URAP038 – Utah Court Rules

Code of Judicial Administration and Rules of Appellate Procedure – Effective October 8, 2019, pursuant to Rule 11-105(5) of the Utah Code of Judicial Administration

CJA11-0401. Standing Committee on Appellate Representation and the Appellate Roster. Amend.

URAP038B. Qualifications for Appointed Appellate Counsel. Amend.

URAP058. Ruling. Amend.

The following is a brief summary of the rule amendments:

Updates terminology in Rule 11-401 to address legislative changes;
Addresses in Rule 11-401 the addition to the Appellate Roster of appeals of private parental termination cases from the district court;
Adds a mentoring provision to Rule 11-401;
Adds a rolling admissions provision to Rule 11-401;
Addresses in Rule 11-401 the Indigent Defense Commission’s role with the committee;
Merges the provisions of Appellate Rule 38B into Rule 11-401;
Addresses in Rules 38B and 11-401 the role of attorneys’ contracts with government entities to represent indigent individuals on appeal prior to Rule 11-401’s adoption;
Addresses the tension between Rule 55 and the child welfare appellate roster in Rule 58;
Adds transparency to the Appellate Roster vetting process; and
Amends the Appellate Roster reconsideration process.

Rules of Appellate Procedure

URAP 19. Extraordinary writs. Amend. The amendment will require a petitioner seeking extraordinary relief to state whether interlocutory appeal was sought, and if so, the results of the petition.
URAP 25. Brief of an amicus curiae or guardian ad litem. Amend. The proposal establishes specific deadlines for filing a brief of an amicus curiae.
URAP 37. Suggestion of mootness; voluntary dismissal. Amend. The amendments clarify that a suggestion of mootness should be filed only when one or more, but less than all, of the issues have become moot. If all the issues are moot, a motion for voluntary dismissal must be filed. The amendments also establish a process for filing a request for dismissal. The request must be in the form of a motion and is subject to court approval.
URAP 38. Substitution of counsel. Amend. The amendments clarify the process for substituting a party when a party becomes incompetent or for other causes.
URAP 49. Petition for writ of certiorari. Amend. A petition of writ of certiorari shall include references to the record on appeal or to the opinion of the Court Appeals, rather than referring to both sources.
URAP 50. Brief in opposition; reply brief; brief of an amicus curiae. Amend. The proposal establishes a more detailed process for submitting a proposed amicus brief, including the contents of the brief and deadlines.
Supreme Court Order