Category: URAP055

Posted: November 30, 2021

Rules of Appellate Procedure – Effective November 1, 2021

URAP023. Motions. The amendments to Rule 23 are intended to: (1) remove all language regarding form requirements in 23(f) and incorporate that language into Rule 27; and (2) clean up other language for clarity and consistency.

URAP027. Form of briefs, notions, and other documents. The amendments to Rule 27 are intended to: (1) combine form requirements for briefs, motions, and other documents into one rule; (2) incorporate language regarding form requirements from Rule 23(f); and (3) clean up other language for clarity and consistency.

URAP030. Decision of the court; notice of decision. The amendments to Rule 30 are intended to: (1) clarify what constitutes the entry of a decision in 30 (d) and (e); and (2) clean up other language for clarity and consistency.

URAP031. Expedited decisions. The amendments to Rule 31 are intended to: (1) include language in 31(b)(1)allowing the court to consider expedited decision upon stipulation of parties; (2) remove the language in (d) regarding appeals ineligible for expedited decision; and (3) clean up other language for clarity and consistency.

URAP054. Transcripts. The amendments to Rule 54 are intended to: (1) update instructions for ordering transcripts in 54(a); and (2) clean up other language for clarity and consistency.

URAP055. Petition on appeal. The amendments to Rule 55 are intended to: (1) change the deadline in Rule 55(a) for filing the petition on appeal to 15 days from transmission of the record, rather than from filing the notice of appeal; (2) modify 55(b) to allow appointed appellate counsel to file the petition on appeal; (3) include a requirement that appellate counsel be appointed within 21 days of the notice of appeal in 55(b); and (4) clean up other language for clarity and consistency.

URAP056. Response to petition on appeal. The amendments to Rule 56 are intended to: (1) replace the page requirement with a word requirement in 56(b); (2) comport the rule with Standing Order 11; and (3) clean up other language for clarity and consistency.

URAP057. Record on appeal; transmission of record. The amendments to Rule 57 are intended to update language regarding record transmission in 57(b).

URAP058. Ruling. The amendments to Rule 58 are intended to remove the language in 58(b) regarding the remand to juvenile court to appoint appellate counsel.

Supreme Court Order

Posted: November 29, 2017

Rules of Appellate Procedure – Effective May 1, 2018

URAP021. Filing and service. Amend. Amended Rule 21 clarifies the “prisoner mailbox rule,” which will promote consistency, clarity, and certainty in inmate litigation. A virtually identical amendment has also been added to the Utah Rules of Civil Procedure.

URAP025. Brief of an amicus curiae or guardian ad litem. Amend. This is a conforming amendment to amended URAP 25A.

URAP025A. Challenging the constitutionality of a statute or ordinance. Amend. This amendment gives the Attorney General the right to appear at oral argument whenever an amicus brief has been filed pursuant to the rule.

URAP030. Decision of the court: dismissal; notice of decision. Amend. The amendment, which deletes the word “dismissal” in the title, corrects an anomaly because nowhere in the rule does it mention the word or provide for dismissing an appeal.

URAP037. Suggestion of mootness; voluntary dismissal. Amend. The proposed amendment makes several changes to the rule.

Subdivision (a). The changes are intended to clarify and simplify a party’s obligation to bring to the court’s attention those circumstances that render moot one or more issues presented for review on appeal.
Subdivision (b). The amended subdivision provides that if all parties to an appeal agree that the appeal should be dismissed, and if they stipulate to a motion for voluntary dismissal, then the appeal must be promptly dismissed. The committee felt that the proposed change would encourage prompt and efficient settlements. It also felt that dismissal of the appeal is constitutionally appropriate when the parties have agreed to a voluntary dismissal because there is no longer a justiciable case or controversy. Finally, the committee considered deleting the last sentence on fees and costs, but instead it opted to simply rework the sentence to read: “The stipulation must specify the terms of payment of costs and fees, if any.”
Subdivision (c). The proposed amendment provides an efficient way for an attorney who is unable to contact his or her client to obtain the necessary affidavit to support a motion for voluntary dismissal, while still protecting the appellant’s right to appeal. The proposal also requires the attorney to certify that he or she has reasonable grounds to believe that the appellant no longer wishes to pursue the appeal. The committee concluded that a certification from the attorney is appropriate because it safeguards the appellant’s right to an appeal, and it also avoids having the attorney reveal confidential communications with the client in an affidavit.
Subdivision (d). The current subdivision —“[a] suggestion of mootness or motion for voluntary dismissal shall be subject to the appellate court’s approval”— has been deleted for the same reasons mentioned in subdivision (b).

