Rules of Appellate Procedure

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Rule 1. Scope of rules.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2015

(a) Applicability of rules. These rules govern the procedure before the Supreme Court and the Court of Appeals of Utah in all cases. Applicability of these rules to the review of decisions or orders of administrative agencies is governed by Rule 18. When these rules provide for a motion or application to be made in a trial court or an administrative agency, commission, or board, the procedure for making such motion or application shall be governed by the Utah Rules of Civil Procedure, Utah Rules of Criminal Procedure, and the rules of practice of the trial court, administrative agency, commission, or board.

(b) Reference to "court." Except as provided in Rule 43, when these rules refer to a decision or action by the court, the reference shall include a panel of the court. The term "trial court" means the court or administrative agency, commission, or board from which the appeal is taken or whose ruling is under review. The term "appellate court" means the court to which the appeal is taken.

(c) Procedure established by statute. If a procedure is provided by state statute as to the appeal or review of an order of an administrative agency, commission, board, or officer of the state which is inconsistent with one or more of these rules, the statute shall govern. In other respects, these rules shall apply to such appeals or reviews.

(d) Rules not to affect jurisdiction. These rules shall not be construed to extend or limit the jurisdiction of the Supreme Court or Court of Appeals as established by law.

(e) Title. These rules shall be known as the Utah Rules of Appellate Procedure and abbreviated Utah R. App. P.

(f) Rules for appeals in child welfare proceedings. Appeals taken from juvenile court orders related to abuse, neglect, dependency, termination, and adoption proceedings are governed by Rules 52 through 59, except for orders related to substantiation proceedings under Section 78-3a-320. Rules 9 and 23B do not apply. Due to the summary nature of child welfare appeals, Rule 10(a)(2)(A) does not apply. Other appellate rules apply if not inconsistent with Rules 52 through 59.

 

 

Rule 2. Suspension of rules.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2016

In the interest of expediting a decision, the appellate court, on its own motion or for extraordinary cause shown, may, except as to the jurisdictional provisions of Rules 4(a)4(b)4(e)5(a)14(a)4852, and 59, suspend the requirements or provisions of any of these rules in a particular case and may order proceedings in that case in accordance with its direction.


Advisory Committee Note

The rules that the appellate court may not suspend concern procedures and time limits that confer jurisdiction on the court. Rule 4(b) lists the post‑judgment motions that must be filed in a timely manner in the trial court.

Adopted 2020

 

 

Rule 3. Appeal as of right - how taken.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2020

(a) Filing the notice of appeal.

(1) Except as otherwise provided by law, a party may appeal a final order or judgment from a district or juvenile court to the appellate court by filing a notice of appeal with the trial court clerk within the time allowed by Rule 4.

(2) An appellant's failure to take any step other than timely filing a notice of appeal does not affect the validity of the appeal, but is ground only for the appellate court to act as it considers appropriate, including dismissing the appeal or other sanctions short of dismissal, and awarding attorney fees.

(b) Joint or consolidated appeals. If two or more parties are entitled to appeal from a judgment or order and their interests are such as to make joinder practicable, they may file a joint notice of appeal or may join in an appeal of another party after filing separate timely notices of appeal. Joint appeals may proceed as a single appeal with a single appellant. Individual appeals may be consolidated by order of the appellate court upon its own motion or upon motion of a party, or by stipulation of the parties to the separate appeals.

(c) Party Designation. The party taking the appeal is known as the appellant and the adverse party as the appellee. Unless otherwise directed by the appellate court, the appeal will not change the title of the action or proceeding. For original proceedings in the appellate court, the party making the original application is known as the petitioner and any other party as the respondent.

(d) Notice of appeal contents. The notice of appeal must:

(1) specify the party or parties taking the appeal;

(2) designate the judgment, order, or part thereof being appealed;

(3) name the court from which the appeal is taken; and

(4) name the court to which the appeal is taken.

(e) Serving the notice of appeal. The appellant must serve the notice of appeal on each party to the judgment or order in accordance with the requirements of the court from which the appeal is taken. If counsel of record is served, the certificate of service must include the name of the party represented by that counsel.

(f) Filing fee in civil appeals. When filing any notice of separate, joint, or cross appeal in a civil case, the party taking the appeal or cross appeal must pay the filing fee established by law to the trial court clerk. The trial court clerk must accept a notice of appeal regardless of whether the filing fee has been paid. Failure to pay the filing fee within a reasonable time may result in dismissal.

(g) Docketing of appeal.

(1) Transmitting notice of appeal to the appellate court. After an appellant files the notice of appeal, the trial court clerk must immediately email a copy of the notice of appeal to the appellate court clerk. The email will include:

(A) the date the notice of appeal was filed, and

(B) the clerk's statement declaring whether the filing fee was paid and whether the cost bond required by Rule 6 was filed.

(2) Docketing the appeal. Upon receiving the copy of the notice of appeal from the trial court clerk, the appellate court clerk will enter the appeal on the docket. An appeal will be docketed under the title given to the action in the trial court, with the appellant identified as such, but if the title does not contain the name of the appellant, such name will be added to the title.

 

 

Rule 4. Appeal as of right: when taken.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/3/2023
Approved language changes effective on: 5/1/2024
View approved amendments for this rule
View all approved rule amendments

(a) Appeal as of right. Except as provided in paragraph (a)(1) or (a)(2), in a case in which an appeal is permitted as a matter of right from the trial court to the appellate court, the notice of appeal required by Rule 3 must be filed with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from.

(1) When a judgment or order is entered in a statutory forcible entry or unlawful detainer action, the notice of appeal required by Rule 3 must be filed with the clerk of the trial court within 10 days after the date of entry of the judgment or order appealed from.

(2) When an order is entered denying, in whole or in part, a motion to dismiss under Utah Code section 78B-25-103, the notice of appeal must be filed with the clerk of the trial court within 21 days after the date of entry of the order appealed from.

(b) Time for appeal extended by certain motions.

(1) If a party timely files in the trial court any of the following, the time for all parties to appeal from the judgment runs from the entry of the dispositive order:

(A) A motion for judgment under Rule 50(b) of the Utah Rules of Civil Procedure;

(B) A motion to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted, under Rule 52(b) of the Utah Rules of Civil Procedure;

(C) A motion to alter or amend the judgment under Rule 59 of the Utah Rules of Civil Procedure;

(D) A motion for a new trial under Rule 59 of the Utah Rules of Civil Procedure;

(E) A motion for relief under Rule 60(b) of the Utah Rules of Civil Procedure if the motion is filed no later than 28 days after the judgment is entered;

(F) A motion or claim for attorney fees under Rule 73 of the Utah Rules of Civil Procedure; or

(G) A motion for a new trial under Rule 24 of the Utah Rules of Criminal Procedure.

(2) A notice of appeal filed after announcement or entry of judgment, but before entry of an order disposing of any motion listed in paragraph (b), shall be treated as filed after entry of the order and on the day thereof, except that such a notice of appeal is effective to appeal only from the underlying judgment. To appeal from a final order disposing of any motion listed in paragraph (b), a party must file a notice of appeal or an amended notice of appeal within the prescribed time measured from the entry of the order.

(c) Filing prior to entry of judgment or order. A notice of appeal filed after the announcement of a decision, judgment, or order but before entry of the judgment or order shall be treated as filed after such entry and on the day thereof.

(d) Additional or cross-appeal. If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 14 days after the date on which the first notice of appeal was filed, or within the time otherwise prescribed by paragraphs (a) and (b) of this rule, whichever period last expires.

(e) Motion for extension of time.

(1) The trial court, upon a showing of good cause, may extend the time for filing a notice of appeal upon motion filed before the expiration of the time prescribed by paragraphs (a) and (b) of this rule. Responses to such motions for an extension of time are disfavored and the court may rule at any time after the filing of the motion. No extension shall exceed 30 days beyond the prescribed time or 14 days beyond the date of entry of the order granting the motion, whichever occurs later.

(2) The trial court, upon a showing of good cause or excusable neglect, may extend the time for filing a notice of appeal upon motion filed not later than 30 days after the expiration of the time prescribed by paragraphs (a) and (b) of this rule. The court may rule at any time after the filing of the motion. That a movant did not file a notice of appeal to which paragraph (c) would apply is not relevant to the determination of good cause or excusable neglect. No extension shall exceed 30 days beyond the prescribed time or 14 days beyond the date of entry of the order granting the motion, whichever occurs later.

(f) Motion to reinstate period for filing a direct appeal in criminal cases. Upon a showing that a criminal defendant was deprived of the right to appeal, the trial court shall reinstate the thirty-day period for filing a direct appeal. A defendant seeking such reinstatement shall file a written motion in the sentencing court and serve the prosecuting entity. If the defendant is not represented and is indigent, the court shall appoint counsel. The prosecutor shall have 30 days after service of the motion to file a written response. If the prosecutor opposes the motion, the trial court shall set a hearing at which the parties may present evidence. If the trial court finds by a preponderance of the evidence that the defendant has demonstrated that the defendant was deprived of the right to appeal, it shall enter an order reinstating the time for appeal. The defendant's notice of appeal must be filed with the clerk of the trial court within 30 days after the date of entry of the order.

(g) Motion to reinstate period for filing a direct appeal in civil cases.

