Posted: November 14, 2007
Rules of Juvenile Procedure
URJP 52. Appeals. Amend. Requires that appeals in abuse, neglect, dependency, termination and adoption cases must be filed within 15 days of the entry of the order appealed from.
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Posted: November 14, 2007
URJP 52. Appeals. Amend. Requires that appeals in abuse, neglect, dependency, termination and adoption cases must be filed within 15 days of the entry of the order appealed from.
It appears this rule is an attempt to incorporate the 2004 amendements to Rules 1 and 52 of the Utah Rules of Appellate Procedure. Rather than attempt to conform Juvenile Rule 52 to Appellate Rule 52, the better approach would be to delete existing subdivisions (a) and (b) (proposed subdivisions (a), (b), and (c)).
Existing subdivision 52(c) states: “The Utah Rules of Appellate Procedure shall govern the appeal process, including preparation of the record and transcript.” Because this provision already incorporates the Utah Rules of Appellate Procedure, it is unnecessary to then restate selected portions of those rules in the juvenile court rules.
The merit in not restating the appellate rules is illustrated by the conflict between these rules for the last three years. Since May 3, 2004, the juvenile rules have provided a 30 day deadline for appeal while the appellate rules contained a 15 day deadline. Rather than taking the band-aid approach of just fixing the conflict, it would be better to eliminate the possibility of conflict — let the appellate rules be the sole source of the time deadlines.