Utah Courts
URAP Rule 27 (Rules of Appellate Procedure)
URAP Rule 27 (Rules of Appellate Procedure)
Rule 27. Form of briefs, motions, and other documents.
(a) Form of briefs, motions, and other documents. Except as otherwise provided in this rule or by leave of court, all briefs, motions, and other documents must comply with the following standards:
(1) Size, line spacing, and margins. All documents must be prepared on 8½ by 11 inch sized paper. The text must be double spaced, except for matter customarily single spaced and indented. Margins must be at least one inch on all sides. Page numbers are required and may appear in the margins.
(2) Typeface. The type must be a plain, roman style with serifs. Italics or boldface may be used for emphasis. Cited case names must be italicized or underlined.
(3) Typesize. The typeface must be 13-point or larger for both text and footnotes.
(b) Documents submitted by unrepresented parties. An unrepresented party who does not have access to a word-processing system must file typewritten or legibly handwritten briefs, motions, and other appellate documents. An unrepresented party must sign any document filed with the court. These documents must otherwise comply with the form requirements of this rule, and, if applicable, Rules 24 and 24A.
(c) Cover page for briefs on the merits and petitions.
(1) Caption. The cover of each brief or the first page of a petition must contain a caption that includes the following information:
(A) the number of the case in the appellate court (if available);
(B) the name of the appellate court;
(C) the full title given to the case in the court or agency from which the appeal is taken, as modified under Rule 3(g);
(D) the designation of the parties both as they appeared in the court or agency from which the appeal is taken and as they appear in the appellate proceeding;
(E) the title or description of the document (e.g., Brief of Appellant, Petition for Permission to File Interlocutory Appeal, Petition for Rehearing, Petition for Extraordinary Relief);
(F) the nature of the proceeding in the appellate court (e.g., Appeal, Petition for Review) if not apparent from the title or description of the document; and;
(G) the name of the court and judge, agency, or board from which the appeal is taken and the case or proceeding number.
(2) Counsel or unrepresented party information.The identifying and contact information of the counsel or unrepresented party filing the document must appear in the lower right corner of the cover page.
(A) Counsel’s information must include counsel’s:
(i) name;
(ii) Utah State Bar number;
(iii) mailing address;
(iv) email address;
(v) telephone number; and
(vi) a designation indicating the party counsel represents in the appeal (e.g., Counsel for Appellant, Petitioner, Appellee, or Respondent).
(B) An unrepresented party’s information must include the party’s:
(i) name;
(ii) mailing address;
(iii) email address (if any);
(iv) telephone number (if any); and
(v) a statement identifying the party’s designation in the appeal (e.g., Appellant, Petitioner, Appellee, or Respondent).
(d) Motions and appellate documents other than briefs and petitions.
1. Caption. The first page of a motion or appellate document other than a brief or petition must include a caption with the following information:
(A) the number of the case in the appellate court (if available);
(B) the name of the appellate court;
(C) the full title given to the case in the court or agency from which the appeal is taken, as modified underRule 3(g);
(D) the designation of the parties both as they appeared in the court or agency from which the appeal is taken and as they appear in the appellate proceeding; and
(E) the title or description of the document (e.g., Motion to Dismiss, Docketing Statement, Stipulation, Motion to Extend Time, Notice).
2. Counsel or unrepresented party information. The identifying and contact information of the counsel or unrepresented party filing the document must appear in the upper left corner of the first page.
(A) Counsel’s information must include counsel’s:
(i) name;
(ii) Utah State Bar number;
(iii) mailing address;
(iv) email address;
(v) telephone number; and
(vi) a designation indicating which party counsel represents in the appeal (e.g., Counsel for Appellant, Petitioner, Appellee, or Respondent).
(B) An unrepresented party’s information must include the party’s:
(i) name
(ii) mailing address;
(iii) email address (if any);
(iv) telephone number (if any); and
(v) a statement identifying the party’s designation in the appeal (e.g., Appellant, Petitioner, Appellee, or Respondent).
(e) Additional requirements for briefs on the merits.
(1) Form of submission.Hard copies of the briefs must be submitted on 20 lb. bond standard paper. Except for the cover page, briefs must be printed double sided. Briefs must not be stapled or bound along the left edge, but must be secured with a binder clip.
(2) Color of cover page. There must be adequate contrast between the printing and the color of the cover page. The color of the cover page must be as follows:
Document
Cover Page Color
Opening Brief of Appellant or Petitioner
Blue
Brief of Appellee or Respondent
Red
Brief of Intervenor, Guardian ad Litem, or Amicus Curiae
Green
Reply Brief
Gray
Appellant’s or Petitioner’s Second Brief in a Case Involving a Cross-Appeal or Cross-Petition
Gray
(3) Criminal appeals. In criminal cases, the cover of the defendant’s brief must also state whether the defendant is presently incarcerated in connection with the case on appeal and if the brief is an Anders brief. An Anders brief is a brief filed pursuant to Anders v. California, 386 U.S. 793 (1967), in cases where counsel believes no nonfrivolous appellate issues exist.
(4) Effect of noncompliance. The appellate court clerk will examine all briefs before filing. If a brief is not prepared in accordance with these rules, the clerk may lodge the brief and notify the party of the deficiency. The clerk will retain one copy of the noncomplying brief and, after the party is notified, the party must file a brief prepared in compliance with these rules within five days. The clerk may grant additional time for bringing a brief into compliance. This rule is not intended to permit significant substantive changes in briefs.
| Empty Table |
|---|