(1) The trial court shall reinstate the thirty-day period for filing a direct appeal if the trial court finds by a preponderance of the evidence that:

(A) The party seeking to appeal lacked actual notice of the entry of judgment at a time that would have allowed the party to file a timely motion under paragraph (e) of this rule;

(B) The party seeking to appeal exercised reasonable diligence in monitoring the proceedings; and

(C) The party, if any, responsible for serving the judgment under Rule 58A(d) of the Utah Rules of Civil Procedure did not promptly serve a copy of the signed judgment on the party seeking to appeal.

(2) A party seeking such reinstatement shall file a written motion in the trial court within one year from the entry of judgment. The party shall comply with Rule 7 of the Utah Rules of Civil Procedure and shall serve each of the parties in accordance with Rule 5 of the Utah Rules of Civil Procedure.

(3) If the trial court enters an order reinstating the time for filing a direct appeal, a notice of appeal must be filed within 30 days after the date of entry of the order.


 

 

Rule 5. Discretionary appeals from interlocutory orders.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2023

(a) Petition for permission to appeal. Any party may seek an appeal from an interlocutory order by filing a petition for permission to appeal from the interlocutory order with the appellate court with jurisdiction over the case. The petition must be filed and served on all other parties to the action within 21 days after the entry of the trial court’s order. If the trial court enters an order on a Saturday, Sunday, or legal holiday, the date of entry will be deemed to be the first day following the trial court’s entry that is not a Saturday, Sunday, or legal holiday. A timely appeal from an order certified under Rule 54(b), Utah Rules of Civil Procedure, that the appellate court determines is not final may, in the appellate court’s discretion, be considered by the appellate court as a petition for permission to appeal an interlocutory order. The appellate court may direct the appellant to file a petition that conforms to the requirements of paragraph (c) of this rule.

(b) Fees and filing of petition. The petitioner must file the petition with the appellate court clerk and pay the fee required by statute within seven days of filing. The petitioner must serve the petition on the opposing party and notice of the filing of the petition on the trial court. If the appellate court issues an order granting permission to appeal, the appellate court clerk will immediately give notice of the order to the respective parties and will transmit the order to the trial court where the order will be filed instead of a notice of appeal.

(c) Content of petition.

(1) The petition must contain:

(A) A concise statement of facts material to a consideration of the issue presented and the order sought to be reviewed;

(B) The issue presented expressed in the terms and circumstances of the case but without unnecessary detail, and a demonstration that the issue was preserved in the trial court. Petitioner must state the applicable standard of appellate review and cite supporting authority;

(C) A statement of the reasons why an immediate interlocutory appeal should be permitted, including a concise analysis of the statutes, rules or cases believed to be determinative of the issue stated; and

(D) A statement of the reason why the appeal may materially advance the termination of the litigation.

(2) If the petition is subject to assignment by the Supreme Court to the Court of Appeals, the phrase “Subject to assignment to the Court of Appeals” must appear immediately under the title of the document, i.e. Petition for Permission to Appeal. Petitioner may then set forth in the petition a concise statement why the Supreme Court should decide the case.

(3) The petitioner must attach a copy of the trial court’s order from which an appeal is sought and any related findings of fact and conclusions of law and opinion. Other documents that may be relevant to determining whether to grant permission to appeal may be referenced by identifying trial court docket entries of the documents.

(d) Page limitation. A petition for permission to appeal must not exceed 20 pages, excluding table of contents, if any, and the addenda.

(e) Service in criminal and juvenile delinquency cases. Any petition filed by a defendant in a criminal case originally charged as a felony or by a juvenile in a delinquency proceeding must be served on the Criminal Appeals Division of the Office of the Utah Attorney General.

(f) Response; no reply. No petition will be granted in the absence of a request by the court for a response. No response to a petition for permission to appeal will be received unless requested by the court. Within 14 days after an order requesting a response, any other party may oppose or concur with the petition. Any response to a petition for permission to appeal is subject to the same page limitation set out in paragraph (d) and must be filed in the appellate court. The respondent must serve the response on the petitioner. The petition and any response will be submitted without oral argument unless otherwise ordered. No reply in support of a petition for permission to appeal will be permitted unless requested by the court.

(g) Grant of permission. An appeal from an interlocutory order may be granted only if it appears that the order involves substantial rights and may materially affect the final decision or that a determination of the correctness of the order before final judgment will better serve the administration and interests of justice. The order permitting the appeal may set forth the particular issue or point of law that will be considered and may be on such terms, including requiring a bond for costs and damages, as the appellate court may determine. The appellate court clerk will immediately give the parties and trial court notice of any order granting or denying the petition. If the petition is granted, the appeal will be deemed to have been filed and docketed by the granting of the petition. All proceedings after the petition is granted will be as and within the time required, for appeals from final judgments except that no docketing statement under Rule 9 is required unless the court otherwise orders, and no cross-appeal may be filed under Rule 4(d).

(h) Stays pending interlocutory review. The appellate court will not consider an application for a stay pending disposition of an interlocutory appeal until the petitioner has filed a petition for interlocutory appeal.

(i) Cross-petitions not permitted. A cross-petition for permission to appeal a non-final order is not permitted by this rule. All parties seeking to appeal from an interlocutory order must comply with paragraph (a) of this rule.

(j)RecordIf the petition is granted, the trial court will prepare and transmit the record under Rule 11 or 12. Any transcript(s) must be ordered in compliance with Rule 11.

 

 

Rule 6. Bond for costs on appeal.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2012

Except in a criminal case, at the time of filing the notice of appeal, the appellant shall file with the notice a bond for costs on appeal, unless the bond is waived in writing by the adverse party, or unless an affidavit as provided for in Utah Code Section 78A-2-302 is filed. The bond shall be in the sum of at least $300.00 or such greater amount as the trial court may order on motion of the appellee to ensure payment of costs on appeal. No separate bond for costs on appeal is required when a supersedeas bond is filed. The bond on appeal shall be with sufficient sureties and shall be conditioned to secure payment of costs if the appeal is dismissed or the judgment affirmed, or of such costs as the appellate court may award if the judgment is modified. The adverse party may except to the sufficiency of the sureties in accordance with the provisions of Rule 62, Utah Rules of Civil Procedure.


 

 

Rule 7. Security: proceedings against sureties.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2011

Whenever these rules require or permit the giving of security by a party, and security is given in the form of a bond or stipulation or other undertaking with one or more sureties, each surety must consent therein to the exercise of personal jurisdiction by the trial court and must irrevocably appoint the clerk of that court as an agent upon whom any papers affecting liability on the bond or undertaking may be served. The sureties' liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the trial court prescribes may be served on the clerk of the trial court, who shall forthwith mail copies to the sureties if their addresses are known.

 

 

Rule 8. Stay or injunction pending appeal.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2023

(a) Motion for stay.

(1) Initial motion in the trial court. A party must ordinarily move first in the trial court for the following relief:

(A) a stay of the judgment or order without security pending appeal or disposition of a petition under Rule 5;

(B) approval of a bond or other security provided to obtain a stay of the judgment or order; or

(C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending, unless the trial court has already rejected the basis for the requested relief.

(2) Motion in the appellate court.

(A) The motion for a stay must include:

(i) the reasons the trial court denied the request;

(ii) the reasons for granting the relief requested and the facts relied on;

(iii) copies of affidavits or declarations, supporting facts subject to dispute; and

(iv) relevant parts of the record, including a copy of the trial court’s order.

(B) Any motion must comply with Rule 23.

(C) Except in extraordinary circumstances, an appellate court will not act on a motion to stay a judgment or order or to suspend, modify, restore, or grant an injunction, unless the movant first requested a stay or opposed the injunction in the trial court.

(3) Stays in criminal cases. Stays pending appeal in criminal cases in which the defendant has been sentenced are governed by Utah Code section 77-20-302 and Rule 27 of the Utah Rules of Criminal Procedure. Stays in other criminal cases are governed by this rule.

(b) Bond requirement.

(1) Stay ordinarily conditioned upon giving a bond. For requests to stay enforcement of a judgment or order to pay money to which Rule 62 of the Utah Rules of Civil Procedure applied in the trial court, relief available pending appeal will be conditioned upon giving a bond or other appropriate security in the trial court, unless there is no reasonable means of quantifying the security in monetary or other terms and the conditions of paragraph (b)(2) are met.

(2) Stay in cases not conditioned on giving a bond. Ordinarily a stay without a bond or other security will not be granted unless the movant demonstrates a likelihood of success on the merits or the case presents serious issues on the merits warranting appellate review and the appellant demonstrates:

(A) a likelihood of irreparable harm to the movant outweighing the harm to any other party and the stay would not be adverse to the public interest; or

(B) an extraordinary circumstance that justifies issuing a stay.

(c) Injunctions. For requests for injunctive relief to which Rules 65A or 62 of the Utah Rules of Civil Procedure applied in the trial court, any relief available pending appeal is governed by those rules.


Advisory Committee Note

“Declaration” refers to an unsworn declaration as described in Title 78B, Chapter 18a, Uniform Unsworn Declarations Act.

Adopted 2022

 

 

Rule 9. Docketing statement.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2020

(a) Purpose. A docketing statement has two principal purposes: (1) to demonstrate that the appellate court has jurisdiction over the appeal, and (2) to identify at least one substantial issue for review. The docketing statement is a document used for jurisdictional and screening purposes. It should not include argument.

(b) Time for filing. Within 21 days after a notice of appeal, cross-appeal, or a petition for review of an administrative order is filed, the appellant, cross-appellant, or petitioner must file the docketing statement with the appellate court clerk and serve the docketing statement with any required attachments on all parties. The Utah Attorney General must be served in any appeal arising from a crime charged as a felony or a juvenile court proceeding.

