Utah Courts
URAP Rule 30 (Rules of Appellate Procedure)
URAP Rule 30 (Rules of Appellate Procedure)
Rule 30. Decision of the court; notice of decision.
(a) Decision in civil cases. The court may reverse, affirm, modify, or otherwise dispose of any appealed order or judgment. If the findings of fact in a case are incomplete, the court may order the trial court or agency to supplement, modify, or complete the findings to make them conform to the issues presented and the facts as found from the evidence and may direct the trial court or agency to enter judgment in accordance with the findings as revised. The court may also order a new trial or further proceedings to be conducted. If a new trial is granted, the court may pass upon and determine all questions of law involved in the case presented upon the appeal and necessary to the final determination of the case.
(b) Decision in criminal cases. If a judgment of conviction is reversed, a new trial will be held unless the court specifies otherwise. If a judgment of conviction or other order is affirmed or modified, the judgment or order affirmed or modified will be executed.
(c) Decision and opinion in writing. When a judgment, decree, or order is reversed, modified, or affirmed, the reasons will be stated concisely in writing and filed with the clerk. Any justice or judge concurring or dissenting may likewise give reasons in writing and file the same with the clerk. The clerk’s entry in the court’s records constitutes the entry of the judgment of the court.
(d) Form of decision. An appellate court’s decision may be entered by order, opinion, or per curiam decision. An order will not stand as precedent but will otherwise have the same force and effect as other court decisions.
(e) Entry and notice of decision. The entry of the decision in the court’s records constitutes the entry of the court’s judgment. Immediately upon entering the decision, the clerk must give notice to the respective parties and make the decision public in accordance with the court’s direction.
(1) If the court’s decision is by order, the appellate clerk will transmit the order to the parties and to the lower court or agency.
(2) If the court’s decision is by opinion or per curiam decision, the decision will be published on the courts’ website at utcourts.gov.
(f) Citation of decisions. Published decisions of the Supreme Court and the Court of Appeals, and unpublished decisions of the Court of Appeals issued between October 1, 1998 and December 31, 2010, may be cited as precedent in all courts of the State. Other unpublished decisions may also be cited, so long as all parties and the court are supplied with accurate copies at the time all such decisions are first cited.
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