Utah Courts
URAP Rule 20 (Rules of Appellate Procedure)
URAP Rule 20 (Rules of Appellate Procedure)
This Rule has been repealed.
This Rule was repealed on 5/1/2023.
Rule 20 Habeas Corpus proceedings. REPEALED.
Advisory Committee Note
The Utah Constitution enshrines the right to a writ of habeas corpus. UtahConst., art. I, sec. 5; art. VIII, sec. 3; art. VIII, sec. 5. The Appellate Rules Committee recommended repealing Rule 20 (Habeas Corpus Proceedings) because it was duplicative of Rule 19 (Extraordinary Relief) and potentially caused incarcerated individuals to forgo filing a petition under the Post-Conviction Remedies Act (Utah Code Title 78B, Chapter 9). The repeal is not intended to substantively affect a defendant’s right to a writ of habeas corpus. Rule 19 of the Utah Rules of Appellate Procedure and Rules 65B and 65C of the Utah Rules of Civil Procedure govern habeas corpus proceedings.
Adopted May 1, 2023