(c) Content of docketing statement in a civil case. The docketing statement in an appeal arising from a civil case must include:

(1) A concise statement of the nature of the proceeding and the effect of the order appealed, and the district court case number, e.g., “This appeal is from a final judgment of the First District Court granting summary judgment in case number 001900055.”

(2) The following dates relevant to a determination of the appeal’s timeliness and the appellate court’s jurisdiction:

(A) The date the final judgment or order from which the appeal is taken is entered.

(B) The date the notice of appeal was filed in the trial court.

(C) If the notice of appeal was filed after receiving a time extension under Rule 4(e), the date the motion for an extension was granted.

(D) If any motions listed in Rule 4(b) were filed, the date such motion was filed in the trial court and the date any order disposing of such motion was entered.

(E) If the appellant is an inmate confined in an institution and is invoking Rule 21(f), the date the notice of appeal was deposited in the institution’s internal mail system.

(F) If a motion to reinstate the time to appeal was filed under Rule 4(g), the date the order disposing of such motion was entered.

(3) If the appeal is taken from an order certified as final under Rule 54(b) of the Utah Rules of Civil Procedure, a statement of what claims and parties remain for adjudication before the trial court.

(4) A statement of at least one substantial issue appellant intends to assert on appeal. An issue not raised in the docketing statement may nevertheless be raised in appellant’s brief; conversely, an issue raised in the docketing statement does not have to be included in the appellant’s brief.

(5) A concise summary of the facts necessary to provide context for the issues presented.

(6) A reference to all related or prior appeals in the case, with case numbers and citations.

(d) Content of a docketing statement in a criminal case. The docketing statement in an appeal arising from a criminal case must include:

(1) A concise statement of the nature of the proceeding, including the highest degree of any of the charges in the trial court, and the district court case number, e.g., “This appeal is from a judgment of conviction and sentence of the Third District Court on a third degree felony charge in case number 001900055.”

(2) The following dates relevant to a determination of the appeal’s timeliness and the appellate court’s jurisdiction:

(A) The date the final judgment or order from which the appeal is taken is entered.

(B) The date the notice of appeal was filed in the district court.

(C) If the notice of appeal was filed after receiving a time extension under rule 4(e), the date the motion for an extension was granted.

(D) If a motion under Rule 24 of the Utah Rules of Criminal Procedure was filed, the date such motion was filed in the trial court and the date any order disposing of such motion was entered.

(E) If a motion to reinstate the time to appeal was filed under Rule 4(f), the date the order disposing of such motion was entered.

(F) If the appellant is an inmate confined to an institution and is invoking Rule 21(f), the date the notice of appeal was deposited in the institution’s internal mail system.

(3) The charges of which the defendant was convicted, and any sentence imposed; or, if the defendant was not convicted, the dismissed or pending charges.

(4) A statement of at least one substantial issue appellant intends to assert on appeal. An issue not raised in the docketing statement may nevertheless be raised in appellant’s brief; conversely, an issue raised in the docketing statement does not have to be included in appellant’s brief.

(5) A concise summary of the facts necessary to provide context for the issues presented. If the conviction was pursuant to a plea, the statement of facts should include whether a motion to withdraw the plea was made before sentencing, and whether the plea was conditional.

(6) A reference to all related or prior appeals in the case, with case numbers and citations.

(e) Content of a docketing statement in a review of an administrative order. The docketing statement in a case arising from an administrative proceeding must include:

(1) A concise statement of the nature of the proceedings and the effect of the order appealed, e.g., “This petition is from an order of the Workforce Appeals Board denying reconsideration of the denial of benefits.”

(2) The statutory provision that confers jurisdiction on the appellate court.

(3) The following dates relevant to a determination of the timeliness of the petition for review:

(A) The date the final order from which the petition for review is filed.

(B) The date the petition for review was filed.

(4) A statement of at least one substantial issue petitioner intends to assert on review. An issue not raised in the docketing statement may nevertheless be raised in petitioner’s brief; conversely, an issue raised in the docketing statement does not have to be included in petitioner’s brief.

(5) A concise summary of the facts necessary to provide context for the issues presented.

(6) If applicable, a reference to all related or prior petitions for review in the same case.

(7) The following documents must be attached to the docketing statement:

(A) The final order from which the petition for review is filed.

(B) In appeals arising from an order of the Public Service Commission, any application for rehearing filed pursuant to Utah Code section 54-7-15.

(f) Consequences of failure to comply. In a civil appeal, failure to file a docketing statement within the time period provided in subsection (b) may result in dismissal of a civil appeal or a petition for review. In a criminal case, failure to file a docketing statement within the time period provided in subsection (b) may result in a finding of contempt or other sanction.

(g) Appeals from interlocutory orders. When a petition for permission to appeal from an interlocutory order is granted under Rule 5, a docketing statement may not be filed unless otherwise ordered.

 

 

Rule 10. Procedures for summary disposition or simplified appeal process.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2022

(a) Time for filing; grounds for motion for summary disposition.

(a)(1) A party may move at any time to dismiss the appeal or the petition for review on the basis that the appellate court lacks jurisdiction. Any response to such motion must be filed within 14 days from the date of service.

(a)(2) After a docketing statement has been filed, the court, on its own motion, and on such notice as it directs, may dismiss an appeal or petition for review if the court lacks jurisdiction; or may summarily affirm the judgment or order that is the subject of review, if it plainly appears that no substantial question is presented; or may summarily reverse in cases of manifest error.

(a)(3) The time for taking other steps in the appellate process is suspended pending disposition of a motion for summary affirmance, reversal, or dismissal.

(a)(4) As to any issue raised by a motion for summary disposition, the court may defer its ruling until plenary presentation and consideration of the case.

(b) Simplified appeal process; eligible appeals.

(b)(1) For appeals involving the application of well-settled law to a set of facts, the court may designate an appeal for a simplified appeal process. An appellant in a case pending before the Court of Appeals may move for a simplified appeal process under this subsection within 10 days after the docketing statement is filed or the case is transferred to the court of appeals, whichever is later.

(b)(2) Appeals eligible for a simplified process are those involving the application of well-settled law to a set of facts, which may include, but are not limited to, cases in the following categories:

(b)(2)(A) appeals challenging only the sentence in a criminal case;

(b)(2)(B) appeals from the revocation of probation or parole;

(b)(2)(C) appeals from a judgment in an unlawful detainer action; and

(b)(2)(D) petitions for review of a decision of the Department of Workforce Services Workforce Appeals Board or the Labor Commission.

(c) Memoranda in lieu of briefs.

(c)(1) In appeals designated under subsection (b), the parties must file memoranda in support of their positions instead of briefs. The schedule for preparing memoranda will be set by appellate court order.

(c)(2) A party’s principal memorandum must include:

(c)(2)(A) an introduction describing the nature and context of the dispute, including the disposition in the court or agency whose judgment or order is under review;

(c)(2)(B) a statement of the issues for review, including a citation to the record showing that the issue was preserved for review or a statement of grounds for seeking review of an issue not preserved;

(c)(2)(C) an argument, explaining with reasoned analysis supported by citations to legal authority and the record, why the party should prevail on appeal; no separate statement of facts is required, but facts asserted in the argument must be supported by citations to the record;

(c)(2)(D) a claim for attorney fees, if any, including the legal basis for an award; and

(c)(2)(E) a certificate of compliance, certifying that the memorandum complies with rule 21 regarding public and private documents.

(c)(3) An appellant or petitioner may file a reply memorandum limited to responding to the facts and arguments raised in appellee’s or respondent’s principal memorandum. The reply memorandum must include an argument and a certificate of compliance with rule 21 regarding public and private documents.

(c)(4) Principal memoranda must be no more than 7,000 words or 20 pages if a word count is not provided. A reply memorandum must be no more than 3,500 words or 10 pages if a word count is not provided.

(d) Extension of timeBy stipulation filed with the court prior to the expiration of time in which a memorandum is due, the parties may extend the time for filing by no more than 21 days. Any additional motions for an extension of time will be governed by rule 22(b).

 

 

Rule 11. The record on appeal.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2023
Approved language changes effective on: 5/1/2024
View approved amendments for this rule
View all approved rule amendments

(a) Composition of the record on appeal. The record on appeal consists of the documents and exhibits filed in or considered by the trial court, including the presentence report in criminal matters, and the transcript of proceedings, if any.

(b) Preparing, paginating, and indexing the record.

(1) Preparing the record. On the appellate court’s request, the trial court clerk will prepare the record in the following order:

(A) all original documents in chronological order;

(B) all published depositions in chronological order;

(C) all transcripts prepared for appeal in chronological order;

(D) a list of all exhibits offered in the proceeding; and

(E) in criminal cases, the presentence investigation report.

(2) Pagination.

(A) Using Bates numbering, the entire record must be paginated.

(B) If the appellate court requests a supplemental record, the same procedures as in (b)(2)(A) apply, continuing Bates numbering from the last page number of the original record.

(3) Index. A chronological index of the record must accompany the record on appeal. The index must identify the date of filing and starting page of the document, deposition, or transcript.

(4) Examining the record. Appellate court clerks will establish rules and procedures for parties to check out the record after pagination.

(c) The transcript of proceedings; duty of appellant to order; notice to appellee if partial transcript is ordered.

