Utah Court Rules – Published for Comment
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Posted: June 21, 2013
URAP 024. Briefs. Amend. Requires that an addendum to a brief in a termination of parental rights case be separately bound. Establishes requirements and guidelines for protecting the confidentiality of persons involved in the appeal of an adoption or termination of parental rights.
URAP 058. Ruling. Amend. Refers to the applicability of Rule 24 in appeals involving the termination of parental rights.
Posted: May 15, 2013
URAP 004. Appeal as of right: when taken. Amend. Creates a process for litigants in civil cases to seek reinstatement of the 30 day period for filing an appeal. A trial court may reinstate the time for appeal if a party did not receive a notice of the judgment, because it was not promptly sent and the litigant otherwise exercised reasonable diligence in monitoring the proceedings.
URAP 014. Review of administrative orders: how obtained; intervention. Amend. Clarifies that payment of the filing fee is not jurisdictional, making the rule consistent with rule 3.
URAP 024. Briefs. Amend. Changes how a brief should be structured. Clarifies what should be included in each section and how much detail. Adds a word count limit in death sentence cases, doubling the limit in other appeals.
Posted: April 3, 2012
URAP 029. Oral argument. Amend. The proposed amendment will allow for oral argument if the court determines that oral argument will significantly aid the decisional process. The amendment reflects current court practice.
Posted: October 26, 2011
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.
Posted: August 3, 2011
URAP 023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Repeal. The committee proposes a repeal of rule 23B. The proposal is based on recommendations from both prosecutors and defense counsel. Rule 23B proceedings require significant resources and yet very few proceedings result in a decision being reversed. Repeal of the rule will not prohibit attorneys from raising ineffective assistance claims on appeal or on collateral attack.
URAP 029. Oral argument. Amend. Permits the court to deny oral argument if the appeal is inadequately briefed. If the appeal is inadequately briefed, the court may choose to resolve the appeal on that basis and oral argument would serve no purpose.
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.
Posted: March 2, 2011
URAP 024. Briefs. Amend. The proposed change creates a word limit for briefs rather than a page limit. A principal brief may have up to 14,000 words. Word limits are established for all other types of briefs.
URAP 027. Form of briefs. Amend. The proposed change will make 14 point typeface the standard rather than 13 point type.
URAP 038B. Qualifications and duties for appointed counsel. Amend. This amendment describes the scope of representation for appointed counsel. The rule clarifies that representation is required through a petition for writ of certiorari to the Utah Supreme Court, if such a petition is warranted, or if it is necessary to respond to a State petition.
Posted: November 23, 2010
URAP 011. The record on appeal. Amend, Amends rule to reflect on-line transcript ordering.
URAP 012. Transmission of the record. Amend. Amends rule to reflect that the transcriber submits an electronic copy of the transcript to the transcript management program and hard copy is filed with the trial court.
URAP 042. Transfer of case from supreme court to court of appeals. Amend. The amendment eliminates the paragraph addressing finality of transfer orders. The Supreme Court’s practice will be handled internally and not by rule.
Posted: April 26, 2010
URAP 05. Discretionary appeals from interlocutory orders. Amend. The amendment states that petitions in criminal and juvenile delinquency cases shall be served on the Office of the Utah Attorney General.
URAP 23B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Amend. The amendment calculates the response time from the date of service and not the date of filing.
URAP 29. Oral argument. Amend. The amendments clarify the standards for continuing oral argument at the request of a party.
URAP 035. Petition for rehearing. Amend. Requires that a petition for rehearing include a copy of the decision. Effective June 1, 2010 under Rule 11-505. Subject to change after the comment period.
Supreme Court Order
Posted: November 16, 2009
URAP 15. Petitions for review in tax cases. New. Provides for stay of a tax appeal in the Supreme Court if case is also before the district court on a petition for judicial review. This rule is being published for comment for a second time after substantial revisions. In order for the Supreme Court to act before the end of the year, the comment period closes December 7, 2009.
Posted: July 6, 2009
URAP 15. Petitions for review in tax cases. New. Provides for stay of a tax appeal in the Supreme Court if case is also before the district court on a petition for judicial review.