Category: -Rules of Appellate Procedure

Rules of Appellate Procedure – Effective November 1, 2022

URAP010. Procedures for summary disposition or simplified appeal process. Amend. The amendments to Rule 10, paragraph (d): address enlargements of time for filing memoranda under the simplified appeals process to make the language regarding the deadline for such motions consistent with that in Rules 22(a) and 22(b)(3).

URAP011. The record on appeal. Amend. The amendments to Rule 11: (1) address the Court’s concerns—that arose in Arreguin-Leon v. Hadco Constr., LLC, 2020 UT 59, 472 P.3d 927—about defining what constitutes the record on appeal and the procedures for correcting or supplementing the record on appeal; (2) clarify and adjust the deadlines for ordering transcripts, ensuring that indigent parties have the opportunity to review the case before being required to order transcripts; (3) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (4) make other changes to conform with the Appellate Clerks’ Office current practice.

URAP012. Transmitting the record. Amend. The amendments to Rule 12: (1) recognize the current practice of utilizing electronic records and the appellate court’s transcript management system; (2) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (3) make other changes to conform with the Appellate Clerks’ Office current practice.

Supreme Court Order

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Rules of Appellate Procedure – Effective May 1, 2022

URAP025. Amicus curiae briefs. Amend. Amended rule to: (1) modify the language throughout to rule to mirror the federal rule; (2) incorporate the language from Rule 50 regarding amicus curiae briefs; (3) allow an amicus curiae brief to be filed without leave of court if all parties have consented to its filing; (4) provide a word count length requirement; (5) change the due date from 21 days to 14 days in 25(d); (6) add language in 25(g) addressing responsive briefs; and (7) clean up other language for clarity and consistency.

URAP050. Response; reply. Amend. Amended rule to: (1) remove all mention of amicus curiae briefs and incorporate that language into Rule 25; (2) replace the phrase “subject index” with “table of contents” in 50(b); (3) change the due date from 14 days to 7 days in 50(d); (4) incorporate Standing Order 11; and (5) clean up other language for clarity and consistency.

Supreme Court Order

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Rules of Appellate Procedure – Effective November 1, 2021

URAP023. Motions. The amendments to Rule 23 are intended to: (1) remove all language regarding form requirements in 23(f) and incorporate that language into Rule 27; and (2) clean up other language for clarity and consistency.

URAP027. Form of briefs, notions, and other documents. The amendments to Rule 27 are intended to: (1) combine form requirements for briefs, motions, and other documents into one rule; (2) incorporate language regarding form requirements from Rule 23(f); and (3) clean up other language for clarity and consistency.

URAP030.   Decision of the court; notice of decision. The amendments to Rule 30 are intended to: (1) clarify what constitutes the entry of a decision in 30 (d) and (e); and (2) clean up other language for clarity and consistency.

URAP031.  Expedited decisions. The amendments to Rule 31 are intended to: (1) include language in 31(b)(1)allowing the court to consider expedited decision upon stipulation of parties; (2) remove the language in (d) regarding appeals ineligible for expedited decision; and (3) clean up other language for clarity and consistency.

URAP054.  Transcripts. The amendments to Rule 54 are intended to: (1) update instructions for ordering transcripts in 54(a); and (2) clean up other language for clarity and consistency.

URAP055.  Petition on appeal. The amendments to Rule 55 are intended to: (1) change the deadline in Rule 55(a) for filing the petition on appeal to 15 days from transmission of the record, rather than from filing the notice of appeal; (2) modify 55(b) to allow appointed appellate counsel to file the petition on appeal; (3) include a requirement that appellate counsel be appointed within 21 days of the notice of appeal in 55(b); and (4) clean up other language for clarity and consistency.

URAP056.  Response to petition on appeal. The amendments to Rule 56 are intended to: (1) replace the page requirement with a word requirement in 56(b); (2) comport the rule with Standing Order 11; and (3) clean up other language for clarity and consistency.

URAP057.   Record on appeal; transmission of record. The amendments to Rule 57 are intended to update language regarding record transmission in 57(b).

URAP058.  Ruling. The amendments to Rule 58 are intended to remove the language in 58(b) regarding the remand to juvenile court to appoint appellate counsel.

Supreme Court Order

 

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Rules of Appellate Procedure – Effective November 1, 2021

URAP015. Petitions for review in tax cases. Amend. The amendments to Rule 15: (1) remove the statutory citations in 15(a) and (c); (2) rework the language in 15(c); and (3) clean up other language for clarity and consistency.

URAP043. Certification by the Court of Appeals to the Supreme Court. Amend. The amendments to Rule 43: (1) change the due date from 10 days to 14 days in 43(b)(1); (2) comport the rule with Standing Order No. 11; and (3) clean up other language for clarity and consistency.

Supreme Court Order

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Rules of Appellate Procedure – Effective May 1, 2021

URAP034. Costs. Amend. The amendments to Rule 34: (1) provide a flat rate of $3.00 per page for costs in 34(c)(1); (2) change dates throughout the rule to increments of seven; (3) replace the term “taxed” with “awarded” throughout the rule; (4) comport the rule with Standing Order 11 (regarding filing documents by email); and (5) clean up other language for clarity and consistency.

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Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Appellate Procedure, and Rules of Professional Conduct – Effective May 1, 2021

Rules of Civil Procedure

URCP083. AMEND. The proposed amendments would bring represented parties into the rule’s purview. They would also permit any court to rely on another court’s vexatious litigant findings and order their own restrictions. Paragraph (e)(1) was updated to fix a grammatical error.  

Rules Governing Constitutional Challenges

The following amendments to Civil Rule 24,Criminal Rule 12, and Appellate Rule 25A  are intended to better coordinate the provisions addressing constitutional challenges. The amendments do the following:

  • Address service on the Attorney General and other governmental entities;
  • Broaden the kinds of challenges that may arise;
  • Clarify that it is the governmental entity that responds, not the county or municipal attorney (which can be a contracted position in certain jurisdictions);
  • Eliminate outdated language in Civil Rule 24 in favor of the updated federal language;
  • Clarify in each rule the process and timing for the Attorney General or other governmental entity to respond to a constitutional challenge; and
  • Eliminate the requirement in Appellate Rule 25A that the Attorney General state the reasons for declining to file an amicus brief.

URCP024 – Redline and URCP024 – Clean

URCrP012 – Redline

URAP025A – Redline

Rules of Professional Conduct

RPC05.04. Professional Independence of a Lawyer. AMEND. Adds a clarifying comment to the rule.

Supreme Court Order for Civil Rules 83 and 24

Supreme Court Order for Criminal Rule 12

Supreme Court Order for Appellate Rule 25A

Supreme Court Order for Rules of Professional Conduct Rule 5.4

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Rules of Appellate Procedure – Effective December 1, 2018

URAP023B. The amendments to Rule 23B Motion for remand for findings necessary to determination of ineffective assistance of counsel claim, clarifies when a motion must be filed.

URAP025. The amendments to Rule 25 Brief of an amicus curiae or guardian ad litem, change a reference to Rule 50.

URAP050. The amendments to Rule 50, Response; reply; brief of amicus curiae, provide that a party may file a response to a petition and how the time for the response shall run. The amendment permits a party to file a letter in lieu of a formal response, deletes language regarding distribution of filings by the clerk, and establishes a time for filing a reply to a response.

URAP051. The amendment to Rule 51 Disposition of petition for writ of certiorari, deletes a reference to Rule 50.

Supreme Court Order

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