(1) Request for transcript; time for filing. Within 14 days after filing the notice of appeal, or within 30 days of the notice of appeal where an indigent appellant has a statutory or constitutional right to counsel, the appellant must order the transcript(s) online at www.utcourts.gov, specifying the entire proceeding or parts of the proceeding to be transcribed that are not already on file. The appellant must serve on the appellee a designation of those parts of the proceeding to be transcribed. If no such parts of the proceedings are to be requested, within the same period the appellant must file a certificate to that effect with the appellate court clerk and serve a copy on the appellee.

(2) Transcript required of all evidence regarding challenged finding or conclusion. If the appellant intends to argue on appeal that a finding or conclusion is unsupported by or is contrary to the evidence, the appellant must include in the record a transcript of all evidence relevant to such finding or conclusion. Neither the court nor the appellee is obligated to correct appellant’s deficiencies in providing the relevant portions of the transcript.

(3) Statement of issues; cross-designation by appellee. If the appellant does not order the entire transcript, the appellee may, within 14 days after the appellant serves the designation or certificate described in paragraph (c)(1), order the transcript(s) in accordance with (c)(1), and serve on the appellant a designation of additional parts to be included.

(d) Agreed statement as the record on appeal. In lieu of the record on appeal as defined in paragraph (a) of this rule, the parties may prepare and sign a statement of the case, showing how the issues presented by the appeal arose and were decided in the trial court and setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the issues presented. If the court deems the statement accurate, it, together with such additions as the trial court may consider necessary fully to present the issues raised by the appeal, will be approved by the trial court. The trial court clerk will transmit the statement to the appellate court clerk within the time prescribed by Rule 12(b)(2). The trial court clerk will transmit the record to the appellate court clerk on the trial court’s approval of the statement.

(e) Statement of evidence or proceedings when no report was made or when transcript is unavailable. If no report of the evidence or proceedings at a hearing or trial was made, or if a transcript is unavailable, or if the appellant is impecunious and unable to afford a transcript in a civil case, the appellant may prepare a statement of the evidence or proceedings from the best available means, including recollection. The statement must be served on the appellee, who may serve objections or propose amendments within 14 days after service. The statement and any objections or proposed amendments must be submitted to the trial court for resolution, and the trial court clerk will conform the record to the trial court’s resolution.

(f) Supplementing or modifying the record.

(1) If any dispute arises as to whether the record is complete and accurate, the dispute may be submitted to and resolved by the trial court. The trial court will ensure that the record accurately reflects the proceedings before the trial court, including by entering any necessary findings to resolve the dispute.

(2) If anything material to either party is omitted from or misstated in the record by error of the trial court or court personnel, by accident, or because the appellant did not order a transcript of proceedings that the appellee needs to respond to issues raised in the appellant’s brief, the omission or misstatement may be corrected and a supplemental record may be created and forwarded:

(A) on stipulation of the parties;

(B) by the trial court before or after the record has been forwarded; or

(C) by the appellate court on a motion from a party. The motion must state the position of every other party on the requested supplement or modification or why the movant was unable to learn a party’s position.

(3) The moving party, or the court if it is acting on its own initiative, must serve on the parties a statement of the proposed changes. Within 14 days after service, any party may serve objections to the proposed changes.

 

 

Rule 12. Transmission of the record.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2022

(a) Duty to prepare and file transcript; request for enlargement of time.

(a)(1) On receiving a transcript request, the appellate court clerk will assign the transcript preparation to the court reporter who reported the proceedings or, if recorded on video or audio equipment, to an official court transcriber and notify the requesting party of the assignment. With appellate court approval, the parties may stipulate that a person other than an official court transcriber may transcribe a recorded hearing.

(a)(2) A party requesting a transcript must make satisfactory arrangements for paying the fee to the reporter or transcriber. The transcript must be completed and filed within 30 days after payment arrangements have been made.

(a)(3) The reporter or transcriber may request through the Transcript Management System an enlargement of time in which to file the transcript. The request for enlargement of time must contain the elements stated in CJA 5-201(1). If filed before the transcript preparation period expires, the request must make a showing of good cause. If filed after the period expires, the request must make a showing of extraordinary circumstances beyond the control of the reporter or transcriber.

(a)(4) On completing the transcript, the reporter and, if applicable, the transcriber must certify that the transcript is a true and correct record of the court hearing or of the file provided by the appellate court clerk. The reporter or transcriber must prepare an index of its contents and file the electronic file through the Transcript Management System. At the request of the person ordering the transcript or at the request of the appellate court, the reporter or transcriber must file the transcript in a compressed format that places multiple complete pages of the original transcript upon each page of compressed transcript. The compressed transcript must retain the page and line numbers of the original transcript.

(b) Transmitting the record on appeal to the appellate court.

(b)(1) Transmitting an index. Within 20 days from the date of the appellate court’s request, the trial court must transmit the index prepared under Rule 11(b) to the appellate court clerk.

(b)(2) Transmitting a paginated record. Within 20 days from the date of the appellate court’s request, the trial court must transmit the record, including transcripts and exhibits, to the appellate courts.

(b)(3) Transmitting exhibits. Documents of unusual bulk or weight, and physical exhibits other than documents, photographs, or binders, must not be transmitted by the trial court unless directed to do so by a party or by the appellate court clerk. A party must make advance arrangements with the clerks for transporting and receiving exhibits of unusual bulk or weight.

(b)(4) Examining the record. During the briefing period, the parties may obtain a copy of the record on appeal from the appellate courts. If a digital record is available, it may be shared with the parties electronically.

(b)(5) Checking out the record on appeal. During the briefing period, if a physical record on appeal exists, counsel for the parties who are members of the Utah State Bar in good standing may, as officers of the court, check out the record upon written request to the appellate court clerk.. The record may be mailed by registered mail or other reputable overnight carrier, return receipt requested, provided that counsel requesting mailing makes advance arrangements with the clerk and pays the cost of shipping. The record may be picked up in person by counsel or counsel’s authorized agent. Counsel must promptly return the record to the court no later than when the party’s brief is filed.

(c) Expediting the transmittal of parts of the record. If the appellate court requires the record before the time the record is transmitted, the trial court clerk at the request of any party or of the appellate court must transmit to the appellate court such parts of the original record as designated.

 

 

Rule 13. Notice of filing by clerk.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
 

Upon receipt of the index transmitted by the clerk of the trial court pursuant to Rule 12(b) or Rule 11(f), the clerk of the appellate court shall file the index and shall immediately give notice to all parties of the date on which it was filed and the date on which the appellant's brief is due pursuant to Rule 26.

 

 

Rule 14. Review of administrative orders: how obtained; intervention.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2023

(a) Petition for review of order; joint petition. When a statute provides for judicial review by or appeal to the Supreme Court or the Court of Appeals of an order or decision of an administrative agency, board, commission, committee, or officer (hereinafter the term “agency” shall include agency, board, commission, committee, or officer), a party seeking review must file a petition for review with the clerk of the appellate court within the time prescribed by statute, or if there is no time prescribed, then within 30 days after the date of the written decision or order. The petition must specify the parties seeking review and must designate the respondent(s) and the order or decision, or part thereof, to be reviewed. In each case, the agency must be named respondent. The State of Utah is a respondent if required by statute, even if not designated in the petition. If two or more persons are entitled to petition for review of the same order and their interests are such as to make joinder practicable, they may file a joint petition for review and may thereafter proceed as a single petitioner.

(b) Filing fees. At the time of filing any petition for review or cross-petition for review, the petitioner or cross-petitioner must pay the filing fee established by law, unless waived by the appellate court. The appellate court clerk must accept the petition or cross-petition for review regardless of whether the filing fee has been paid. Failure to pay the required filing fee within seven days may result in dismissal of the petition or cross-petition.

(c) Service of petition. The petitioner must serve the petition on the respondents and all parties to the proceeding before the agency in a manner provided by Rule 21.

(d) Intervention. Any person may file with the clerk of the appellate court a motion to intervene. The motion must contain a concise statement of the interest of the moving party and the grounds on which intervention is sought. A motion to intervene must be filed within 40 days of the date on which the petition for review is filed.

(e) Additional or Cross-Petition. If a timely petition for review is filed by any party, any other party may file a petition for review within 14 days after the date on which the first petition for review was filed, or within the time otherwise prescribed by paragraph (a) of this rule, whichever period last expires.

 

 

Rule 15. Petitions for review in tax cases.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2021

(a) If one party seeks review of a State Tax Commission decision by filing a petition for judicial review in the district court, while another party seeks review in the Supreme Court through a direct appeal, the direct appeal will be, absent compelling circumstances:

(1) stayed pending resolution of the district court proceeding; and

(2) dismissed after the district court issues a final appealable order and upon notice to the Appellate Court by the prevailing party.

(b) Assuming an absence of compelling circumstances under paragraph(a), all issues raised in the direct appeal may be raised by any party in the district court proceeding. If not raised in the district court proceeding, the direct appeal issues will be waived and subject to dismissal with the direct appeal when the district court issues a final appealable order.

(c) A party may not seek review simultaneously in both the district court and the Supreme Court. However, a party that has sought review in either the district court or the Supreme Court may join the proceeding filed by another party in the separate court by filing a cross-appeal or by intervening in the district court.

