Introductory Note Of Supreme Court Advisory Committee On Appellate Rules.
The following Utah Rules of Appellate Procedure are applicable in appeals and other proceedings in both the Supreme Court and the Court of Appeals. Effective April 1, 1990, these rules replace both the Rules of the Utah Supreme Court and the Rules of the Utah Court of Appeals.
The Advisory Committee on Appellate Rules recommended and the Supreme Court approved consolidating the Rules of the Utah Supreme Court and the Rules of the Utah Court of Appeals into a single set of rules now called the Utah Rules of Appellate Procedure. Consolidation of the rules is intended to maintain similarity of practice before the two appellate courts where similarity is appropriate and to make dissimilarities immediately apparent. Consolidation is intended as an aid to the practitioner, who formerly had to be familiar with two sets of rules. With consolidation, Utah joins the majority of states with one set of rules for two appellate courts.
Some of the changes from the former rules include the following:
- Former Rules 4A, 4B, and 4C have been moved to new title VI together with Rule 41 and govern the transfer of cases between courts.
- The order of entries in the docketing statement has been modified. The docketing statement and brief now require that the appellant state the standard of review and supporting authority applicable to each issue on review.
- A court reporter must make a showing of good cause when requesting an extension of time for preparing a transcript.
- The priority of cases for argument has been modified and included as part of Rule 29, rather than as an administrative order of the Supreme Court.
- Definitions and procedures for the purpose of sanctions for delay and frivolous appeals have been added.
- Gender specific pronouns have been removed.
- Sample forms and checklists have been included for some of the more common appellate steps.
Notes drafted by the Advisory Committee further explain many of these changes. The committee's notes, although not adopted as part of the rules by the Supreme Court, may be used as a guide for the practitioner.
Peter W. Billings, Jr.
Chair, Advisory Committee on Appellate Rules