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Rule 21. Filing and service.

(a) Filing. A document may be filed by email, bymail, or in person. Documents required or permitted to be filed by these rulesmust be filed with the appellate clerk. If emailed, a document must be in asearchable PDF format of no more than 25 megabytes. Documents filed by email inthe Supreme Court must be sent to filed by email in the Court of Appeals must be sent to as provided in paragraph (g):

(1) Documents other than briefs aretimely:

(A) if received by email to theappropriate court by 11:59 p.m. of the due date; or

(B) if received by mail or hand deliveryto the Appellate Clerks? Office before 5 p.m. of the due date.

(2) Briefs are timely:

(A) if received by email to theappropriate court by 11:59 p.m. of the due date;

(B) if postmarked by the due date;or

(C) if received by hand deliveryto the Appellate Clerks? Office before 5 p.m. of the due date.

(b) Filing Fees. If a statute or rule establishes afee for the filing, the party must pay the fee to the appellate clerk no morethan 7 days after the filing, or the filing may be stricken.

(c) Service of all documents required. All documentsfiled with the appellate court must, at or before the time of filing, be servedon all other parties to the appeal or review. Service on a party represented bycounsel must be made on counsel of record, or, if the party is not representedby counsel, on the party at the last known address or email address provided tothe appellate court. Any document required by these rules to be served on aparty must be filed with the court and accompanied by proof of service.

(d) Manner of service. Service may be personal, bymail, or by email. Personal service includes delivery of the copy to a clerk orother responsible person at the office of counsel. Service by mail or email iscomplete on mailing or emailing.

(e) Proof of service. Documents presented for filingmust contain an acknowledgment of service by the person served or a certificateof service in the form of a statement of the date and manner of service, thenames of the persons served, and the addresses at which they were served. Thecertificate of service may appear on or be affixed to the documents filed. Ifcounsel of record is served, the certificate of service must designate the nameof the party represented by that counsel.

(f) Signature. All documents filed in the appellatecourt must be signed by counsel of record or by a party who is not representedby counsel. For documents filed by email, the documents may be electronicallysigned as follows: /s/ name of unrepresented party or name of counsel ofrecord.

(g) Filing by inmate.

(1) For purposes of this paragraph(g), an inmate is a person confined to an institution or committed to a placeof legal confinement.

(2) Documents filed by an inmateare timely filed if they are deposited in the institution?s internal mailsystem on or before the due date. Timely filing may be shown by acontemporaneously filed notarized statement or written declaration settingforth the date of deposit and stating that first-class postage has been, or isbeing, prepaid, or that the inmate has complied with any applicablerequirements for legal mail set by the institution. Response time will becalculated from the date the documents are received by the court.

(h) Filings containing other than public information andrecords. If a filing, including an addendum, contains non-publicinformation, the filer must also file a version with all such informationremoved. Non-public information means information classified as private,controlled, protected, safeguarded, sealed, juvenile court legal, or juvenilecourt social, or any other information to which the right of public access isrestricted by statute, rule, order, or case law.

Effective February 19,2020

AdvisoryCommittee Note

?Courtrecords are public unless otherwise classified as private, controlled,protected, safeguarded, sealed, juvenile court legal, or juvenile court socialby the Utah Code of Judicial Administration. The right of public access may berestricted by statute (including the Government Records Access and ManagementAct), rule, case law, or court order. If a filing contains information orrecords that are not public, the filer must file an unredacted version for thecourt and a version for the public that does not contain the nonpublicinformation.