 

 

Rule 17. Stay pending review.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2022

Application for a stay of a decision or order of an agency pending direct review in the appellate court shall ordinarily be made in the first instance to the agency if the agency is authorized by law to grant a stay. If a motion for such relief is made to the appellate court, the motion shall show that application to the agency for the relief sought is not practicable, or that application has been made to the agency and denied, with the reasons given by it for denial. The motion shall also show the reasons for the relief requested and the facts relied upon, and if the facts are subject to dispute, the motion shall be supported by affidavits or declarations. With the motion shall be filed those parts of the record relevant to the relief sought. Reasonable notice of the filing of the motion and any hearing shall be given to all parties to the proceeding in the appellate court. The appellate court may condition relief under this rule upon the filing of a bond or other appropriate security. The motion shall be filed with the clerk and normally will be considered by the court, but in exceptional cases where such procedure would be impracticable due to the requirements of time, the application may be considered by a single justice or judge of the court.


Advisory Committee Note

“Declaration” refers to an unsworn declaration as described in Title 78B, Chapter 18a, Uniform Unsworn Declarations Act.

Adopted 2022

 

 

Rule 18. Applicability of other rules to review.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
 

All provisions of these rules are applicable to review of decisions or orders of agencies, except that Rules 3 through 8 are not applicable. As used in any applicable rule, the term "appellant" includes a petitioner in proceedings to review the orders of an agency, commission, or board. The term "appellee" includes the respondent, which may be the agency, commission, or board. The term "clerk of the trial court" includes the chief executive officer of the agency, commission, or board or the officer's designee. The term "trial court" includes the agency, commission, or board.

 

 

Rule 19. Extraordinary relief.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2023

(a) Petition for extraordinary relief. When no other plain, speedy, or adequate remedy is available, a person may petition an appellate court for extraordinary relief referred to in Rule 65B of the Utah Rules of Civil Procedure.

(b) Respondents.The person or entity against whom relief is sought and all parties in any related district court or agency action other than the petitioner are deemed respondents for all purposes.

(c)Filing and service.The petition must be filed with the appellate clerk and served on the respondent(s). In the event of an original petition in the appellate court where no action is pending in the district court or agency, the petition also must be served on all persons or entities whose interests might be substantially affected.

(d) Filing fee.The petitioner must pay the prescribed filing fee at the time of filing, unless waived by the court.

(e) Contents of petition. A petition for extraordinary relief must contain the following:

(1) a list of all respondents against whom relief is sought, and all others persons or entities, by name or by class, whose interests might be substantially affected;

(2) a statement of the issues presented and of the relief sought;

(3) a statement of the facts necessary to understand the issues presented by the petition;

(4) a statement of the reasons why no other plain, speedy, or adequate remedy exists and why the relief should be granted;

(5) when the subject of the petition is an interlocutory order, a statement explaining whether a petition for interlocutory appeal has been filed and, if so, summarize its status or, if not, why interlocutory appeal is not a plain, speedy, or adequate remedy;

(6) except in cases where the petition is directed to a district court, a statement explaining why it is impractical or inappropriate to file the petition in the district court;

(7) a discussion of points and authorities in support of the petition; and

(8) copies of any order or opinion or parts of the record that may be essential to understand the matters set forth in the petition.

(f) Emergency relief.When emergency relief is sought, the petitioner must file a separate motion pursuant to Rule 23C explaining why emergency relief is requested. Any response to a motion filed under Rule 23C is governed by that rule and is separate from any response to a petition filed under Rule 19.

(g) Response. No petition will be granted in the absence of a request by the court for a response. No response to a petition will be received unless requested by the court.

(1) Timing.If requested, a respondent may file a response within 30 days of the court’s request or within such other time as the court orders.

(2) Joint Response. Two or more respondents may respond jointly.

(3) Contents.The response must include, or respond to, as appropriate, the items in paragraph (e).

(4) Notice of non-participation.If any respondent does not desire to appear in the proceedings or file a response, that respondent may advise the appellate court clerk and all parties by letter, but the allegations of the petition will not thereby be deemed admitted.

(h) Reply.The petitioner may file a reply within 14 days after service of the response. A reply must be limited to responding to the facts and arguments raised in the response.

(i) Page and word limits.A petition or response may not exceed 20 pages or 7,000 words. A reply may not exceed 10 pages or 3,500 words. Headings, footnotes, and quotations count toward the page or word limit, but the cover page or caption, any table of contents or authorities, signature block, certificates, and any attachments do not.

(j) Certificate of compliance.A petition, response, and reply must include the filer’s certification that the document complies with:

(1) paragraph (i), governing the number of pages or words (the filer may rely on the word count of the word processing system used to prepare the document); and

(2) Rule 21(h), governing filings containing non-public information.

(k) Review and disposition of petition.

(1) The court may deny a petition without a response. Where a response has been called for, the court will render a decision based on the petition and any timely response and reply, or it may require briefing or request further information, and may hold oral argument at its discretion.

(2) If the court determines that the petition was not appropriately filed in the appellate court, the court will refer the petition to the appropriate district court. Any review of the district court’s decision on the petition must be pursued by appeal rather than a refiling of the petition.

(3) A single judge or justice may deny the petition if it is frivolous on its face or fails to materially comply with the requirements of this rule or Rule 65B of the Utah Rules of Civil Procedure. A petition’s denial by a single judge or justice may be reviewed by the appellate court upon specific request filed within seven days of notice of disposition, but such request may not include any additional argument or briefing.

(l) Transmission of record. In reviewing a petition for extraordinary relief, the appellate court may order transmission of the record, or any relevant portion thereof.

(m) Issuing an extraordinary writ on the court’s motion.

(1) The appellate court, in aid of its own jurisdiction in extraordinary cases, may on its own motion issue a writ directed to a judge, agency, person, or entity.

(2) A copy of the writ will be served on the named respondents in the manner and by an individual authorized to accomplish personal service under Rule 4 of the Utah Rules of Civil Procedure. In addition, copies of the writ must be transmitted by the appellate court clerk, by the most direct means available, to all persons or associations whose interests might be substantially affected by the writ.

(3) The respondent and the persons or entities whose interests are substantially affected may, within four days of the writ’s issuance, petition the court to dissolve or amend the writ. The petition must be accompanied by a concise statement of the reasons for dissolving or amending the writ.


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

 

 

Rule 21. Filing and service.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 2/19/2020

(a) Filing. A document may be filed by email, by mail, or in person. Documents required or permitted to be filed by these rules must be filed with the appellate clerk. If emailed, a document must be in a searchable PDF format of no more than 25 megabytes. Documents filed by email in the Supreme Court must be sent to supremecourt@utcourts.gov. Documents filed by email in the Court of Appeals must be sent to courtofappeals@utcourts.gov. Except as provided in paragraph (g):

(1) Documents other than briefs are timely:

(A) if received by email to the appropriate court by 11:59 p.m. of the due date; or

(B) if received by mail or hand delivery to the Appellate Clerks’ Office before 5 p.m. of the due date.

(2) Briefs are timely:

(A) if received by email to the appropriate court by 11:59 p.m. of the due date;

(B) if postmarked by the due date; or

(C) if received by hand delivery to the Appellate Clerks’ Office before 5 p.m. of the due date.

(b) Filing Fees. If a statute or rule establishes a fee for the filing, the party must pay the fee to the appellate clerk no more than 7 days after the filing, or the filing may be stricken.

(c) Service of all documents required. All documents filed with the appellate court must, at or before the time of filing, be served on all other parties to the appeal or review. Service on a party represented by counsel must be made on counsel of record, or, if the party is not represented by counsel, on the party at the last known address or email address provided to the appellate court. Any document required by these rules to be served on a party must be filed with the court and accompanied by proof of service.

(d) Manner of service. Service may be personal, by mail, or by email. Personal service includes delivery of the copy to a clerk or other responsible person at the office of counsel. Service by mail or email is complete on mailing or emailing.

(e) Proof of service. Documents presented for filing must contain an acknowledgment of service by the person served or a certificate of service in the form of a statement of the date and manner of service, the names of the persons served, and the addresses at which they were served. The certificate of service may appear on or be affixed to the documents filed. If counsel of record is served, the certificate of service must designate the name of the party represented by that counsel.

(f) Signature. All documents filed in the appellate court must be signed by counsel of record or by a party who is not represented by counsel. For documents filed by email, the documents may be electronically signed as follows: /s/ name of unrepresented party or name of counsel of record.

(g) Filing by inmate.

(1) For purposes of this paragraph (g), an inmate is a person confined to an institution or committed to a place of legal confinement.

(2) Documents filed by an inmate are timely filed if they are deposited in the institution’s internal mail system on or before the due date. Timely filing may be shown by a contemporaneously filed notarized statement or written declaration setting forth the date of deposit and stating that first-class postage has been, or is being, prepaid, or that the inmate has complied with any applicable requirements for legal mail set by the institution. Response time will be calculated from the date the documents are received by the court.

(h) Filings containing other than public information and records. If a filing, including an addendum, contains non-public information, the filer must also file a version with all such information removed. Non-public information means information classified as private, controlled, protected, safeguarded, sealed, juvenile court legal, or juvenile court social, or any other information to which the right of public access is restricted by statute, rule, order, or case law.


Advisory Committee Note

Court records are public unless otherwise classified as private, controlled, protected, safeguarded, sealed, juvenile court legal, or juvenile court social by the Utah Code of Judicial Administration. The right of public access may be restricted by statute (including the Government Records Access and Management Act), rule, case law, or court order. If a filing contains information or records that are not public, the filer must file an unredacted version for the court and a version for the public that does not contain the nonpublic information.

