Category: URAP037

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 

 

Continue Reading

Rules of Appellate Procedure

URAP 005. Discretionary appeals from interlocutory orders. Amend. Sets a page limit for a petition for permission to appeal and describes how relevant documents may be referenced; provides that a response to a petition for permission to appeal will not be received unless requested by the court; and provides that cross-petitions for permission to appeal are not permitted.
URAP 023. Motions. Amend. Provides that a reply may be filed no later than five days after service of the response, but allows the court to rule on the motion without awaiting a reply.
URAP 035. Petition for rehearing. Amend. Provides the circumstances under which a party may petition for rehearing.
URAP 037. Suggestion of mootness; voluntary dismissal. Amend. Provides that an appellant’s personal affidavit demonstrating that the decision to dismiss is voluntary need only be filed on a motion to dismiss for reasons other than mootness.
Supreme Court Order.

Continue Reading

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

Continue Reading