate court shall immediately givenotice of the order by mail to the respective parties and shall transmit acertified copy of the order, together with a copy of the petition, to the trialcourt where the petition and order shall be filed in lieu of a notice ofappeal.
(c) Content of petition.
(c)(1) The petition shall contain:
(c)(1)(A) A concise statement of facts material to a considerationof the issue presented and the order sought to be reviewed;
(c)(1)(B) The issue presented expressed in the terms andcircumstances of the case but without unnecessary detail, and a demonstrationthat the issue was preserved in the trial court. Petitioner must state theapplicable standard of appellate review and cite supporting authority;
(c)(1)(C) A statement of the reasons why an immediateinterlocutory appeal should be permitted, including a concise analysis of thestatutes, rules or cases believed to be determinative of the issue stated; and
(c)(1)(D) A statement of the reason why the appeal may materiallyadvance the termination of the litigation.
(c)(2) If the appeal is subject to assignment by the Supreme Courtto the Court of Appeals, the phrase "Subject to assignment to the Court ofAppeals" shall appear immediately under the title of the document, i.e.Petition for Permission to Appeal. Appellant may then set forth in the petitiona concise statement why the Supreme Court should decide the case.
(c)(3) The petitioner shall attach a copy of the order of thetrial court from which an appeal is sought and any related findings of fact andconclusions of law and opinion. Other documents that may be relevant todetermining whether to grant permission to appeal may be referenced byidentifying trial court docket entries of the documents.
(d) Page limitation. A petition for permission to appeal shall notexceed 20 pages, excluding table of contents, if any, and the addenda.
(e) Service in criminal and juvenile delinquency cases. Anypetition filed by a defendant in a criminal case originally charged as a felonyor by a juvenile in a delinquency proceeding shall be served on the Criminal AppealsDivision of the Office of the Utah Attorney General.
(f) Response; no reply. No petition will be granted in the absenceof a request by the court for a response. No response to a petition forpermission to appeal will be received unless requested by the court. Within 10days after an order requesting a response, any other party may oppose or concurwith the petition. Any response to a petition for permission to appeal shall besubject to the same page limitation set out in paragraph (d). An original andfive copies of the answer shall be filed in the Supreme Court. An original andfour copies shall be filed in the Court of Appeals. The respondent shall servethe response on the petitioner. The petition and any response shall besubmitted without oral argument unless otherwise ordered. No reply in supportof a petition for permission to appeal shall be permitted unless requested bythe court.
(g) Grant of permission. An appeal from an interlocutory order maybe granted only if it appears that the order involves substantial rights andmay materially affect the final decision or that a determination of thecorrectness of the order before final judgment will better serve theadministration and interests of justice. The order permitting the appeal mayset forth the particular issue or point of law which will be considered and maybe on such terms, including the filing of a bond for costs and damages, as theappellate court may determine. The clerk of the appellate court shallimmediately give the parties and trial court notice by mail or by electronicorder of any order granting or denying the petition. If the petition isgranted, the appeal shall be deemed to have been filed and docketed by thegranting of the petition. All proceedings subsequent to the granting of thepetition shall be as, and within the time required, for appeals from finaljudgments except that no docketing statement shall be filed under Rule 9 unlessthe court otherwise orders, and no cross-appeal may be filed under rule 4(d).
(h) Stays pending interlocutory review.The appellate court will not consider an application for a stay pendingdisposition of an interlocutory appeal until the petitioner has filed a petitionfor interlocutory appeal.
(i) Cross-petitions not permitted. A cross-petition for permissionto appeal a non-final order is not permitted by this rule. All parties seekingto appeal from an interlocutory order must comply with paragraph (a) of thisrule.??????