Utah Courts
URAP Rule 25A (Rules of Appellate Procedure)
URAP Rule 25A (Rules of Appellate Procedure)
Rule 25A. Challenging the constitutionality of a statute, ordinance, rule, or other administrative or legislative enactment.
(a) Notice to the Attorney General or other governmental entity; penalty for failure to give notice.
(1) When a party challenges the constitutionality of a statute in an appeal or petition for review in which the Attorney General has not appeared, every party must serve its principal brief and any subsequent brief on the Attorney General on or before the date the brief is filed.
(2) When a party challenges the constitutionality of a governmental entity’s ordinance, rule, or other administrative or legislative enactment in an appeal or petition for review in which the responsible governmental entity has not appeared, every party must serve its principal brief and any subsequent brief on the governmental entity on or before the date the brief is filed, and file proof of service with the court.
(3) If an appellee or cross-appellant is the first party to challenge the constitutionality of a statute, ordinance, rule, or other administrative or legislative enactment, the appellant must serve its principal brief on the Attorney General or other governmental entity no more than 7 days after receiving the appellee’s or the cross-appellant’s brief and must serve its reply brief on or before the date it is filed.
(4) When service on the Attorney General is necessary under these rules, every party must serve its brief on the Attorney General by email or, if circumstances prevent service by email, by mail at the addresses below, and file proof of service with the court.
Email: notices@agutah.gov
Mail:
Office of the Utah Attorney General
Attn: Utah Solicitor General
350 North State Street, Suite 230
P.O. Box 142320
Salt Lake City, Utah 84114-2320
(5) If a party does not serve a brief as required by this rule and supplemental briefing is ordered as a result of that failure, a court may order that party to pay the costs, expenses, and attorney fees of any other party resulting from that failure.
(b) Notice by the Attorney General or other governmental entity; amicus brief.
(1) When a party raises a constitutional challenge in an appeal in which the Attorney General or responsible governmental entity has not appeared, the Attorney General or other governmental entity must inform the appellate court whether it will file an amicus brief. When the appellant’s principal brief raises the constitutional challenge, the Attorney General or other governmental entity must file its notice within 14 days after service of the appellee’s principal brief. When the appellee’s or cross-appellant’s principal brief raises the constitutional challenge, the Attorney General or other governmental entity must file its notice within 14 days after service of the appellant’s or cross-appellant’s reply brief. The Attorney General or other governmental entity may seek up to an additional 7 days’ extension of time to file its notice.
(2) If the Attorney General or other governmental entity declines to file an amicus brief, the briefing schedule is not affected.
(3) If the Attorney General or other governmental entity intends to file an amicus brief, that brief is due 30 days after the notice of intent is filed. The Attorney General or other governmental entity may move to extend that time as provided under Rule 22. The filing of a notice of intent to file an amicus brief vacates the briefing schedule established under Rule 13 and the next brief of a party, if the rules allow for a next brief, is due 30 days after the amicus brief is served. If the rules do not allow the party that raised the constitutional challenge to file an additional brief without leave of the court after that party receives the amicus brief, that party may move for permission to file a supplemental brief. If leave is granted, the court will state the length of, and due date for, the supplemental brief. The supplemental brief must be limited to responding to the arguments raised in the amicus brief and comply with all other requirements of rule 24(b). On its own motion, the court may order additional supplemental briefing.
(c) Call for the views of the Attorney General or other governmental entity. Any time a party challenges the constitutionality of a statute, ordinance, rule, or other administrative or legislative enactment, the appellate court may call for the views of the Attorney General or other governmental entity and set a schedule for filing an amicus brief and supplemental briefs by the parties, if any.
(d) Participation in oral argument. If the Attorney General or other governmental entity files an amicus brief, the Attorney General or other governmental entity will be permitted to participate at oral argument by timely declaring an intent to participate on the court’s oral argument acknowledgment form.
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