Print Version
Previous PageFile uploaded: 5/4/2015

Rule 19. Extraordinary writs.

(a) Petition for extraordinary writ to a judge or agency;petition; service and filing. An application for an extraordinary writ referredto in Rule 65B, Utah Rules of Civil Procedure, directed to a judge, agency,person or entity shall be made by filing a petition with the clerk of theappellate court. Service of the petition shall be made on the respondent judge,agency, person, or entity and on all parties to the action or case in the trialcourt or agency. In the event of an original petition in the appellate courtwhere no action is pending in the trial court or agency, the petition shall beserved personally on the respondent judge, agency, person or entity and serviceshall be made by the most direct means available on all persons or associationswhose interests might be substantially affected.

(b) Contents of petition and filing fee. A petition for anextraordinary writ shall contain the following:

(b)(1) A statement of all persons or associations, by name or byclass, whose interests might be substantially affected;

(b)(2) A statement of the issues presented and of the reliefsought;

(b)(3) A statement of the facts necessary to an understanding ofthe issues presented by the petition;

(b)(4) A statement of the reasons why no other plain, speedy, oradequate remedy exists and why the writ should issue;

(b)(5) Except in cases where the writ is directed to a districtcourt, a statement explaining why it is impractical or inappropriate to filethe petition for a writ in the district court;

(b)(6) Copies of any order or opinion or parts of the record whichmay be essential to an understanding of the matters set forth in the petition;

(b)(7) A memorandum of points and authorities in support of thepetition; and

(b)(8) The prescribed filing fee, unless waived by the court.

(b)(9) Where emergency relief is sought, the petition must complywith Rule 23C(b), including any additional requirements set forth by thatsubpart.

(b)(10) Where the subject of the petition is an interlocutory order,the petition must state whether a petition for interlocutory appeal has beenfiled and, if so, summarize its status or, if not, state why interlocutoryappeal is not a plain, speedy or adequate remedy.

(c) Response to petition . The judge, agency, person, or entityand all parties in the action other than the petitioner shall be deemedrespondents for all purposes. Two or more respondents may respond jointly. Ifany respondent does not desire to appear in the proceedings, that respondentmay advise the clerk of the appellate court and all parties by letter, but theallegations of the petition shall not thereby be deemed admitted. Whereemergency relief is sought, Rule 23C(d) shall apply. Otherwise, within sevendays after service of the petition, any respondent or any other party may filea response in opposition or concurrence, which includes supporting authority.

(d) Review and disposition of petition. The court shall render adecision based on the petition and any timely response, or it may require briefingor the submission of further information, and may hold oral argument at itsdiscretion. If additional briefing is required, the briefs shall comply withRules 24 and 27. Rule 23C(f) applies to requests for hearings in emergencymatters. With regard to emergency petitions submitted under Rule 23C, and whereconsultation with other members of the court cannot be timely obtained, asingle judge or justice may grant or deny the petition, subject to review bythe court at the earliest possible time. With regard to all petitions, a singlejudge or justice may deny the petition if it is frivolous on its face or failsto materially comply with the requirements of this rule or Rule 65B, Utah Rulesof Civil Procedure. The denial of a petition by a single judge or justice maybe reviewed by the appellate court upon specific request filed within sevendays of notice of disposition, but such request shall not include anyadditional argument or briefing.

(e) Transmission of record. In reviewing a petition for extraordinarywrit, the appellate court may order the record, or any relevant portionthereof, to be transmitted.

(f) Number of copies. For a petition presented to the SupremeCourt, petitioner shall file with the clerk of the court an original and fivecopies of the petition. For a petition pending in the Supreme Court, respondentshall file with the clerk of the court an original and five copies of theresponse. For a petition presented to the Court of Appeals, petitioner shallfile with the clerk of the court an original and four copies of the petition.For a petition pending in the Court of Appeals, respondent shall file with theclerk of the court an original and four copies of the response.

(g) Issuance of extraordinary writ by appellate court sua sponte. The appellatecourt, in aid of its own jurisdiction in extraordinary cases, may issue a writof certiorari sua sponte directedto a judge, agency, person, or entity. A copy of the writ shall be served onthe named respondents in the manner and by an individual authorized toaccomplish personal service under Rule 4, Utah Rules of Civil Procedure. Inaddition, copies of the writ shall be transmitted by the clerk of the appellatecourt, by the most direct means available, to all persons or associations whoseinterests might be substantially affected by the writ. The respondent and thepersons or associations whose interests are substantially affected may, withinfour days of the issuance of the writ, petition the court to dissolve or amendthe writ. The petition shall be accompanied by a concise statement of thereasons for dissolution or amendment of the writ.