Rule9. Docketing statement.

(a)Purpose. A docketing statement hastwo principal purposes: (1) to demonstrate that the appellate court hasjurisdiction over the appeal, and (2) to identify at least one substantialissue for review. The docketing statement is a document used for jurisdictionaland screening purposes. It should not include argument.

(b)Time for filing. Within 21 daysafter a notice of appeal, cross-appeal, or a petition for review of anadministrative order is filed, the appellant, cross-appellant, or petitioner mustfile the docketing statement with the appellate court clerk and serve thedocketing statement with any required attachments on all parties. The UtahAttorney General must be served in any appeal arising from a crime charged as afelony or a juvenile court proceeding.

(c)Content of docketing statement in acivil case. The docketing statement in an appeal arising from a civil case mustinclude:

(1) A concise statement of thenature of the proceeding and the effect of the order appealed, and the districtcourt case number, e.g., ?This appeal is from a final judgment of the FirstDistrict Court granting summary judgment in case number 001900055.?

(2) The following dates relevant toa determination of the appeal?s timeliness and the appellate court?sjurisdiction:

(A) The date the final judgment ororder from which the appeal is taken is entered.

(B) The date the notice of appealwas filed in the trial court.

(C) If the notice of appeal wasfiled after receiving a time extension under Rule 4(e), the date the motion foran extension was granted.

(D) If any motions listed in Rule4(b) were filed, the date such motion was filed in the trial court and the dateany order disposing of such motion was entered.

(E) If the appellant is an inmateconfined in an institution and is invoking Rule 21(f), the date the notice ofappeal was deposited in the institution?s internal mail system.

(F) If a motion to reinstate thetime to appeal was filed under Rule 4(g), the date the order disposing of suchmotion was entered.

(3) If the appeal is taken from anorder certified as final under Rule 54(b) of the Utah Rules of Civil Procedure,a statement of what claims and parties remain for adjudication before the trialcourt.

(4) A statement of at least onesubstantial issue appellant intends to assert on appeal. An issue not raised inthe docketing statement may nevertheless be raised in appellant?s brief;conversely, an issue raised in the docketing statement does not have to beincluded in the appellant?s brief.

(5) A concise summary of the factsnecessary to provide context for the issues presented.

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

(d)Content of a docketing statement in acriminal case. The docketing statement in an appeal arising from a criminalcase must include:

(1) A concise statement of thenature of the proceeding, including the highest degree of any of the charges inthe trial court, and the district court case number, e.g., ?This appeal is froma judgment of conviction and sentence of the Third District Court on a thirddegree felony charge in case number 001900055.?

(2) The following dates relevant toa determination of the appeal?s timeliness and the appellate court?sjurisdiction:

(A) The date the final judgment ororder from which the appeal is taken is entered.

(B) The date the notice of appealwas filed in the district court.

(C) If the notice of appeal wasfiled after receiving a time extension under rule 4(e), the date the motion foran extension was granted.

(D) If a motion under Rule 24 ofthe Utah Rules of Criminal Procedure was filed, the date such motion was filedin the trial court and the date any order disposing of such motion was entered.

(E) If a motion to reinstate thetime to appeal was filed under Rule 4(f), the date the order disposing of suchmotion was entered.

(F) If the appellant is an inmateconfined to an institution and is invoking Rule 21(f), the date the notice ofappeal was deposited in the institution?s internal mail system.

(3) The charges of which thedefendant was convicted, and any sentence imposed; or, if the defendant was notconvicted, the dismissed or pending charges.

(4) A statement of at least onesubstantial issue appellant intends to assert on appeal. An issue not raised inthe docketing statement may nevertheless be raised in appellant?s brief;conversely, an issue raised in the docketing statement does not have to beincluded in appellant?s brief.

(5) A concise summary of the factsnecessary to provide context for the issues presented. If the conviction waspursuant to a plea, the statement of facts should include whether a motion towithdraw the plea was made before sentencing, and whether the plea wasconditional.

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

(e)Content of a docketing statement in areview of an administrative order. The docketing statement in a casearising from an administrative proceeding must include:

(1) A concise statement of thenature of the proceedings and the effect of the order appealed, e.g., ?Thispetition is from an order of the Workforce Appeals Board denyingreconsideration of the denial of benefits.?

(2) The statutory provision that confersjurisdiction on the appellate court.

(3) The following dates relevant toa determination of the timeliness of the petition for review:

(A) The date the final order fromwhich the petition for review is filed.

(B) The date the petition forreview was filed.

(4) A statement of at least onesubstantial issue petitioner intends to assert on review. An issue not raisedin the docketing statement may nevertheless be raised in petitioner?s brief;conversely, an issue raised in the docketing statement does not have to beincluded in petitioner?s brief.

(5) A concise summary of the factsnecessary to provide context for the issues presented.

(6) If applicable, a reference toall related or prior petitions for review in the same case.

(7) The following documents must beattached to the docketing statement:

(A) The final order from which thepetition for review is filed.

(B) In appeals arising from anorder of the Public Service Commission, any application for rehearing filedpursuant to Utah Code section 54-7-15.

(f)Consequences of failure to comply.In a civil appeal, failure to file a docketing statement within the time periodprovided in subsection (b) may result in dismissal of a civil appeal or apetition for review. In a criminal case, failure to file a docketing statementwithin the time period provided in subsection (b) may result in a finding ofcontempt or other sanction.  

(g)Appeals from interlocutory orders.When a petition for permission to appeal from an interlocutory order is grantedunder Rule 5, a docketing statement may not be filed unless otherwise ordered.

Effective November 1, 2020