Utah Courts

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Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

URAP Rule 46 (Rules of Appellate Procedure)


Rule 46. Considerations governing review of certiorari.
Rule printed on June 3, 2023 at 2:36 am. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2019

(a) Review by a writ of certiorari is not a matter of right, but of judicial discretion, and will be granted only for special and important reasons. The primary consideration is whether a decision on the question presented is likely to have significant precedential value. The possibility of an error in the Court of Appeals’ or another tribunal’s decision, without more, ordinarily will not justify review. The following, while neither controlling nor wholly measuring the Supreme Court's discretion, indicate the character of reasons that typically will be considered:

(1) The petition presents a question regarding the proper interpretation of, or ambiguity in, a constitutional provision, statute or rule that is likely to affect future cases;

(2) The petition presents a legal question of first impression in Utah that is likely to recur in future cases;

(3) The petition provides an opportunity to resolve confusion or inconsistency in a legal standard set forth in a decision of the Court of Appeals, or in a prior decision of the Supreme Court, that is likely to affect future cases; or

(4) The petition challenges a decision of the Court of Appeals with regard to a legal issue that has not been addressed by the Supreme Court and that is likely to recur in future cases.

(b) After a petition for certiorari has been filed, the panel that issued the opinion of the Court of Appeals may issue a minute entry recommending that the Supreme Court grant the petition. Parties shall not request such a recommendation by motion or otherwise.

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.

Page Last modified: 3/29/2022

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