Adopted 2020

 

 

Rule 22. Computation and enlargement of time.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2023
Approved language changes effective on: 5/1/2024
View approved amendments for this rule
View all approved rule amendments

(a) Computation of time. In computing any period of time prescribed by these rules, by court order, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run is not included. If the designated period of time begins to run from the date of entry of an order or judgment and the order or judgment is entered on a Saturday, Sunday, or legal holiday, the date of entry will be deemed to be the first day following the entry that is not a Saturday, Sunday, or legal holiday. The last day of the period must be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period extends until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed, without reference to any additional time under paragraph (d), is less than 11 days, intermediate Saturdays, Sundays, and legal holidays must be excluded in the computation.

(1) “Legal holiday” is any holiday that is recognized and observed by the State of Utah, as specified here: https://www.utcourts.gov/en/about/miscellaneous/law-library/holidays.html

(b) Enlargement of time.

(1) Motions for an enlargement of time for filing briefs beyond the time permitted by stipulation of the parties under Rule 26 are not favored.

(2) The court for good cause shown may upon motion extend the time prescribed by these rules or by its order for doing any act, or may permit an act to be done after the expiration of time. This rule does not authorize the court to extend the jurisdictional deadlines specified by any of the rules listed in Rule 2. For the purpose of this rule, good cause includes, but is not limited to, the complexity of the case on appeal, engagement in other litigation, and extreme hardship to counsel.

(3) A motion for an enlargement of time shall be filed prior to the expiration of the time for which the enlargement is sought.

(4) A motion for enlargement of time shall state:

(A) with particularity the good cause for granting the motion;

(B) whether the movant has previously been granted an enlargement of time and, if so, the number and duration of such enlargements;

(C) when the time will expire for doing the act for which the enlargement of time is sought;

(D) the date on which the act for which the enlargement of time is sought will be completed; and

(E) except as to a motion under paragraph (c), the position of every other party on the requested extension or why the movant was unable to learn a party’s position.

(5) If the good cause relied upon is engagement in other litigation, the motion must:

(A) identify such litigation by caption, number and court;

(B) describe the action of the court in the other litigation on a motion for continuance;

(C) state the reasons why the other litigation should take precedence over the subject appeal;

(D) state the reasons why associated counsel cannot prepare the brief for timely filing or relieve the movant in the other litigation; and

(E) identify any other relevant circumstances.

(6) If the good cause relied upon is the complexity of the appeal, the movant must state the reasons why the appeal is so complex that an adequate brief cannot reasonably be prepared by the due date.

(7) If the good cause relied upon is extreme hardship to counsel, the movant must state in detail the nature of the hardship.

(8) All facts supporting good cause must be stated with specificity. Generalities, such as “the motion is not for the purpose of delay” or “counsel is engaged in other litigation,” are insufficient.

(c) Ex parte motion. Except as to enlargements of time for filing and service of briefs under Rule 26, a party may file one ex parte motion for enlargement of time not to exceed 14 days if no enlargement of time has been previously granted, if the time has not already expired for doing the act for which the enlargement is sought, and if the motion otherwise complies with the requirements and limitations of paragraph (b) of this rule.

(d) Additional time after service by mail. Whenever a party is required or permitted to do an act within a prescribed period after service of a document and the document is served by mail, 3 days shall be added to the prescribed period.


Advisory Committee Note

A motion to enlarge time must be filed prior to the expiration of the time sought to be enlarged. A specific date on which the act will be completed must be provided. The court may grant an extension of time after the original deadline has expired, but the motion to enlarge the time must be filed prior to the deadline.

Both appellate courts place appeals in the oral argument queue in accordance with the priority of the case and after principal briefs have been filed. Delays in the completion of briefing will likely delay the date of oral argument.

Adopted 2020

 

 

Rule 23. Motions.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2023

(a) Content of motion. Unless another form is elsewhere prescribed by these rules, an application for an order or other relief must be made by filing a motion for such order or relief with proof of service on all other parties. The motion must contain:

(1) a specific and clear statement of the relief sought;

(2) a particular statement of the factual grounds;

(3) a discussion of points and authorities in support (unless the motion is for an enlargement of time); and

(4) affidavits or declarations and documents, where appropriate.

(b) Response. Any party may file a response to a motion within 14 days after the motion is served; however, the court may, for good cause shown, dispense with, shorten, or extend the time for responding to any motion.

(c) Reply. The moving party may file a reply only to answer new matters raised in the response. A reply, if any, may be filed no later than 5 days after the response is served, but the court may rule on the motion without awaiting a reply.

(d) Determination of motions for procedural orders. Notwithstanding paragraph (a) as to motions generally, motions for procedural orders not substantially affecting the rights of the parties or the ultimate disposition of the appeal, including any motion under Rule 22(b), may be acted upon at any time, without awaiting a response or reply. Pursuant to rule or at the court’s direction, the clerk may dispose of motions for specified types of procedural orders. The court may review a clerk’s disposition upon a party’s motion or upon its own motion.

(e) Power of a single justice or judge to entertain motions. In addition to the authority expressly conferred by these rules or by law, a single justice or judge of the court may entertain and may grant or deny any request for relief that under these rules may properly be sought by motion, except that:

(1) a single justice or judge may not dismiss or otherwise determine an appeal or other proceeding;

(2) the court may provide by order or rule that any motion or class of motions must be acted upon by the court; and

(3) the action of a single justice or judge may be reviewed by the court.

 

 

Rule 23A. Motion for reinstatement of appeal.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
 

An appeal dismissed for failure to take a step other than the timely filing of a notice of appeal may be reinstated by the court upon motion of the appellant for (a) mistake, inadvertence, surprise, or excusable neglect or (b) fraud, misrepresentation, or misconduct of an adverse party. The motion shall be made within a reasonable time after entry of the order of dismissal.

 

 

Rule 23B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2022

(a) Grounds for motion; time. A party to an appeal in a criminal case may move the court to remand the case to the trial court for entry of findings of fact, necessary for the appellate court's determination of a claim of ineffective assistance of counsel. The motion will be available only upon a nonspeculative allegation of facts, not fully appearing in the record on appeal, which, if true, could support a determination that counsel was ineffective.

The motion must be filed before or at the time of the filing of the appellant's brief. Upon a showing of good cause, the court may permit a motion to be filed after the filing of the appellant's brief. After the appeal is taken under advisement, a remand pursuant to this rule is available only on the court’s own motion and only if the claim has been raised and the motion would have been available to a party.

(b) Content of motion. The content of the motion must conform to the requirements of Rule 23. The motion must include or be accompanied by affidavits or declarations alleging facts not fully appearing in the record on appeal that show the claimed deficient performance of the attorney. The affidavits or declarations must also allege facts that show the claimed prejudice suffered by the appellant as a result of the claimed deficient performance. The motion must also be accompanied by a proposed order of remand that identifies the ineffectiveness claims and specifies the factual issues relevant to each such claim to be addressed on remand.

(c) Orders of the court; response; reply. If a motion under this rule is filed at the same time as appellant’s principal brief, any response and reply must be filed within the time for the filing of the parties’ respective briefs on the merits, unless otherwise specified by the court. If a motion is filed before appellant’s brief, the court may elect to defer ruling on the motion or decide the motion prior to briefing.

(1) If the court defers the motion, the time for filing any response or reply will be the same as for a motion filed at the same time as appellant’s brief, unless otherwise specified by the court.

(2) If the court elects to decide the motion prior to briefing, it will issue a notice that any response must be filed within 30 days of the notice or within such other time as the court may specify. Any reply in support of the motion must be filed within 20 days after the response is served or within such other time as the court may specify.

(3) If the requirements of parts (a) and (b) of this rule have been met, the court may order that the case be temporarily remanded to the trial court to enter findings of fact relevant to a claim of ineffective assistance of counsel. The order of remand will identify the ineffectiveness claims and specify the factual issues relevant to each such claim to be addressed by the trial court. The order will also direct the trial court to complete the proceedings on remand within 90 days of issuance of the order of remand, absent a finding by the trial court of good cause for a delay of reasonable length.

(4) If it appears to the appellate court that the appellant's attorney of record on the appeal faces a conflict of interest upon remand, the court will direct that counsel withdraw and that new counsel for the appellant be appointed or retained.

(d) Effect on appeal. If a motion is filed at the same timeas appellant’s brief, the briefing schedule will not be stayed unless ordered by the court. If a motion is filed before appellant’s brief, the briefing schedule will be automatically stayed until the court issues notice of whether it will defer the motion or decide the motion before briefing.

(e) Proceedings before the trial court. Upon remand the trial court will promptly conduct hearings and take evidence as necessary to enter the findings of fact necessary to determine the claim of ineffective assistance of counsel. Any claim of ineffectiveness not identified in the order of remand will not be considered by the trial court on remand, unless the trial court determines that the interests of justice or judicial efficiency require consideration of issues not specifically identified in the order of remand. Evidentiary hearings will be conducted without a jury and as soon as practicable after remand. The burden of proving a fact will be upon the proponent of the fact. The standard of proof will be a preponderance of the evidence. The trial court will enter written findings of fact concerning the claimed deficient performance by counsel and the claimed prejudice suffered by appellant as a result, in accordance with the order of remand. Proceedings on remand must be completed within 90 days of entry of the order of remand, unless the trial court finds good cause for a delay of reasonable length.

