Category: URAP019

Rules of Appellate Procedure – Effective May 1, 2023

URAP020. Habeas corpus proceedings. Repeal/Add Advisory Committee Note. Rule 20 has been repealed because it is superfluous and confusing, and could prejudice a criminal defendant’s opportunity to seek relief under the Post-Conviction Remedies Act (PCRA). Rules 65B and 65C of the civil rules, together with the PCRA, Utah Code § 78B-9-101 to -110, already provide mechanisms to challenge the lawfulness of any official detention. Although the rule is being repealed, there will be an advisory committee note left in Rule 20 advising parties that although Rule 20 has been repealed, they still have the ability to file a petition directly to the Supreme Court under Rule 19, under appropriate circumstances.

URAP019. Extraordinary writs. Rule 19 has been amended to: (1) incorporate a page and word limit, and a certificate of compliance, similar to the requirements in Rule 24 regarding briefs; (2) add the ability for the petitioner to file a reply after service of a response; (3) increase the amount of time to file a response from 7 days to 30; (4) add an Advisory Committee Note advising parties that although Rule 20 has been repealed, they still have the ability to file a petition directly to the Supreme Court under Rule 19 under appropriate circumstances; and (5) clean up language for clarity and consistency.

URAP023. Motions. Rule 23 has been amended to substitute “discussion” for “memorandum.” The Committee believes that the word “memorandum” can lead individuals to file unnecessarily a separate document containing the facts and arguments supporting their requests, rather than merely including those facts and arguments in the original petition or motion.

URAP023C. Motion for emergency relief. Rule 23C has been amended to: (1) change the reference to Rule 19; (2) change the rule reference in paragraph (e) concerning form of papers from Rule 23(f) to Rule 27, as paragraph 23(f) was relocated to Rule 27 effective November 1, 2021; and (3) correct formatting for consistency. The rule currently refers to a specific subparagraph in Rule 19 that will be renumbered under the proposed amendments. To avoid cross-referencing problems that future amendments may create, the Committee recommends directing parties to the general rule rather than a specific paragraph.

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Rules of Appellate Procedure – Effective November 1, 2020

URAP009. Docketing statement. Amend.  The amendments to Rule 9 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.

URAP019. Extraordinary writs. Amend.  The amendments to Rule 19 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.

URAP028A. Appellate Mediation Office. Amend. The amendments to Rule 28A incorporate the advisory committee note into the language of the rule and repeal the note.

URAP033. Damages for delay or frivolous appeal; recovery of attorney fees. Amend. The amendments allow the court to impose sanctions without a hearing or at the court’s discretion, so long as the party is provided with notice and an opportunity to respond.

URAP044. Transfer of improperly pursued appeals. Amend. The amendments to Rule 44 incorporate the advisory committee note into the language of the rule and repeal the note.

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Rules of Appellate Procedure

URAP 001. Scope of rules. Amend. Makes technical changes and clarifies which appellate rules apply in child welfare proceedings.
URAP 004. Appeal as of right; when taken. Amend. Clarifies the process for filing a motion for extension of time to file a notice of appeal based on good cause or based on good cause or excusable neglect.
URAP 019. Extraordinary writs. Amend. Changes references to rule 8A to rule 23C in line with the renumbering of rule 8A effective November 1, 2014.
URAP 025. Brief of amicus curiae or guardian ad litem. Amend. Makes technical changes and clarifies that the deadline for filing a motion for leave to file a brief of amicus curiae or guardian ad litem does not apply when a motion for leave is filed under URAP 50(f).
URAP 047. Certification and transmission of record; joint and separate petitions; cross-petitions; parties. Rename and amend. Removes the requirement for certification of the record. Provides that the Clerk of the Supreme Court shall notify the Clerk of the Court of Appeals to transmit the record on appeal to the Supreme Court when a petition for certiorari has been granted.
URAP 048. Time for petitioning. Amend. Clarifies the process for filing a motion for extension of time to file a petition for writ of certiorari based on good cause or based on good cause or excusable neglect.
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Rules of Appellate Procedure

URAP 19. Extraordinary writs. Amend. The amendment will require a petitioner seeking extraordinary relief to state whether interlocutory appeal was sought, and if so, the results of the petition.
URAP 25. Brief of an amicus curiae or guardian ad litem. Amend. The proposal establishes specific deadlines for filing a brief of an amicus curiae.
URAP 37. Suggestion of mootness; voluntary dismissal. Amend. The amendments clarify that a suggestion of mootness should be filed only when one or more, but less than all, of the issues have become moot. If all the issues are moot, a motion for voluntary dismissal must be filed. The amendments also establish a process for filing a request for dismissal. The request must be in the form of a motion and is subject to court approval.
URAP 38. Substitution of counsel. Amend. The amendments clarify the process for substituting a party when a party becomes incompetent or for other causes.
URAP 49. Petition for writ of certiorari. Amend. A petition of writ of certiorari shall include references to the record on appeal or to the opinion of the Court Appeals, rather than referring to both sources.
URAP 50. Brief in opposition; reply brief; brief of an amicus curiae. Amend. The proposal establishes a more detailed process for submitting a proposed amicus brief, including the contents of the brief and deadlines.
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Rules of Appellate Procedure

URAP 10. Motion for summary disposition. Amend. Differentiates the number of copies to be filed depending on the court in which the appeal is pending.
URAP 19. Extraordinary writs. Amend. The amendment eliminates the requirement of a separate memorandum in support of a response to a petition for extraordinary relief. Supporting authority can be included in the response document.
URAP 20. Habeas corpus proceedings. Amend. Differentiates the number of copies to be filed depending on the court in which the appeal is pending.
URAP 24. Briefs. Amend. In cases in which a party submits supplemental authority after briefing, the amendment allows a party up to 350 words to explain why the supplemental authority is being submitted, and allows the other party 350 words to respond.
URAP 50. Brief in opposition; reply brief; brief of amicus curiae. Amend. The amendment eliminates the requirement that all parties consent to an amicus brief in certiorari cases. The parties may voice support for or opposition to amicus participation.
URAP 51. Disposition of petition for writ of certiorari. Amend. The amendment clarifies what must be included in briefs on a writ of certiorari, eliminating the requirement that the brief show that the issues were preserved in the trial court, and instead requiring that the brief was fairly included in the petition for a writ of certiorari.
URAP 56. Response to petition on appeal. Amend. Deletes reference to URAP 27(d).
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Rules of Appellate Procedure

URAP 04. Appeal as of right: when taken. Amend. The proposed amendments are intended to clarify the status of a notice of appeal filed while certain motions are pending. The notice of appeal will be effective as of the date the motion is resolved, but will only be effective for the underlying judgment.
URAP 08A. Emergency relief. New. Creates a new rule to establish a process for managing requests for emergency relief.
URAP 09. Docketing statement. Amend. Contains a technical change to reflect a legislative amendment requiring a motion to withdraw a guilty plea to be made before sentencing.
URAP 12. Transmission of the record. Amend. Requires the clerk transmit the record in post-conviction cases.
URAP 19. Extraordinary writs. Amend. Clarifies the process for resolving petitions for extraordinary relief, and references Rule 8A for other requests for emergency relief. Clarifies that the court?s decision will be based on the petition and the response, unless briefing is requested by the court.
URAP 30. Decision of the court: dismissal; notice of decision. Amend. Technical change.
Supreme Court Order.

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