Utah Courts
URAP Rule 36 (Rules of Appellate Procedure)
URAP Rule 36 (Rules of Appellate Procedure)
Rule 36. Remittitur.
(a) Date of issuance.
(1) The Supreme Court will issue a remittitur 15 days after the judgment is entered. If a petition for rehearing is timely filed, the remittitur will issue five days after the order disposing of the petition is entered.
(2) The Court of Appeals will issue a remittitur immediately after the time for filing a petition for writ of certiorari expires. If a petition for writ of certiorari is timely filed, the Court of Appeals will automatically stay issuing the remittitur until the Supreme Court’s disposition on the petition for writ of certiorari. If the Supreme Court denies the petition, the Court of Appeals will issue its remittitur five days after the order denying the petition is entered. If the Supreme Court grants the petition, jurisdiction of the appeal will transfer to the Supreme Court, and the Court of Appeals will close its file and transfer the record on appeal, if any, to the Supreme Court.
(3) The time to issue the remittitur may be otherwise stayed, enlarged, or shortened by court order. The court’s opinion, any direction as to costs, and the record of the proceedings will constitute the remittitur.
(b) Stay, supersedeas, or injunction pending application for review to the Supreme Court of the United States. A stay or supersedeas of the remittitur or an injunction pending application for review to the United States Supreme Court may be granted on motion and for good cause. Any motion for a stay of the remittitur or for approval of a supersedeas bond or for an order suspending, modifying, restoring, or granting an injunction during the appeal must be filed in the Utah Supreme Court. Reasonable notice of the motion must be given to all parties. The period of the stay, supersedeas, or injunction will be for such time as the court orders, up to and including the final disposition of the application for review. A bond or other security on such terms as the court deems appropriate may be required as a condition to the grant or continuance of relief under this paragraph. If the stay, supersedeas, or injunction is granted until the final disposition of the application for review, the party seeking the review must, within the time permitted for seeking the review, file with the clerk of the court that entered the decision sought to be reviewed, the notice of appeal, petition for writ of certiorari, or other application for review, or must file a certificate that such application for review has been filed. Upon filing an order of the United States Supreme Court dismissing the appeal or denying the petition for a writ of certiorari, the remittitur will issue immediately.
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