Utah Courts
URAP Rule 26 (Rules of Appellate Procedure)
URAP Rule 26 (Rules of Appellate Procedure)
Rule 26. Filing and serving briefs.
(a) Time to file and serve briefs in cases not involving a cross-appeal.
(1) Appellant’s principal brief. The appellant must file and serve a principal brief within 40 days after date of notice from the appellate court clerk pursuant to Rule 13. If a motion for summary disposition of the appeal or a motion to remand for determination of ineffective assistance of counsel is filed after the Rule 13 briefing notice is sent, an appellant’s principal brief must be filed and served within 30 days from the denial of such motion.
(2) Appellee’s principal brief.The appellee must file and serve a principal brief within 30 days after service of the appellant’s principal brief.
(3) Appellant’s reply brief.The appellant may file a reply brief. If a reply brief is filed, it must be filed and served within 30 days after the filing and service of the appellee’s principal brief. If oral argument is scheduled fewer than 35 days after the filing of appellee’s principal brief, the reply brief must be filed at least five days before oral argument.
(b) Time to file and serve briefs in cases involving a cross-appeal.
(1) Appellant’s principal brief. The appellant must file and serve a principal brief within 40 days after date of notice from the appellate court clerk pursuant to Rule 13. If a motion for summary disposition of the appeal or a motion to remand for determination of ineffective assistance of counsel is filed after the Rule 13 briefing notice is sent, an appellant’s principal brief must be filed and served within 30 days from the denial of such motion.
(2) Cross-appellant’s principal brief. The cross-appellant must file and serve the cross-appellant’s principal brief as described in Rule 24A(c) within 30 days after service of the appellant’s principal brief.
(3) Appellant’s reply brief. The appellant must file and serve the appellant’s reply brief described in Rule 24A(d) within 30 days after service of the cross-appellant’s principal brief.
(4) Cross-appellant’s reply brief. The cross-appellant may file a reply brief as described in Rule 24A(e). If a reply brief is filed, it must be filed and served within 30 days after the filing and service of the appellant’s reply brief. If oral argument is scheduled fewer than 35 days after the filing of appellant’s reply brief, cross-appellant’s reply brief must be filed at least five days before oral argument.
(c) Extensions of time. A party may seek an extension of time for the filing of a brief as provided in Rule 22.
(d) Number of copies.
(1) Supreme Court. For matters pending in the Supreme Court, ten paper copies of each brief must be filed with the Supreme Court Clerk. One of the filed copies must contain an original signature unless the brief was filed electronically.
(2) Court of Appeals.For matters pending in the Court of Appeals, six paper copies of each brief must be filed with the Court of Appeals Clerk. One of the filed copies must contain an original signature unless the brief was filed electronically.
(3) Time to file copies of electronically filed briefs.If a brief was e-filed or filed by email, the required paper copies of the brief must be delivered to the clerk no more than seven days after filing.
(e) Consequence of failing to file principal briefs. If an appellant fails to file a principal brief within the time provided in this rule, or within the time as may be extended by order of the appellate court, an appellee may move for dismissal of the appeal. If an appellee fails to file a principal brief within the time provided by this rule, or within the time as may be extended by appellate court order, an appellant may move that the appellee not be heard at oral argument.
(f) Return of record to the clerk. If a party checks out the physical record from the appellate court clerk, then that party must return the physical record and all exhibits to the clerk when that party files its brief.
| Empty Table |
|---|