Rule5. Discretionary appeals frominterlocutory orders.
(a) Petition for permission to appeal. Any party may seek an appeal from an interlocutoryorder by filing a petition for permission to appeal from the interlocutoryorder with the appellate court with jurisdiction over the case. The petition must be filed within 21 days after the trial court?s orderis entered, and served on all other parties to the action. A timely appeal froman order certified under Rule 54(b), Utah Rules of Civil Procedure, that theappellate court determines is not final may, in the appellatecourt?s discretion, be considered by the appellate court as a petition forpermission to appeal an interlocutory order. The appellate court may direct theappellant to file a petition that conforms to the requirements of paragraph (c)of this rule.
(b) Fees and filing of petition. The petitioner must file the petition with the appellatecourt clerk and pay the fee required by statute within seven days of filing.The petitioner must serve the petition on the opposing party and notice of thefiling of the petition on the trial court. If the appellate court issues anorder granting permission to appeal, the appellate court clerk will immediatelygive notice of the order to the respective parties and will transmit the orderto the trial court where the order will be filed insteadof a notice of appeal.
(c) Content of petition.
(c)(1) The petition mustcontain:
(c)(1)(A)A concise statement of facts material to a consideration of the issue presentedand the order sought to be reviewed;
(c)(1)(B)The issue presented expressed in the terms and circumstances of the case butwithout unnecessary detail, and a demonstration that 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 immediate interlocutory appeal should bepermitted, including a concise analysis of the statutes, rules or casesbelieved to be determinative of the issue stated; and
(c)(1)(D)A statement of the reason why the appeal may materially advance the terminationof the litigation.
(c)(2) If the petition issubject to assignment by the Supreme Court to the Court of Appeals, the phrase?Subject to assignment to the Court of Appeals? must appear immediately underthe title of the document, i.e. Petition for Permission to Appeal. Petitionermay then set forth in the petition a concise statement why the Supreme Courtshould decide the case.
(c)(3) The petitioner mustattach a copy of the trial court?s order from which an appeal is sought and any related findings of fact and conclusionsof law and opinion. Other documents that may be relevant to determining whetherto grant permission to appeal may be referenced byidentifying trial court docket entries of the documents.
(d) Page limitation. A petition for permission to appeal must not exceed20 pages, excluding table of contents, if any, and the addenda.
(e) Service in criminal and juvenile delinquencycases. Any petitionfiled by a defendant in a criminal case originally charged as a felony or by ajuvenile in a delinquency proceeding must be served on the Criminal AppealsDivision of the Office of the Utah Attorney General.
(f) Response; no reply. No petition will be grantedin the absence of a request by the court for a response. No response to apetition for permission to appeal will be receivedunless requested by the court. Within 14 days after an order requesting aresponse, any other party may oppose or concur with the petition. Any responseto a petition for permission to appeal is subject to the same page limitationset out in paragraph (d) and must be filed in theappellate court. The respondent must serve the response on the petitioner. Thepetition and any response will be submitted withoutoral argument unless otherwise ordered. No reply in support of a petition forpermission to appeal will be permitted unlessrequested by the court.
(g) Grant of permission. An appeal from an interlocutory order may be granted only if it appears that the order involvessubstantial rights and may materially affect the final decision or that adetermination of the correctness of the order before final judgment will betterserve the administration and interests of justice. The order permitting theappeal may set forth the particular issue or point of law that will be considered and may be on such terms, including requiringa bond for costs and damages, as the appellate court may determine. Theappellate court clerk will immediately give the parties and trial court noticeof any order granting or denying the petition. If the petition is granted, the appeal will be deemed to have been filed anddocketed by the granting of the petition. All proceedings after the petition isgranted will be as and within the time required, for appeals from finaljudgments except that no docketing statement under Rule 9 is required 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 apetition for interlocutory appeal.
(i) Cross-petitions not permitted. Across-petition for permission to appeal a non-final order isnot permitted by this rule. All parties seeking to appeal from aninterlocutory order must comply with paragraph (a) of thisrule.
(j) Record citations in merits briefs.
(j)(1) The trial court will not prepareor transmit the record under rule 11(b) or 12(b). The record on appeal is asdefined in rule 11(a).
(j)(2) A party may cite to the record by identifying documentsby name and date and then using a short form after the first citation. A partymay prepare and cite to a paginated appendix of select documents from therecord. Any such appendix must be filed separatelywith the party?s principal brief.
(j)(3) If a hearing was held regardingthe order on appeal, the appellant must order the transcript of the hearing asprovided in rule 11(e)(1) within five days after thegrant of permission to appeal.
Effective February 19, 2020