Category: URAP024A

Rules Governing Constitutional Challenges – Comment Period Closed April 12, 2020

The following amendments to Civil Rule 24, Criminal Rule 12, and Appellate Rule 25A are intended to better coordinate the provisions addressing constitutional challenges. The amendments do the following:

  • Address service on the Attorney General and other governmental entities;
  • Broaden the kinds of challenges that may arise;
  • Clarify that it is the governmental entity that responds, not the county or municipal attorney (which can be a contracted position in certain jurisdictions);
  • Eliminate outdated language in Civil Rule 24 in favor of the updated federal language;
  • Clarify in each rule the process and timing for the Attorney General or other governmental entity to respond to a constitutional challenge; and
  • Eliminate the requirement in Appellate Rule 25A that the Attorney General state the reasons for declining to file an amicus brief.

 

URCP024 – Redline and URCP024 – Clean

URCrP012 – Redline

URAP025A – Redline

 

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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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