Utah Courts
URAP Rule 39 (Rules of Appellate Procedure)
URAP Rule 39 (Rules of Appellate Procedure)
Rule 39. Duties of the clerk.
(a) General provisions. The office of the Clerk of the Court, with the clerk or a deputy in attendance, shall be open during business hours on all days except Saturdays, Sundays and legal holidays.
(b) The docket; calendar; other records required. The clerk shall keep a record, known as the docket, in form and style as may be prescribed by the court, and shall enter therein each case. The number of each case shall be noted on the page of the docket whereon the first entry is made. All papers filed with the clerk and all process, orders and opinions shall be entered chronologically in the docket on the pages assigned to the case. Entries shall be brief but shall show the nature of each paper filed or decision or order entered and the date thereof. The clerk shall keep a suitable index of cases contained in the docket.
(c) Minute book. The clerk may keep a minute book, in which shall be entered a record of the daily proceedings of the court. The clerk shall prepare, under the direction of the Chief Justice of the Supreme Court or the Presiding Judge of the Court of Appeals, a calendar of cases awaiting argument.
(d) Notice of orders. Immediately upon the entry of an order or decision, the clerk shall serve a notice of entry by mail upon each party to the proceeding, together with a copy of any opinion respecting the order or decision. Service on a party represented by counsel shall be made upon counsel.
(e) Custody of records and papers. The clerk shall have custody of the records and papers of the court. The clerk shall not permit any original record or paper to be removed from the court, except as authorized by these rules or the orders or instructions of the court. Original papers transmitted as the record on appeal or review shall upon disposition of the case be returned to the court or agency from which they were received. The clerk shall preserve copies of briefs and attachments, as well as other printed papers filed.
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