URAP005. Discretionary appeals from interlocutory orders. Amended. The amendments to Rules 5 and 10 incorporate substantial changes meant to streamline and modernize the appellate process. For example, the proposed addition of subsection (j) in Rule 5 defines the record on appeal and permits a party to submit an appendix to be filed separately with the party’s principal brief. The proposed amendments authorize citations to the record, to an appendix, or both.
URAP010. Procedures for summary disposition or simplified appeal process. Amended. The amendments to Rule 10 allow specific classes of appeals to be designated for expedited review. The proposed amendments also narrow the grounds for parties to seek summary disposition by limiting such motions to jurisdictional objections. The Court retains its right to summarily dismiss, affirm, or reverse a case on its own initiative.
URAP021. Filing and Service. Amended. The amendments to Rules 21 and 26 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email). Rule 21 amendments would allow parties to file and serve papers by email, with different requirements for briefs and papers other than briefs. Paragraph (f) directs the parties on electronic signatures. The amendments in proposed paragraph (b) incorporate the Standing Order’s timing for paying fees.
URAP026. Filing and Service of Briefs. Amended. The amendments to Rule 26 address email service and number of paper copies required in the appellate courts.
Supreme Court Order for URAP 5 and 10
Supreme Court Order for URAP 21 and 26
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
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.
URAP 004. Appeal as of right: when taken. Amend. The amendment deletes the paragraph on notices of appeal filed by inmates, which provision is moved to Rule 21. The amendment also clarifies the time for filing a cross-appeal. The time begins from the date that the notice of appeal is docketed, rather than filed.
URAP 021. Filing and service. Amend. The amendment includes the provisions on filing notices of appeal by inmates. The amendments also clarify where filings are to be made and when filing is deemed accomplished.
Supreme Court Order
URAP 038A. Withdrawal of counsel. Amend. Places the burden on opposing counsel to file the notice to appoint or appear when an attorney withdraws from a case. This will make the practice similar to the practice in trial courts.
Supreme Court Order