Utah Courts
URAP Rule 23 (Rules of Appellate Procedure)
URAP Rule 23 (Rules of Appellate Procedure)
Rule 23. Motions.
(a) Content of motion. Unless another form is elsewhere prescribed by these rules, an application for an order or other relief must be made by filing a motion for such order or relief with proof of service on all other parties. The motion must contain:
(1) a specific and clear statement of the relief sought;
(2) a particular statement of the factual grounds;
(3) a discussion of points and authorities in support (unless the motion is for an enlargement of time); and
(4) affidavits or declarations and documents, where appropriate.
(b) Response. Any party may file a response to a motion within 14 days after the motion is served; however, the court may, for good cause shown, dispense with, shorten, or extend the time for responding to any motion.
(c) Reply. The moving party may file a reply only to answer new matters raised in the response. A reply, if any, may be filed no later than 5 days after the response is served, but the court may rule on the motion without awaiting a reply.
(d) Determination of motions for procedural orders. Notwithstanding paragraph (a) as to motions generally, motions for procedural orders not substantially affecting the rights of the parties or the ultimate disposition of the appeal, including any motion under Rule 22(b), may be acted upon at any time, without awaiting a response or reply. Pursuant to rule or at the court’s direction, the clerk may dispose of motions for specified types of procedural orders. The court may review a clerk’s disposition upon a party’s motion or upon its own motion.
(e) Power of a single justice or judge to entertain motions. In addition to the authority expressly conferred by these rules or by law, a single justice or judge of the court may entertain and may grant or deny any request for relief that under these rules may properly be sought by motion, except that:
(1) a single justice or judge may not dismiss or otherwise determine an appeal or other proceeding;
(2) the court may provide by order or rule that any motion or class of motions must be acted upon by the court; and
(3) the action of a single justice or judge may be reviewed by the court.
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