Utah Courts
URAP Rule 23C (Rules of Appellate Procedure)
URAP Rule 23C (Rules of Appellate Procedure)
Rule 23C. Motion for emergency relief.
(a) Emergency relief; exception. Emergency relief is any relief sought within a time period shorter than specified by otherwise applicable rules. A motion for emergency relief filed under this Rule is not sufficient to invoke the jurisdiction of the appellate court. No emergency relief will be granted in the absence of a separately filed petition or notice that invokes the appellate jurisdiction of the court.
(b) Content of motion. A party seeking emergency relief shall file with the appellate court a motion for emergency relief containing under appropriate headings and in the order indicated:
(1) a specification of the order from which relief is sought;
(2) a copy of any written order at issue;
(3) a specific and clear statement of the relief sought;
(4) a statement of the factual and legal grounds entitling the party to relief;
(5) a statement of the facts justifying emergency action; and
(6) a certificate that all papers filed with the court have been served upon all parties by overnight mail, hand delivery, facsimile, or electronic transmission.
The motion shall not exceed 15 pages, exclusive of any addendum containing statutes, rules, regulations, or portions of the record necessary to decide the matter. It also shall not seek relief beyond that necessitated by the emergency circumstances justifying the motion.
(c) Service in criminal and juvenile delinquency cases. Any motion filed by a defendant in a criminal case originally charged as a felony or by a juvenile in a delinquency proceeding shall be served on the Appeals Division of the Office of the Utah Attorney General.
(d) Response; no reply. Any party may file a response to the motion within three days after service of the motion or whatever shorter time the appellate court may fix. The response shall not exceed 15 pages, exclusive of any addendum containing statutes, rules, regulations, or portions of the record necessary to decide the matter. No reply shall be permitted. Unless the appellate court is persuaded that an emergency circumstance justifies and requires a temporary stay of a lower tribunal’s proceedings prior to the opportunity to receive or review a response, no motion shall be granted before the response period expires.
(e) Form of papers. Papers filed pursuant to this rule shall comply with the requirements of Rule 27.
(f) Hearing. A hearing on the motion will be granted only in exceptional circumstances. No motion for emergency relief will be heard without the presence of an adverse party except on a showing that the party (1) was served with reasonable notice of the hearing, and (2) cannot be reached by telephone.
(g) Power of a single justice or judge to entertain motions. A single justice or judge may act upon a motion for emergency relief to the extent permitted by Rule 19 where extraordinary relief is sought, and by Rule 23(e) in all other cases.