URAP055. Petition on appeal. Amend. Amended Rule 55 gives the court discretion to dismiss an untimely filed petition in a child welfare case, rather than requiring dismissal.

Supreme Court Order

Posted: August 16, 2007

Rules of Appellate Procedure

URAP 55. Petition on appeal. Amend. Specifically describes the format of a petition for appeal in child welfare matters. The amendments incorporate specific provisions from Rule 27. Effective Date: November 1, 2007.

Supreme Court Order.

Posted: February 14, 2007

Rules of Appellate Procedure

URAP 12. Transmission of the record. Amend. Creates a process for counsel in civil cases to check out the record from the trial court.
URAP 28A. Appellate Mediation Office. Amend. Restricts disclosure of all mediation communications and documents, except the written agreement.
URAP 30. Decision of the court: dismissal; notice of decision. Amend. States that copies of unpublished decisions need not be supplied, unless the decision was issued before October 1, 1998.
URAP 55. Petition on appeal. Amend. Clarifies that a colored cover isn’t used in child welfare appeals.
Supreme Court Order.

Posted: August 27, 2004

Utah Rules of Appellate Procedure

URAP 01. Scope of rules. Amend. Recognizes the new rules governing appeals in child welfare cases.
URAP 02. Suspension of rules. Amend. Adds a reference to two of the new child welfare rules.
URAP 52. Child Welfare Appeals. New. A notice of appeal must be filed within 15 days from the order to be appealed. Cross-appeals must be filed within 15 days.
URAP 53. Notice of Appeal. New. Describes the contents and service requirements of the notice of appeal.
URAP 54. Transcript of Proceedings. New. Any necessary transcripts must be requested within 4 days after an appeal is filed.
URAP 55. Petition on Appeal. New. The appellant must file a petition on appeal within 15 days from the notice of appeal. The rule describes the format and contents of the petition.
URAP 56. Response to Petition on Appeal. New. A response to the petition on appeal must be filed with 15 days.
URAP 57. Record on Appeal; transmission of record. New. Establishes what is considered to be the record on appeal and when it must be transmitted.
URAP 58. Ruling. New. The court will issue a ruling based on the record on appeal, the petition, and the response, or the court can order that the case be fully briefed.
URAP 59. Extensions of time. New. The rule describes the procedure and circumstances for extensions of time to file the appeal, the petition, or the response.

Posted: March 25, 2004

Rules of Appellate Procedure

The following Rules of Appellate Procedure have been adopted by the Supreme Court effective May 3, 2004 under the Court’s emergency rulemaking authority. CJA 11-101(4)(E). The rules are being published for comment, are subject to further change after the comment period, and are in effect during the comment period.
URAP 1. Scope of rules. Recognizes the new rules governing appeals in child welfare cases.
URAP 2. Suspension of rules. Adds a reference to two of the new child welfare rules.
URAP 52. Child Welfare Appeals. A notice of appeal must be filed within 15 days from the order to be appealed. Cross-appeals must be filed within 15 days.
URAP 53. Notice of Appeal. Describes the contents and service requirements of the notice of appeal.
URAP 54. Transcript of Proceedings. Any necessary transcripts must be requested within 4 days after an appeal is filed.
URAP 55. Petition on Appeal. The appellant must file a petition on appeal within 15 days from the notice of appeal. The rule describes the format and contents of the petition.
URAP 56. Response to Petition on Appeal. A response to the petition on appeal must be filed with 15 days.
URAP 57. Record on Appeal; transmission of record. Establishes what is considered to be the record on appeal and when it must be transmitted.
URAP 58. Ruling. The court will issue a ruling based on the record on appeal, the petition, and the response, or the court can order that the case be fully briefed.
URAP 59. Extensions of time. The rule describes the procedure and circumstances for extensions of time to file the appeal, the petition, or the response.