Utah Courts
URAP Rule 42 (Rules of Appellate Procedure)
URAP Rule 42 (Rules of Appellate Procedure)
Rule 42. Transfer of case from Supreme Court to Court of Appeals.
(a) Discretion of Supreme Court to transfer. At any time before a case is set for oral argument before the Supreme Court, the Court may transfer to the Court of Appeals any case except those cases within the Supreme Court’s exclusive jurisdiction. The transfer order will be issued without opinion, written or oral, as to the merits of the appeal or the reasons for the transfer.
(b) Notice of intent to transfer. Before transferring a case to the Court of Appeals, the Supreme Court will issue a notice of intent to transfer.
(c) Retention requests. When the Supreme Court issues a notice of intent to transfer a case to the Court of Appeals, any party to the appeal may submit a letter to the Supreme Court requesting that the case be retained.
(1) A letter requesting retention must contain:
(A) The title of the action and the appellate case number;
(B) The names of all parties involved in the case and the attorneys and firms representing the parties;
(C) A concise statement of the issues to be presented on appeal;
(D) A brief explanation of the reasons supporting retention, including the considerations indicating a decision is likely to have significant precedential value as provided in Rule 46; and
(E) A completed checklist for appellate jurisdiction.
(2) The content of paragraphs (c)(1)(C) and (c)(1)(D) must not exceed five pages.
(3) The letter must be filed within ten days following issuance of the intent to transfer notice.
(4) Any response to a timely letter requesting retention must be filed within five days after service of the letter. The response may not exceed five pages.
(d) Notice of decision.
(1) If the Supreme Court grants a retention request, the Supreme Court clerk will provide notice of the order granting the request to the parties and to the trial court.
(2) If no timely retention request is received or if the Supreme Court declines a retention request, the Supreme Court clerk will provide notice of the transfer order to the parties and to the Court of Appeals.
(e) Court of Appeals’ receipt of transfer order. Upon receipt from the Supreme Court clerk of the transfer order, the Court of Appeals clerk will enter the appeal upon the Court of Appeals docket. The Court of Appeals clerk will immediately give notice to the parties and to the trial court clerk that the appeal has been docketed and that all further filings will be made with the Court of Appeals clerk.
(f) Transfer of appellate record. If the record on appeal was filed with the Supreme Court before a case was transferred to the Court of Appeals, the Supreme Court clerk will transfer the record to the Court of Appeals clerk within five days of the date of the entry of the transfer order.
(g) Subsequent proceedings before Court of Appeals. Upon receipt by the Court of Appeals clerk of a transfer order, the case will proceed before the Court of Appeals as in other appellate cases pursuant to these rules.
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