Category: URAP057

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

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

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.

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.