(f) Preparation and transmittal of the record. At the conclusion of all proceedings before the trial court, the clerk of the trial court will immediately prepare the record of the supplemental proceedings as required by these rules. If the record of the original proceedings before the trial court has been transmitted to the appellate court, the clerk of the trial court will immediately transmit the record of the supplemental proceedings upon preparation of the supplemental record. If the record of the original proceedings before the trial court has not been transmitted to the appellate court, the clerk of the court will transmit the record of the supplemental proceedings upon the preparation of the entire record.

(g) Appellate court determination. Errors claimed to have been made during the trial court proceedings conducted pursuant to this rule are reviewable under the same standards as the review of errors in other appeals. The findings of fact entered pursuant to this rule are reviewable under the same standards as the review of findings of fact in other appeals.


Advisory Committee Note

“Declaration” refers to an unsworn declaration as described in Title 78B, Chapter 18a, Uniform Unsworn Declarations Act.

Adopted 2022

 

 

Rule 23C. Motion for emergency relief.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2023

(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.

 

 

Rule 24. Principal and reply briefs.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2017

(a) Principal briefsPrincipal briefs must contain under appropriate headings and in the order indicated:

(1) A list of current and former parties. The list of parties must include:

(A) all parties to the proceeding in the appellate court and their counsel; and

(B) listed separately, all parties to the proceeding in the court or agency whose judgment or order is under review that are not parties in the appellate court proceeding.

(2) A table of contents. The table of contents must list the sections of the brief with page numbers and the items in the addendum with the item number.

(3) A table of authorities. The table of authorities must list all cases alphabetically arranged, rules, statutes, and other authorities cited, with references to the pages on which they are cited.

(4) An introduction. The introduction should describe the nature and context of the dispute and explain why the party should prevail on appeal.

(5) A statement of the issue.The statement of the issue must set forth the issue presented for review, including for each issue:

(A) the standard of appellate review with supporting authority; and

(B) citation to the record showing that the issue was preserved for review; or a statement of grounds for seeking review of an issue not preserved.

(6) A statement of the case.The statement of the case must include, with citations to the record:

(A) the facts of the case, to the extent necessary to understand the issues presented for review;

(B) the procedural history of the case, to the extent necessary to understand the issues presented for review; and

(C) the disposition in the court or agency whose judgment or order is under review.

(7) A summary of the argument. The summary of the argument must contain a succinct statement of the arguments made in the body of the brief.

(8) An argument.The argument must explain, with reasoned analysis supported by citations to legal authority and the record, why the party should prevail on appeal.

(9) A claim for attorney fees.A party seeking attorney fees for work performed on appeal must state the request explicitly and set forth the legal basis for an award.

(10) A short conclusion.The conclusion may summarize the party’s position and must state the specific relief sought on appeal.

(11) A certificate of compliance.The filer must certify that the brief complies with:

(A) paragraph (g), governing the number of pages or words (the filer may rely on the word count of the word processing system used to prepare the brief); and

(B) Rule 21, governing public and private records.

(12) An addendum.Subject to Rule 21(h), the addendum must contain a copy of:

(A) any constitutional provision, statute, rule, or regulation of central importance cited in the brief but not reproduced verbatim in the brief;

(B) the order, judgment, opinion, or decision under review and any related minute entries, findings of fact, and conclusions of law; and

(C) materials in the record that are the subject of the dispute and that are of central importance to the determination of the issues presented for review, such as challenged jury instructions, transcript pages, insurance policies, leases, search warrants, or real estate purchase contracts.

(b) Reply briefThe appellant or petitioner may file a reply brief. A reply brief must be limited to responding to the facts and arguments raised in the appellee’s or respondent’s principal brief. The reply brief must include:

(1)a table of contents, as required by paragraph (a)(2);

(2)a table of authorities, as required by paragraph (a)(3);

(3)an argument, as required by paragraph (a)(8);

(4)a conclusion, as required by paragraph (a)(10); and

(5)a certificate of compliance, as required by paragraph (a)(11).

(c) No further briefs; joining or adopting the brief of another party.No further briefs may be filed except with leave of the appellate court. More than one party may join in a single brief. Any party may adopt by reference any part of the brief of another.

(d) References in briefs to parties and others. Parties and other persons and entities should be referred to consistently by the term, phrase, or name most pertinent to the issues on appeal. These may include descriptive terms based on the person or entity’s role in the dispute, or the designations used in the trial court or agency, or the names of parties. Unless germane to an issue on appeal, a party should not be described solely by the party’s procedural role in the case. The identity of minors should be protected by use of descriptive terms, initials, or pseudonyms. In child welfare appeals, the surname of a minor must not be used nor may a surname of a minor’s biological, adoptive, or foster parent be used.

(e) References to the record.

(1)Statements of fact and references to proceedings in the court or agency whose judgment or order is under review must be supported by citation to the record. A citation must identify the page of the record as marked by the clerk.

(2)A reference to an exhibit must set forth the exhibit number. If the reference is to evidence the admissibility of which is in controversy, the reference must set forth the pages of the record at which the evidence was identified, offered, and received or rejected.

(f) References to legal authority.A reference to an opinion of the Utah Supreme Court or the Utah Court of Appeals issued on or after January 1, 1999, must include the universal citation (e.g., 2015 UT 99, ¶ 3; or 2015 UT App 320, ¶ 6).

(g) Length of briefs.

(1)Unless a brief complies with the following page limits, it must comply with the following word limits asdf:

 Type of brief

 Page limit 

 Word limit 

 Legality of death sentence, principal brief 

 60

 28,000

 Legality of death sentence, reply brief

 30

 14,000

 Other cases, principal brief

 30

 14,000

 Other cases, reply brief

 15

 7,000

(2)Headings, footnotes, and quotations count toward the page or word limit, but the table of contents, table of authorities, and addendum, and any certificates of counsel do not.

(h) Permission to file over length brief. Although over length briefs are disfavored, a party may file a motion for leave to file a brief that exceeds the page, or word limitations of this rule. The motion must state with specificity the issues to be briefed, the number of additional pages, or words requested, and good cause for granting the motion. A motion filed at least 7 days before the brief is due or seeking three or fewer additional pages, or 1,400 or fewer additional words need not be accompanied by a copy of the proposed brief. Otherwise, a copy of the proposed brief must accompany the motion. If the motion is granted, the responding party is entitled to an equal number of additional pages, or words without further order of the court. Whether the motion is granted or denied, the court will destroy the proposed brief.

(i) Sanctions.The court on motion or on its own initiative may strike or disregard a brief that contains burdensome, irrelevant, immaterial, or scandalous matters, and the court may assess an appropriate sanction including attorney fees for the violation.

(j) Notice of supplemental authorities. When authority of central importance to an issue comes to the attention of a party after briefing or oral argument but before decision, that party may file a notice of supplemental authority setting forth:

(1) the citation to the authority;

(2)a reference either to the page of the brief or to a point argued orally to which the authority applies; and

(3)relevance of the authority. The body of the notice must not exceed 350 words. Any other party may file a response no later than 7 days after service of the notice. The body of the response must not exceed 350 words.

Effective November 1, 2017


Advisory Committee Notes

The 2017 amendments substantially change the organization and content of briefs. An important objective of the amendments is to present the party’s case in logical order, in measured increments, and without unnecessary repetition. The principal brief of each party must meet the same requirements.

Paragraph (a)(4). A party’s principal brief should include an introduction. The author should focus the introduction on the important features of the case. The introduction to one case may be only a few sentences, while a more complex case may require a few paragraphs or perhaps a few pages. The objective of the introduction is to give the reader a sense of the forest before detailing the trees.

Paragraph (a)(6). The statement of the case should describe the facts surrounding the dispute and procedural history of the litigation, but only to the extent that these are necessary to understand the issues. Describing a fact or circumstance or proceeding that has no bearing on the issues adds words of no value and distracts the reader. When stating a fact or describing a proceeding, a concise narrative is sometimes a better presentation than a numbered, itemized list. The party must cite to the places in the record that support the statement.

Paragraph (a)(8). The 2017 amendments remove the reference to marshaling. State v. Nielsen, 2014 UT 10, 326 P.3d 645, holds that the failure to marshal is not a technical deficiency resulting in default, but is a manner in which an appellant may carry its burden of persuasion when challenging a finding or verdict.

Paragraph (a)(11). The certificate of compliance is expanded to include not only compliance with the limit on the length of the brief, but also compliance with the public/private record requirements of Rule 21. Briefs, including the addendum containing trial court records, are public documents, increasingly available on the Internet. However, many trial court records are not public. If the author needs to include a non-public document in an addendum or non-public information in the body of the brief, Rule 21 requires that an identical, public brief be filed, but with the non-public information removed.

Paragraph (b). The purpose of a reply brief is to respond to the facts and arguments presented in an appellee’s principal brief, not to reiterate points already made in the appellant’s principal brief, nor to introduce new matters that should have been raised in that brief. Although not required, it is good practice to identify the point that is being responded to.

Paragraph (d). Describing the actors in a dispute and litigation presents a challenge to the author of a brief. Consistency promotes clarity; having chosen a term, phrase, name, or initials to define a party, person, or entity, the author should use it throughout a brief.

