Category: -Rules of Appellate Procedure

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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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Rules of Appellate Procedure – Effective May 1, 2018

URAP021. Filing and service. Amend. Amended Rule 21 clarifies the “prisoner mailbox rule,” which will promote consistency, clarity, and certainty in inmate litigation. A virtually identical amendment has also been added to the Utah Rules of Civil Procedure.

URAP025. Brief of an amicus curiae or guardian ad litem. Amend. This is a conforming amendment to amended URAP 25A.

URAP025A. Challenging the constitutionality of a statute or ordinance. Amend. This amendment gives the Attorney General the right to appear at oral argument whenever an amicus brief has been filed pursuant to the rule.

URAP030. Decision of the court: dismissal; notice of decision. Amend. The amendment, which deletes the word “dismissal” in the title, corrects an anomaly because nowhere in the rule does it mention the word or provide for dismissing an appeal.

URAP037. Suggestion of mootness; voluntary dismissal. Amend. The proposed amendment makes several changes to the rule.

  • Subdivision (a). The changes are intended to clarify and simplify a party’s obligation to bring to the court’s attention those circumstances that render moot one or more issues presented for review on appeal.
  •  Subdivision (b). The amended subdivision provides that if all parties to an appeal agree that the appeal should be dismissed, and if they stipulate to a motion for voluntary dismissal, then the appeal must be promptly dismissed. The committee felt that the proposed change would encourage prompt and efficient settlements. It also felt that dismissal of the appeal is constitutionally appropriate when the parties have agreed to a voluntary dismissal because there is no longer a justiciable case or controversy. Finally, the committee considered deleting the last sentence on fees and costs, but instead it opted to simply rework the sentence to read: “The stipulation must specify the terms of payment of costs and fees, if any.”
  •  Subdivision (c). The proposed amendment provides an efficient way for an attorney who is unable to contact his or her client to obtain the necessary affidavit to support a motion for voluntary dismissal, while still protecting the appellant’s right to appeal. The proposal also requires the attorney to certify that he or she has reasonable grounds to believe that the appellant no longer wishes to pursue the appeal. The committee concluded that a certification from the attorney is appropriate because it safeguards the appellant’s right to an appeal, and it also avoids having the attorney reveal confidential communications with the client in an affidavit.
  •  Subdivision (d). The current subdivision —“[a] suggestion of mootness or motion for voluntary dismissal shall be subject to the appellate court’s approval”— has been deleted for the same reasons mentioned in subdivision (b).
URAP055. Petition on appeal. Amend. Amended Rule 55 gives the court discretion to dismiss an untimely filed petition in a child welfare case, rather than requiring dismissal.

Supreme Court Order 

 

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Rules of Appellate Procedure – Effective November 1, 2017

URAP024 – Amend. The proposed amendment substantially changes the organization and content of briefs. An important objective of the amendment is to present the party’s case in logical order, in measured increments, and without unnecessary repetition. The principal brief of each party must meet the same requirements.

URAP024A – New. The proposed rule collects in one separate rule the briefing requirements in cross-appeals.  The briefing requirements have also been clarified and simplified for ease of use.

Supreme Court Order

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Rules of Appellate Procedure – Effective November 1, 2016

URAP002 Adds Rule 14(a) to the list of rules that the court cannot suspend.

URAP014 Amend. Requires a party seeking review in the Supreme Court or Court of Appeals of an administrative agency order to file a petition for review even if a statute describing the review describes it as an appeal. Removes provisions governed by statute or other rules.

URAP025A New. Describes the requirement and procedures for serving briefs on the attorney general or county or municipal attorney when challenging the constitutionality of a statute or ordinance. Establishes penalties for failure to do so. Allows the attorney general or county or municipal attorney to file an amicus brief when the constitutionality of a statute or ordinance is challenged. Allows the appellate court to request an amicus brief.

URAP052 Describes the effect of post-trial motions in child welfare proceedings using language similar to Rule 4.

Supreme Court Order

 

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Rules of Appellate Procedure – Effective November 1, 2016

URAP004 Establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under Rules of Civil Procedure 50, 52 or 59, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.

URAP028A Outlines different processes for mediation in the Supreme Court and the Court of Appeals. Provides that the denial of a mediation request does not prevent parties from engaging in private mediation or settlement negotiations. Makes technical changes.

Supreme Court Order

 

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Rules of Appellate Procedure – Effective May 1, 2016

URAP 021. Filing and service. Amend. Provides that if a filing including an addendum contains non-public information, the filer must also file a redacted version of the filing.

URAP 038A. Withdrawal of counsel. Amend. Requires that appointed appellate counsel represent a client through the first appeal as of right.

URAP 040. Attorney’s or party’s certificate; sanctions and discipline. Amend. Provides that a person may sign a document using any form recognized by law as binding. Provides that by signing a document, a person makes certain representations to the court including that a filing made under rule 21(g) does not contain non-public information.

Supreme Court Order.

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