Category: URAP019

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.
Supreme Court Order.

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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.
Supreme Court Order

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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).
Supreme Court Order
Supreme Court Order

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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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