Category: URAP010

URAP010.Procedures for summary disposition or simplified appeal process. The amendments to Rule 10 include: (1) adding a provision to allow the appellate courts to dismiss an appeal for failure to prosecute if, after 150 days, the reasons the appeal was tolled under Rule 4(b) or Rule 4(c) are not resolved; and (2) to clean-up for clarity and consistency.

URAP057.Record on appeal; transmission of record; supplementation of the record. The amendment to Rule 57 modifies the definition of the record on appeal for child welfare cases, and makes the rule consistent with Rule 11.

Supreme Court Order

URAP010. Procedures for summary disposition or simplified appeal process. Amend. The amendments to Rule 10, paragraph (d): address enlargements of time for filing memoranda under the simplified appeals process to make the language regarding the deadline for such motions consistent with that in Rules 22(a) and 22(b)(3).

URAP011. The record on appeal. Amend. The amendments to Rule 11: (1) address the Court’s concerns—that arose in Arreguin-Leon v. Hadco Constr., LLC, 2020 UT 59, 472 P.3d 927—about defining what constitutes the record on appeal and the procedures for correcting or supplementing the record on appeal; (2) clarify and adjust the deadlines for ordering transcripts, ensuring that indigent parties have the opportunity to review the case before being required to order transcripts; (3) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (4) make other changes to conform with the Appellate Clerks’ Office current practice.

URAP012. Transmitting the record. Amend. The amendments to Rule 12: (1) recognize the current practice of utilizing electronic records and the appellate court’s transcript management system; (2) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (3) make other changes to conform with the Appellate Clerks’ Office current practice.

Supreme Court Order

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 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 20. Habeas corpus proceedings. Amend. Differentiates the number of copies to be filed depending on the court in which the appeal is pending.
URAP 24. Briefs. Amend. In cases in which a party submits supplemental authority after briefing, the amendment allows 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.
URAP 56. Response to petition on appeal. Amend. Deletes reference to URAP 27(d).
Supreme Court Order
Supreme Court Order