Category: -Rules of Appellate Procedure

Rules of Appellate Procedure

URAP 038B. Qualifications for Appointed Appellate Counsel. Amend. Outlines the responsibility of appointed appellate counsel to represent the client throughout the first appeal as of right.

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Rules of Appellate Procedure

URAP 004. Appeal as of right; when taken. Amend. Clarifies the process for filing a motion for extension of time to file a notice of appeal based on good cause or based on good cause or excusable neglect.
URAP 021. Filing and service. Amend. Outlines the certifications an individual makes when filing papers in the appellate court.
URAP 021A. Appellate filings containing other than public information and records. New. Creates a new rule addressing the process for making appellate filings that contain information and records classified as other than public under Utah law.
URAP 048. Time for petitioning. Amend. Clarifies the process for filing a motion for extension of time to file a petition for writ of certiorari based on good cause or based on good cause or excusable neglect.
URAP 055. Petition on appeal. Amend. Requires that petitions on appeal comply with rule 21A.
URAP 056. Response to petition on appeal. Amend. Requires that responses to petitions on appeal comply with rule 21A.

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Rules of Appellate Procedure

URAP 035. Petition for rehearing. Amend. Outlines the circumstances under which a petition for rehearing may be filed. Separates parts of the rule into separate subparagraphs. Provides the color for covers of petitions and responses filed under this rule.
URAP 038B. Qualifications for appointed appellate counsel. Amend. Requires that appointed appellate counsel represent a client through the first right of appeal.
URAP 047. Certification and transmission of record; joint and separate petitions; cross-petitions; parties. Rename and amend. Removes the requirement for certification of the record. Provides that the Clerk of the Supreme Court shall notify the Clerk of the Court of Appeals to transmit the record on appeal to the Supreme Court when a petition for certiorari has been granted.

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Rules of Appellate Procedure

URAP 001. Scope of rules. Amend. Makes technical changes and clarifies which appellate rules apply in child welfare proceedings.
URAP 025. Brief of amicus curiae or guardian ad litem. Amend. Makes technical changes and clarifies that the deadline for filing a motion for leave to file a brief of amicus curiae or guardian ad litem does not apply when a motion for leave is filed under URAP 50(f).
URAP 027. Form of briefs. Rename and amend. Amends the rule so that paragraphs (a) through (e) also apply to petitions for writ of certiorari and petitions for rehearing.

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Rules of Appellate Procedure

URAP 005. Discretionary appeals from interlocutory orders. Amend. Sets a page limit for a petition for permission to appeal and describes how relevant documents may be referenced; provides that a response to a petition for permission to appeal will not be received unless requested by the court; and provides that cross-petitions for permission to appeal are not permitted.
URAP 023. Motions. Amend. Provides that a reply may be filed no later than five days after service of the response, but allows the court to rule on the motion without awaiting a reply.
URAP 035. Petition for rehearing. Amend. Provides the circumstances under which a party may petition for rehearing.
URAP 037. Suggestion of mootness; voluntary dismissal. Amend. Provides that an appellant’s personal affidavit demonstrating that the decision to dismiss is voluntary need only be filed on a motion to dismiss for reasons other than mootness.

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Rules of Appellate Procedure

URAP 003. Appeal as of right: how taken. Amend. Provides that service of the notice of appeal shall be done in accordance with the service requirements of the court from which the appeal is taken.
URAP 008A. Motion for emergency relief. Renumber and amend. Renumbers rule 8A to rule 23C. Provides that a motion for emergency relief is not sufficient to invoke the court’s jurisdiction, and that a jurisdictional petition must be filed or no emergency relief will be granted.

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Rules of Appellate Procedure

URAP 009. Docketing statement. Amend. Explains the purposes of a docketing statement, the different types of docketing statements, and the information that must be included when filing a docketing statement.

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Rules of Appellate Procedure

URAP 011. The record on appeal. Amend. Eliminates the requirement that the appellant file a statement of the issues that will be presented on appeal and creates a process for the appellee to designate other proceedings to be transcribed, beyond those identified by the appellant.
URAP 029. Oral argument. Amend. Describes the differences between the supreme court and court of appeals in scheduling, waiving and continuing oral argument. Clarifies that reply argument by the appellant does not limit the scope or timing of the questions by the court. Effective July 16, 2013 under Rule 11-105(5). Subject to change after the comment period.
URAP 045. Review of judgments, orders, and decrees of court of appeals. Amend. Changes the language to correctly reflect the process on petitions for writs of certiorari

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Rules of Appellate Procedure

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.

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