Category: -Rules of Appellate Procedure

Rules of Appellate Procedure – Comment Period Closed June 19, 2022

The Committee proposes amending the listed rules to (1) add “or declaration” any time affidavit is mentioned; (2) add an Advisory Committee Note explaining that the term “declaration” refers to the unsworn declaration described in Title 78b, Chapter 18a, Uniform Unsworn Declarations Act; (3) move the reference to the statute in Rule 37 to an Advisory Committee Note so the rules will be consistent; and (4) remove language in Rules 8 and 17 regarding other sworn statements.

URAP008. Stay or injunction pending appeal. 

URAP017.  Stay pending review. 

URAP023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. 

URAP029. Oral argument. 

URAP037. Suggestion of mootness; voluntary dismissal. 

 

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Rules of Appellate Procedure – Comment Period Closed May 7, 2022

URAP014. Review of administrative orders: how obtained; intervention. Amend

The Advisory Committee on the Rules of Appellate Procedure recommends amending Rule 14, which addresses review of administrative orders, to allow parties to file a cross-petition when a petition for review is filed by another party. The proposal responds to the Utah Court of Appeals’ observation that allowing cross-petitions in administrative appeals would further judicial efficiency. See Watson v. Lab. Comm’n, 2020 UT App 170, ¶1 n.1, 480 P.3d 353.

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Rules of Appellate Procedure – Comment Period Closed April 24, 2022

 

URAP004. Appeal as of right: when taken. Amend. The proposed amendments to Rule 4, subsection (f), addressing reinstating the right to appeal in criminal cases; are to (1) add that a motion to reinstate must be filed within one year from discovery of facts giving rise to the claim; (2) include the standard governing such motions; (3) restructure the section to be consistent with subsection 4(g) (addressing reinstating the right to appeal in civil cases); (4) and clean up language for clarity and consistency.

URAP020. Habeas corpus proceedings. Repeal. The Utah Supreme Court’s Advisory Committee on the Rules of Appellate Procedure recommends repealing Rule 20 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.

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Rules of Appellate Procedure – Comment Period Closed March 5, 2022

URAP010. Extension of time. Amend. The proposed amendments to Rule 10, subsection (d): address enlargements of time for filing memoranda under the simplified appeals process to make the language regarding the deadline for such motions consistent with that in Rules 22(a) and 22(b)(3).

URAP011. The record on appeal. Amend. The proposed amendments to Rule 11: (1) address the Court’s concerns—that arose in Arreguin-Leon v. Hadco Constr., LLC, 2020 UT 59, 472 P.3d 927—about defining what constitutes the record on appeal and the procedures for correcting or supplementing the record on appeal; (2) clarify and adjust the deadlines for ordering transcripts, ensuring that indigent parties have the opportunity to review the case before being required to order transcripts; (3) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (4) make other changes to conform with the Appellate Clerks’ Office current practice.

URAP012. Transmitting the record. Amend. The proposed amendments to Rule 12: (1) recognize the current practice of utilizing electronic records and the appellate court’s transcript management system; (2) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (3) make other changes to conform with the Appellate Clerks’ Office current practice.

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Rule of Appellate Procedure – Comment Period Closed January 16, 2022

URAP025. Amicus curiae briefs. Amend. The proposed amendments to Rule 25: (1) modify the language throughout to rule to mirror the federal rule; (2) incorporate the language from Rule 50 regarding amicus curiae briefs; (3) allow an amicus curiae brief to be filed without leave of court if all parties have consented to its filing; (4) provide a word count length requirement; (5) change the due date from 21 days to 14 days in 25(d); (6) added language in 25(g) addressing responsive briefs; and (7) clean up other language for clarity and consistency.

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Rules of Appellate Procedure – Comment Period Closed September 10, 2021

URAP023. Motions. Amend. The proposed amendments remove all language regarding form requirements in 23(f) and incorporate that language into Rule 27.

URAP027. Form of briefs. Amend. The proposed amendments: (1) combine form requirements for briefs, motions, and other documents into one rule; (2) incorporate language regarding form requirements from Rule 23(f); and (3) clean up other language for clarity and consistency.

URAP030. Decision of the court: dismissal; notice of decision. Amend. The proposed amendments clarify what constitutes the entry of a decision in 30(d) and (e).
URAP031. Expedited appeals decided after oral argument without written opinion. Amend. The proposed amendments: (1) include language in 31(b)(1) allowing the Court to consider expedited decision upon stipulation of the parties; (2) remove the language in 31(d) regarding appeals ineligible for expedited decision; and (3) clean up other language for clarity and consistency.
URAP054. Transcript of proceedings. Amend. The proposed amendments update instructions for ordering transcripts in 54(a).
URAP055. Petition on appeal. Amend. The proposed amendments: (1) change the deadline in 55(a) for filing the petition on appeal to 15 days from the transmission of the record, rather than from filing the notice of appeal; (2) modify 55(b) to allow appointed appellate counsel to file the petition on appeal; and (3) include a requirement that appellate counsel be appointed within 21 days of the notice of appeal.
URAP056. Response to petition on appeal. Amend. The proposed amendments: (1) replace the page requirement with a word requirement in 56(b); and (2) comport the rule with Standing Order No. 11.
URAP057. Record on appeal; transmission of record. Amend. The proposed amendments update language regarding record transmission in 57(b).
URAP058. Ruling. Amend. The proposed amendments remove the language in 58(b) regarding the remand to juvenile court to appoint appellate counsel.
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Rules of Appellate Procedure – Comment Period Closed May 23, 2021

URAP015. Petitions for review in tax cases. Amend. The proposed amendments to Rule 15: (1) remove the statutory citations in 15(a) and 15(c); (2) rework the language in 15(c); and (3) clean up other language for clarity and consistency.

URAP025. Amicus curiae briefs. Amend. The proposed amendments to Rule 25: (1) modify the language throughout to rule to mirror the federal rule; (2) incorporate the language from Rule 50 regarding amicus curiae briefs; (3) allow an amicus curiae brief to be filed without leave of court if all parties have consented to its filing; (4) provide a word count length requirement; (5) change the due date from 21 days to 14 days in 25(d); and (6) clean up other language for clarity and consistency.

URAP050. Response; reply. Amend. The proposed amendments to Rule 50: (1) remove all mention of amicus curiae briefs and incorporate that language into Rule 25; (2) replace the phrase “subject index” with “table of contents” in 50(b); (3) change the due date from 14 days to 7 days in 50(d); (4) incorporate Standing Order 11; and (5) clean up other language for clarity and consistency.

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Rules of Appellate Procedure – Comment Period Closed March 22, 2021

URAP043. Certification by the Court of Appeals to the Supreme Court. Amend. The proposed amendments to Rule 43: (1) change the due date from ten days to 14 days in 43(b)(1); (2) comport the rule with Standing Order 11 (regarding filing documents by email); and (3) clean up other language for clarity and consistency.

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