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Rule 9. Docketing statement.

(a) Purpose. A docketing statement has two principal purposes: (1)to demonstrate that the appellate court has jurisdiction over the appeal, and(2) to identify at least one substantial issue for review. The docketingstatement is a document used for jurisdictional and screening purposes. Itshould not include argument.

(b) Time for filing. Within 21 days after a notice of appeal,cross-appeal, or a petition for review of an administrative order is filed, theappellant, cross-appellant, or petitioner shall file an original and two copiesof a docketing statement with the clerk of the appellate court and serve a copywith any required attachments on all parties. The Utah Attorney General shallbe served in any appeal arising from a crime charged as a felony or a juvenilecourt proceeding.

(c) Content of docketing statement in a civil case. The docketingstatement in an appeal arising from a civil case shall include:

(c)(1) A concise statement of the nature of the proceeding and theeffect of the order appealed, and the district court case number, e.g.,"This appeal is from a final judgment of the First District Court grantingsummary judgment in case number 001900055."

(c)(2) The following dates relevant to a determination of the timelinessof the notice of appeal and the jurisdiction of the appellate court:

(c)(2)(i) The date of entry of the final judgment or order fromwhich the appeal is taken.

(c)(2)(ii) The date the notice of appeal was filed in the trial court.

(c)(2)(iii) If the notice of appeal was filed after receiving anextension of the time to file pursuant to Rule 4(e), the date the motion for anextension was granted.

(c)(2)(iv) If any motions listed in Rule 4(b) were filed, the datesuch motion was filed in the trial court and the date of entry of any orderdisposing of such motion.

(c)(2)(v) If the appellant is an inmate confined in an institutionand is invoking Rule 21(f), the date the notice of appeal was deposited in theinstitution?s internal mail system.

(c)(2)(vi) If a motion to reinstate the time to appeal was filedpursuant to Rule 4(g), the date of the order disposing of such motion.

(c)(3) If the appeal is taken from an order certified as finalpursuant to Rule 54(b) of the Utah Rules of Civil Procedure, a statement ofwhat claims and parties remain before the trial court for adjudication.

(c)(4) A statement of at least one substantial issue appellantintends to assert on appeal. An issue not raised in the docketing statement maynevertheless be raised in the brief of the appellant; conversely, an issueraised in the docketing statement does not have to be included in the brief ofthe appellant.

(c)(5) A concise summary of the facts necessary to provide contextfor the issues presented.

(c)(6) A reference to all related or prior appeals in the case,with case numbers and citations.

(d) Content of a docketing statement in a criminal case. Thedocketing statement in an appeal arising from a criminal case shall include:

(d)(1) A concise statement of the nature of the proceeding,including the highest degree of any of the charges in the trial court, and thedistrict court case number, e.g., ?This appeal is from a judgment of convictionand sentence of the Third District Court on a third degree felony charge in casenumber 001900055.?

(d)(2) The following dates relevant to a determination of thetimeliness of the appeal and the jurisdiction of the appellate court:

(d)(2)(i) The date of entry of the final judgment or order fromwhich the appeal is taken.

(d)(2)(ii) The date the notice of appeal was filed in the districtcourt.

(d)(2)(iii) If the notice of appeal was filed after receiving anextension of the time to file pursuant to rule 4(e), the date the motion for anextension was granted.

(d)(2)(iv) If a motion pursuant to Rule 24 of the Utah Rules ofCriminal Procedure was filed, the date such motion was filed in the trial courtand the date of entry of any order disposing of such motion.

(d)(2)(v) If a motion to reinstate the time to appeal was filedpursuant to Rule 4(f), the date of the order disposing of such motion.

(d)(2)(vi) If the appellant is an inmate confined to aninstitution and is invoking Rule 21(f), the date the notice of appeal wasdeposited in the institution?s internal mail system.

(d)(3) The charges of which the defendant was convicted, and anysentence imposed; or, if the defendant was not convicted, the dismissed orpending charges.

(d)(4) A statement of at least one substantial issue appellantintends to assert on appeal. An issue not raised in the docketing statement maynevertheless be raised in the brief of the appellant; conversely, an issueraised in the docketing statement does not have to be included in the brief ofthe appellant.

(d)(5) A concise summary of the facts necessary to provide contextfor the issues presented. If the conviction was pursuant to a plea, the statementof facts should include whether a motion to withdraw the plea was made prior tosentencing, and whether the plea was conditional.

(d)(6) A reference to all related or prior appeals in the case,with case numbers and citations.

(e) Content of a docketing statement in a review of anadministrative order. The docketing statement in a case arising from anadministrative proceeding shall include:

(e)(1) A concise statement of the nature of the proceedings andthe effect of the order appealed, e.g., ?This petition is from an order of theWorkforce Appeals Board denying reconsideration of the denial of benefits.?

(e)(2) The statutory provision that confers jurisdiction on theappellate court.

(e)(3) The following dates relevant to a determination of thetimeliness of the petition for review:

(e)(3)(i) The date of entry of the final order from which thepetition for review is filed.

(e)(3)(ii) The date the petition for review was filed.

(e)(4) A statement of at least one substantial issue petitionerintends to assert on review. An issue not raised in the docketing statement maynevertheless be raised in the brief of petitioner; conversely, an issue raisedin the docketing statement does not have to be included in the brief ofpetitioner.

(e)(5) A concise summary of the facts necessary to provide contextfor the issues presented.

(e)(6) If applicable, a reference to all related or priorpetitions for review in the same case.

(e)(7) Copies of the following documents must be attached to eachcopy of the docketing statement:

(e)(7)(i) The final order from which the petition for review isfiled.

(e)(7)(ii) In appeals arising from an order of the Public ServiceCommission, any application for rehearing filed pursuant to Utah Code section54-7-15.

(f) Consequences of failure to comply. In a civil appeal, failureto file a docketing statement within the time period provided in subsection (b)may result in dismissal of a civil appeal or a petition for review. In acriminal case, failure to file a docketing statement within the time periodprovided in subsection (b) may result in a finding of contempt or othersanction. ?

(g) Appeals from interlocutory orders. When a petition for permissionto appeal from an interlocutory order is granted under Rule 5, a docketingstatement shall not be filed unless otherwise ordered.

Advisory Committee Notes

The content of the docketing statement has been slightly reorderedto first state information governing the jurisdiction of the court.

The docketing statement and briefs contain a new section requiringa statement of the applicable standard of review, with citation of supportingauthority, for each issue presented on appeal.

The content of the docketing statement has been reordered andbrought into conformity with revised Rule 4, Utah Rules of Appellate Procedure.This rule is satisfied by a docketing statement in compliance with form 7.