Utah Courts
URAP Rule 43 (Rules of Appellate Procedure)
URAP Rule 43 (Rules of Appellate Procedure)
Rule 43. Certification by the Court of Appeals to the Supreme Court.
(a) Transfer. In any case over which the Court of Appeals has original appellate jurisdiction, the court may, upon the affirmative vote of at least four judges of the court, certify a case for immediate transfer to the Supreme Court for determination.
(b) Procedure for transfer.
(1) The Court of Appeals may, on its own motion, decide whether a case should be certified. Any party to a case may, however, file a suggestion for certification not exceeding five pages, explaining why the party believes that the case should be certified. The suggestion may not be filed before a docketing statement is filed. Within 14 days of service, an adverse party may file and serve a statement not exceeding five pages either supporting or opposing the suggestion for certification.
(2) Upon entering the certification order, the Court of Appeals Clerk must immediately transfer the case, including the record and file of the case from the trial court, all papers filed in the Court of Appeals, and a written statement of all docket entries in the case up to and including the certification order, to the Supreme Court Clerk. The Court of Appeals Clerk must promptly notify all parties and the trial court clerk that the case has been transferred.
(3) Upon receiving the certification order, the Supreme Court Clerk must enter the appeal on the Supreme Court’s docket. The Supreme Court Clerk must immediately send notices to all parties and to the trial court clerk that the case has been docketed and that all further filings will be made with the Supreme Court Clerk. The notice must state the docket number assigned to the case in the Supreme Court. The case will proceed before the Supreme Court to final decision and disposition as in other appellate cases under these rules.
(4) If the record on appeal has not been filed with the Court of Appeals Clerk as of the date of the certification order, the Court of Appeals Clerk must notify the trial court clerk that upon completing the conditions for filing the record by that court, the clerk must transmit the record on appeal to the Supreme Court Clerk. If, however, the record on appeal has already been transmitted to and filed with the Court of Appeals Clerk as of the date the certification order is entered, the Court of Appeals Clerk must transmit the record on appeal to the Supreme Court Clerk within five days after the certification order is entered.
(c) Criteria for transfer. The Court of Appeals must consider certification only in the following cases:
(1) Cases where it is apparent that the case should be decided by the Supreme Court and that the Supreme Court would likely grant a petition for a writ of certiorari in the case if decided by the Court of Appeals, irrespective of how the Court of Appeals might rule; and
(2) Cases that will govern a number of other cases involving the same legal issue or issues pending in the district courts, juvenile courts, or the Court of Appeals, or cases of first impression under state or federal law that will have wide applicability.
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