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Rule 37. Suggestion of mootness;voluntary dismissal.

(a) Suggestion of mootness. Anyparty aware of circumstances that render moot one or more of the issues presentedfor review must promptly file a ?suggestion of mootness? in the form of amotion under Rule 23.

(b) Voluntary dismissal. At anytime prior to the issuance of a decision an appellant may move to voluntarilydismiss an appeal or other proceeding. If all parties to an appeal or otherproceeding agree that dismissal is appropriate and stipulate to a motion forvoluntary dismissal, the appeal will be promptly dismissed. The stipulation mustspecify the terms as to payment of costs and fees, if any.

(c) Affidavits. If the appellanthas the right to effective assistance of counsel, a motion to voluntarilydismiss the appeal for reasons other than mootness must be accompanied byappellant?s personal affidavit or declaration under Section 78B-5-705demonstrating that the appellant?s decision to dismiss the appeal is voluntaryand is made with knowledge of the right to an appeal and the consequences ofvoluntary dismissal. If counsel for the appellant is unable to obtain therequired affidavit or declaration from the appellant, the motion must beaccompanied by counsel?s affidavit or declaration stating that, afterreasonable efforts, counsel is unable to obtain the required affidavit andcertifying that counsel has a reasonable factual basis to believe that theappellant no longer wishes to pursue the appeal.

 

Advisory Committee Note.

Criminal defendants have aconstitutional right to the effective assistance of counsel. Strickland v.Washington, 466 U.S. 668 (1984); State v. Arguelles, 921 P.2d 439,441 (Utah 1996). Parties in juvenile court proceedings have a statutory rightto effective assistance of counsel. State ex rel. E.H. v. A.H., 880 P.2d11, 13 (Utah App. 1994).

 

 

Effective May 1, 2018