Category: -Rules of Appellate Procedure

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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Rules of Appellate Procedure – Comment Period Closed September 24, 2017

URAP021. Amended Rule 21 clarifies the “prisoner mailbox rule,” which will promote consistency, clarity, and certainty in inmate litigation. The Advisory Committee on Civil Rules is publishing for public comment a virtually identical amendment to the Utah Rules of Civil Procedure.

URAP025. This is a conforming amendment to amended URAP 25A.

URAP025A. The proposed amendment gives the Attorney General the right to appear at oral argument whenever an amicus brief has been filed pursuant to the rule.

URAP030. The proposal, 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. 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). Finally, the committee recommends deleting the current subdivision —“[a] suggestion of mootness or motion for voluntary dismissal shall be subject to the appellate court’s approval”— for the same reasons mentioned in subdivision (b).

URAP055. Amended Rule 55 gives the court discretion to dismiss an untimely filed petition in a child welfare case, rather than requiring dismissal.

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Rules of Appellate Procedure – Comment Period Closed December 25, 2016

URAP024 – The proposed amendment substantially changes the organization and content of briefs. An important objective of the amendment is to present the party’s case in logical order, in measured increments, and without unnecessary repetition. The principal brief of each party must meet the same requirements.
URAP024A – The proposed amendment collects in one separate rule the briefing requirements in cross-appeals.  The briefing requirements have also been clarified and simplified for ease of use.
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Rules of Appellate Procedure – Comment Period Closed July 16, 2016

Rule 014 Amend. Requires a party seeking review in the Supreme Court or Court of Appeals of an administrative agency order to file a petition for review even if a statute describing the review describes it as an appeal. Removes provisions governed by statute or other rules.

Rule 025A New. Describes the requirement and procedures for serving briefs on the attorney general or county or municipal attorney when challenging the constitutionality of a statute or ordinance. Establishes penalties for failure to do so. Allows the attorney general or county or municipal attorney to file an amicus brief when the constitutionality of a statute or ordinance is challenged. Allows the appellate court to request an amicus brief.

 

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