Category: URAP004

URAP004. Appeal as of right: when taken. The approved amendments to Rule 4 include: (1) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; (2) clarify when the time for appeal beings to run when multiple post-judgment motions are decided separately; (3) restructure paragraph (f) to be consistent with paragraph (g) (addressing reinstating the right to appeal in civil cases); (4) explain the standard governing a motion to reinstate the time for appeal in a criminal case; (5) include a one-year deadline from discovery of facts giving rise to the claim; (6) require a defendant to include in the motion for reinstatement the reasons for filing later than the one year deadline; and (7) clean up language for clarity.

Supreme Court Order

URAP004. Appeal as of right: when taken. S.B. 18, the Public Expression Protection Act, originally sought to impose a 21-day deadline to file a notice of appeal from the denial of an expedited motion to dismiss a lawsuit under the Act. But the Utah Supreme Court’s legislative liaison recognized that including a deadline to file a notice of appeal in a statute could raise constitutional questions about whether that deadline infringes the Court’s procedural rulemaking authority. There was not enough time left in the legislative session for the legislature to pursue a joint resolution to amend the rules of appellate procedure to add the new deadline. Thus, to avoid future litigation on the constitutional issue, court and legislative personnel worked jointly to amend rule 4 to include the new deadline to take effect simultaneously with the bill’s effective date of May 3, 2023.  The Court has accordingly adopted the amendment to rule 4 on an expedited basis, with the public comment period to follow, pursuant to rule 11-105(5) of the Utah Rules of Judicial Administration.

Supreme Court Order

URAP 001. Scope of rules. Amend. Makes technical changes and clarifies which appellate rules apply in child welfare proceedings.
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 019. Extraordinary writs. Amend. Changes references to rule 8A to rule 23C in line with the renumbering of rule 8A effective November 1, 2014.
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 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.
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.
Supreme Court Order.

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.
Supreme Court Order.

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. Effective: November 1, 2006
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. Effective: November 1, 2006
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. Subject to further changes after the comment period.
Supreme Court Order May 1, 2006
Supreme Court Order