The amendments to URAP 23B incorporate language from the Court’s Revised Order Pertaining to Rule 23B, dated September 25, 2013, and makes other amendments that conform to current practice. The amendments to URAP 25, 46, 49, 50 and 51 are to conform the rules to current practice, and to clarify the standards and grounds for review of a petition for certiorari.
Summary of Amendments. The model for e-filing may change as the courts and lawyers gain experience, but the following points describe the main features of the model that we anticipate:
- As in the district court and in the juvenile court, e-filing in the appellate courts will be optional when it is available, with mandatory e-filing by lawyers about 2-4 months after that. The AOC will host e-filing. There will be no third-party service providers, as there are in district court.
- Self-represented parties will continue to file and serve documents by traditional means, but will be encouraged to e-mail them to the court and to the other parties.
- Printed courtesy copies of some briefs will be required. Otherwise only a digital file will be filed.
- As in the district court, e-filing a document has the effect of serving the document on other e-filers. Self-represented parties will have to serve and be served using traditional means, which will include email. Unlike URCP 5, service by email on a self-represented party will not require the party’s agreement.
- The transcriber will electronically file the transcript, as is now the case.
- The record in the review of an administrative agency will be assembled either as a digital or paper file, depending on the capability of the agency, and delivered to the appellate court.
- There will be no traditional assembly of the record on appeal from the district court or juvenile court nor an electronic equivalent of assembly into a single digital file. Exhibits offered or introduced as evidence and not electronically filed in the trial court will be sent to the appellate court in the traditional way.
- The digital records of the district court and juvenile court will be available to lawyers, self-represented parties and the courts through the courts’ e-filing systems. A digital file of assembled agency records will be available to lawyers, self-represented parties and the courts as a digital file. A paper file of assembled agency records will be checked out of the agency or the appellate court in the traditional manner. The court will print select portions of a digital file for a self-represented party upon request and a showing of need.
- Citations in briefs and other appellate filings to the trial court record will be by the number of the document in the trial court docket and the relevant page number within the document. The citation to the trial court record will be a link to the relevant page of the document. Citations to the record of an administrative agency’s digital or paper file will be by citation to the relevant Bates number or page number of the file. The IT department of the AOC has developed an application to simplify the process of creating links, and the application will be publicly available.
- A traditional signature on filings will be permitted but not required. The effective signature is the filer’s electronic signature, which is governed by Title 46, Chapter 4, Uniform Electronic Transactions Act. The filer’s electronic signature carries all of the representations and consequences of a traditional signature.
StandingOrder 08. As to establishment of a pilot program to require submission of electronic courtesy briefs to the Utah Supreme Court and the Utah Court of Appeals.
CJA 05-0201. Requests for enlargement of time by court recorders and transcribers. Amend.
URAP 003. Appeal as of right: how taken. Amend.
URAP 005. Discretionary appeals from interlocutory orders. Amend.
URAP 009. Docketing statement. Amend.
URAP 010. Motion for summary disposition. Amend.
URAP 011. The record on appeal. Amend.
URAP 012. Transmission of the record. Amend.
URAP 013. Notice of filing by clerk. Amend.
URAP 014. Review of administrative orders: how obtained; intervention. Amend.
URAP 016. The agency record on appeal. New.
URAP 019. Extraordinary writs. Amend.
URAP 020. Habeas corpus proceedings. Amend.
URAP 021. Filing and service. Amend.
URAP 021A. Hyperlinks. New.
URAP 022. Computation and enlargement of time. Amend.
URAP 023. Motions. Amend.
URAP 023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Amend.
URAP 023C. Motion for emergency relief. Amend.
URAP 024. Briefs. Amend.
URAP 025. Brief of an amicus curiae or guardian ad litem. Amend.
URAP 026. Filing and service of briefs. Amend.
URAP 027. Form of briefs. Amend.
URAP 029. Oral argument. Amend.
URAP 034. Award of costs. Amend.
URAP 035. Petition for rehearing. Amend.
URAP 036. Issuance of remittitur. Amend.
URAP 039. Duties of the clerk. Amend.
URAP 041. Certification of questions of law by United States courts. Amend.
URAP 042. Transfer of case from Supreme Court to Court of Appeals. Amend.
URAP 043. Certification by the Court of Appeals to the Supreme Court. Amend.
URAP 047. Transmission of record; joint and separate petitions; cross-petitions; parties. Amend.
URAP 048. Time for petitioning. Amend.
URAP 050. Brief in opposition; reply brief; brief of amicus curiae. Amend.
URAP 051. Disposition of petition for writ of certiorari. Amend.
URAP 053. Notice of appeal. Amend.
URAP 054. Transcript of proceedings. Amend.
URAP 055. Petition on appeal. Amend.
URAP 056. Response to petition on appeal. Amend.
URAP 057. Record on appeal; transmission of record. Amend.
URAP 058. Ruling. Amend.
URAP 059. Extensions of time. Amend.
URAP 060. Judicial bypass appeals. Amend.
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.
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