-Rules of Appellate Procedure – Page 6 – Utah Court Rules

Posted: February 23, 2009

Audio Records of Hearings; Transcripts

The Judicial Council proposes the following amendments to the Code of Judicial Administration as part of its responsibility under Section 78A-2-405 to govern the manner in which the courts maintain the verbatim record of hearings. The Supreme Court proposes the following amendments to the Rules of Civil and Appellate Procedure governing the preparation of transcripts.
CJA 04-201. Record of proceedings. Amend. Eliminate requirements and standards for recording a court hearing by an official court reporter. Rely exclusively on audio video records.
CJA 03-305. Official court transcribers. Renumber and amend. Eliminate provisions for assignment of transcript preparation. Renumber as 5-202.
CJA 03-304. Official court reporters. Renumber and amend. Eliminate provisions regulating the office of official court reporter. Retain transcript format. Renumber as 5-203.
CJA 03-304.01. Substitute certified shorthand reporters. Repeal. Eliminate provisions for a substitute shorthand reporter.
URAP 11. The record on appeal. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court executive.
URAP 12. Transmission of the record. Amend. Shifts responsibilities from the official court reporter to a court transcriber.
URAP 54. Transcript of proceedings. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court clerk.
URCP 052. Findings by the court; correction of the record. Amend. Establishes a procedure for correcting the record of a hearing.

Posted: January 5, 2009

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 pr
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.

Posted: January 30, 2008

Rules of Appellate Procedure

URAP 03. Appeal as of right: how taken. Amend. States that a trial court clerk shall accept a notice of appeal even if the filing fee is not paid at that time. The fee must be paid within a reasonable time or the case might be dismissed.
URAP 37. Suggestion of mootness; voluntary dismissal. Amend. Requires a voluntary dismissal to be filed at least before the date that a decision is entered.
URAP 41. Certification of questions of law by United States courts. Amend. The proposed amendments state that, in certification cases, the rules of appellate procedure apply to the form of briefs and the proceedings on oral argument, except to the extent that the court notifies the parties differently.

Posted: December 4, 2007

Rules of Appellate Procedure

URAP 10. Motion for summary disposition. Amend. Differentiates the number of copies to be filed depending on the court in which the appeal is pending.
URAP 20. Habeas corpus proceedings. Amend. Differentiates the number of copies to be filed depending on the court in which the appeal is pending.
URAP 56. Response to petition on appeal. Amend. Deletes reference to URAP 27(d).

Posted: October 2, 2007

Rules of Appellate Procedure

URAP 19. Extraordinary writs. Amend. The amendment eliminates the requirement of a separate memorandum in support of a response to a petition for extraordinary relief. Supporting authority can be included in the response document.
URAP 24. Briefs. Amend. In cases in which a party submits supplemental authority after briefing, the amendment allows the a party up to 350 words to explain why the supplemental authority is being submitted, and allows the other party 350 words to respond.
URAP 50. Brief in opposition; reply brief; brief of amicus curiae. Amend. The amendment eliminates the requirement that all parties consent to an amicus brief in certiorari cases. The parties may voice support for or opposition to amicus participation.
URAP 51. Disposition of petition for writ of certiorari. Amend. The amendment clarifies what must be included in briefs on a writ of certiorari, eliminating the requirement that the brief show that the issues were preserved in the trial court, and instead requiring that the brief was fairly included in the petition for a writ of certiorari.

Posted: February 8, 2007

Rules of Appellate Procedure

URAP 55. Petition on appeal. Amend. Specifically describes the format of a petition for appeal in child welfare matters. The amendments incorporate specific provisions from Rule 27. Proposed effective date: November 1, 2007.

Posted: September 28, 2006

Rules of Appellate Procedure

URAP 12. Transmission of the record. Amend. Creates a process for counsel in civil cases to check out the record from the trial court.
URAP 28A. Appellate Mediation Office. Amend. Restricts disclosure of all mediation communications and documents, except the written agreement.
URAP 30. Decision of the court: dismissal; notice of decision. Amend. States that copies of unpublished decisions need not be supplied, unless the decision was issued before October 1, 1998.
URAP 55. Petition on appeal. Amend. Clarifies that a colored cover isn’t used in child welfare appeals.

Posted: May 2, 2006

Bypass of Parental Consent

Rule of Juvenile Procedure
URJP 60. Judicial bypass procedure to authorize minor to consent to an abortion. New. Establishes an expedited procedure by which a minor can petition to bypass parental consent to an abortion. Further amendments approved by the Supreme Court shown by redline effective May 10, 2006. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Rule of Appellate Procedure
URAP 60. Judicial bypass appeals. New. Establishes an expedited procedure by which a minor can appeal denial or dismissal of a petition to bypass parental consent to an abortion. Effective May 1, 2006. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.

Posted: April 27, 2006

Rules of Appellate Procedure

URAP 04. Appeal as of right: when taken. Amend. Creates a procedure to implement the directive in State v. Manning, 2005 UT 61, 122 P.3d 628. allowing a criminal defendant to have appeal rights reinstated, when the defendant has been deprived of the an appeal.
URAP 24. Briefs. Amend. Clarifies the briefs that are to be filed and the number of pages permitted in cases involving cross-appeals. A singled brief may not exceed 50 pages, and the combined total of a party’s two briefs may not exceed 75 pages.

Posted: October 6, 2005

Rules of Appellate Procedure

URAP 24. Briefs. Amend. The proposed amendment creates word and line limitations, in addition to a page limitation. Under the proposal, the principal brief would be either 30 pages, 14,000 words, or 1,300 lines of monospaced typeface. Another proposed amendment clarifies the process for seeking permission to file an over-length brief.