The name of a minor is often a private record and caution should be used to avoid including other names or information from which a minor might be identified. A minor’s surname should be used only with the informed consent of a mature minor. The author may file a private brief for the parties and the court using the minor’s name while simultaneously filing an otherwise identical public brief with the minor’s name omitted, redacted, reduced to initials, or substituted with a placeholder name. A minor may be referred to by a descriptive term such as “the child,” “the 11-year old,” or “the sister.” The biological, adoptive, or foster parents of minors may be referred to by their relation to the minor, such as “mother,” “adoptive parent,” or “foster father.”

While the name of an adult is usually a public record, the author should recognize the intrusion into the lives of victims, witnesses, and others who are not principals in the dispute caused by a brief published on the Internet. Also, the use of names is disfavored when clarity and discretion can be promoted by use of a reference based on the person’s role in the dispute or the case. Parties and other persons and entities should generally be referred to by their role in the dispute, such as “employee,” “Defendant Employer,” or “the Taxpayer.” Descriptions such as “witness” or “neighbor” can also be useful while respecting the interests of non-parties. The reference chosen should be the one most relevant to the matters on appeal.

Paragraph (g). Because of the increasing rarity of monospaced font, the 2017 amendments eliminated the number of lines as a measure of a brief’s length. And to improve the clarity of Rule24, the 2017 amendments moved the requirements for briefs in a cross-appeal to Rule24A.

Adopted 2017

 

 

Rule 24A. Briefs in cross-appeals.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2017

(a) Party designation. The party first filing a notice of appeal is the appellant. The party filing a second or subsequent notice of appeal is the cross-appellant. The parties may change the designation of parties by stipulation filed with the court, or the court may order a different designation of parties. Each party is entitled to file two briefs.

(b) Appellant’s principal brief. The appellant must file a principal brief that presents the issues raised in the appeal.

(c) Cross-appellant’s principal brief. The cross-appellant must then file one brief, that first responds to the appellant's issues raised in the appeal and then, in the same brief, presents the issues raised in the cross-appeal. The brief may include a single introduction, statement of the issue, statement of the case, and conclusion.

(d) Appellant’s reply brief. The appellant may then file one brief that first replies to the cross-appellant’s response to the issues raised in the appeal and then responds to the issues raised in the cross-appeal.

(e) Cross-appellant’s reply brief. The cross-appellant may file a reply brief that replies to the appellant’s response to the issues raised in cross-appeal.

(f) No further briefs. No further briefs may be filed except with leave of the appellate court.

(g) Length of briefs.

(g)(1) Unless a brief complies with the following page limits, it must comply with the following word limits:

Type of brief

Page limit

Word limit

Appellant’s principal brief

30

14,000

Cross-appellant’s principal brief

45

21,000

Appellant’s reply brief

30

14,000

Cross-appellant’s reply brief

15

7,000

(g)(2) Headings, footnotes, and quotations count toward the page or word limit, but the table of contents, table of authorities, and addendum do not.

(h) Applicability of Rule 24. Except as provided in this rule, Rule 24 applies to briefs in a cross-appeal.

 

 

Rule 25. Amicus curiae briefs.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2022

(a) Notice. An amicus curiae in the Supreme Court or Court of Appeals must provide notice to counsel of record for all parties to the appeal of its intent to file its brief at least 7 days before the brief’s due date as provided in paragraph (d).

(1) Only one signatory to any amicus curiae brief filed jointly must notify the parties of its intent to file that brief.

(2) An amicus curiae whose brief is requested by an appellate court need not comply with this notice requirement.

(b) When permitted.

(1) The following entities may file an amicus curiae brief without consent of the parties or leave of court:

(A) a guardian ad litem;

(B) the State of Utah or any agency of the State of Utah by the Office of the Utah Attorney General;

(C) any other State, Commonwealth, or Territory when submitted by its Attorney General; or

(D) the United States of America when submitted by the United States Department of Justice.

(2) Any other amicus curiae brief may be filed only if all parties have consented to its filing, at the court’s request, or by leave of court granted on motion.

(c) Motion for leave to file. If one or more parties do not consent to the brief’s filing, an amicus curiae may file a motion for leave to file the brief.

(1) The motion must identify the party or parties who have withheld consent, identify the movant’s interest, and state the reasons why an amicus curiae brief is desirable and why the matters asserted are relevant to the disposition of the case.

(2) The motion must not exceed 1,500 words. It must be submitted together with the brief sought to be filed.

(3) A party to the appeal may oppose the motion by filing an objection within 14 days after the motion is served that concisely states its reasons for withholding consent. The objection must not exceed 1,500 words.

(4) The appellate court has discretion in determining whether to grant a motion for leave to file an amicus curiae brief.

(d) Time for filingAn amicus curiae brief, together with a motion under paragraph (c) when a party has withheld consent, must be filed:

(1) in a case before the Supreme Court when a petition for a writ of certiorari is pending, 14 days after the petition is filed; or

(2) in a case before the Supreme Court for merits review, or before the Court of Appeals, 14 days after the principal brief of the party being supported is filed.

(3) an amicus curiae that does not support either party must file its brief no later than 7 days after the appellant’s or petitioner’s principal brief is filed.

(e) Contents and form. An amicus curiae brief must comply with Rule 27. In addition, the cover must identify the party or parties supported and must indicate whether the brief supports affirmance or reversal. The brief must include:

(1) a table of contents;

(2) a table of authorities;

(3) unless included as part of a motion under paragraph (c)(1), a concise statement of the identity of the amicus curiae and its interest in the case;

(4) a statement indicating whether counsel for the parties received timely notice under paragraph (a);

(5) a statement indicating whether all parties consented under paragraph (b)(2)

(6) unless the amicus curiae is one listed in paragraph (b)(1), a statement that indicates whether:

(A) a party or party’s counsel authored the brief in whole or in part;

(B) a party or party’s counsel contributed money that was intended to fund preparing or submitting the brief; and

(C) a person—other than the amicus curiae, its members, or its counsel—contributed money that was intended to fund preparing or submitting the brief, and if so, identifies each such person.

(7) an argument, which may be preceded by a summary and which need not include a statement of the applicable standard of review.

(8) a certificate of compliance as required by Rule 24(a)(11).

(f) Length. An amicus curiae brief filed regarding a petition for writ of certiorari may not exceed 4,000 words. Any other amicus curiae brief may not exceed 7,000 words. Those limits will not be extended on the amicus’s motion. Both limits exclude the table of contents, the table of authorities, any appendix, and required certificates of counsel.

(g) Responsive briefs.

(1) when no motion under paragraph (c) has been filed, the time for responsive briefs under Rule 26(a) runs from the timely filing of the amicus curiae brief or from the timely filing of the brief of the party whose position the amicus curiae supports, whichever is later.

(2) when a motion under paragraph (c) has been filed, the time for responsive briefs under Rule 26(a) runs from the date of the appellate court order granting or denying the motion.

(h) Oral argument. While such motions are not favored, an amicus curiae may file a letter requesting permission to participate in the oral argument within 14 days after the notice of oral argument.

(i) An amicus curiae brief may not be filed in support of a petition for rehearing under Rule 35.

 

 

Rule 25A. Challenging the constitutionality of a statute, ordinance, rule, or other administrative or legislative enactment.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2021

(a) Notice to the Attorney General or other governmental entity; penalty for failure to give notice.

(1) When a party challenges the constitutionality of a statute in an appeal or petition for review in which the Attorney General has not appeared, every party must serve its principal brief and any subsequent brief on the Attorney General on or before the date the brief is filed.

(2) When a party challenges the constitutionality of a governmental entity’s ordinance, rule, or other administrative or legislative enactment in an appeal or petition for review in which the responsible governmental entity has not appeared, every party must serve its principal brief and any subsequent brief on the governmental entity on or before the date the brief is filed, and file proof of service with the court.

(3) If an appellee or cross-appellant is the first party to challenge the constitutionality of a statute, ordinance, rule, or other administrative or legislative enactment, the appellant must serve its principal brief on the Attorney General or other governmental entity no more than 7 days after receiving the appellee’s or the cross-appellant’s brief and must serve its reply brief on or before the date it is filed.

(4) When service on the Attorney General is necessary under these rules, every party must serve its brief on the Attorney General by email or, if circumstances prevent service by email, by mail at the addresses below, and file proof of service with the court.

Email: notices@agutah.gov

Mail:

Office of the Utah Attorney General

Attn: Utah Solicitor General

350 North State Street, Suite 230

P.O. Box 142320

Salt Lake City, Utah 84114-2320

(5) If a party does not serve a brief as required by this rule and supplemental briefing is ordered as a result of that failure, a court may order that party to pay the costs, expenses, and attorney fees of any other party resulting from that failure.

(b) Notice by the Attorney General or other governmental entity; amicus brief.

(1) When a party raises a constitutional challenge in an appeal in which the Attorney General or responsible governmental entity has not appeared, the Attorney General or other governmental entity must inform the appellate court whether it will file an amicus brief. When the appellant’s principal brief raises the constitutional challenge, the Attorney General or other governmental entity must file its notice within 14 days after service of the appellee’s principal brief. When the appellee’s or cross-appellant’s principal brief raises the constitutional challenge, the Attorney General or other governmental entity must file its notice within 14 days after service of the appellant’s or cross-appellant’s reply brief. The Attorney General or other governmental entity may seek up to an additional 7 days’ extension of time to file its notice.

(2) If the Attorney General or other governmental entity declines to file an amicus brief, the briefing schedule is not affected.

(3) If the Attorney General or other governmental entity intends to file an amicus brief, that brief is due 30 days after the notice of intent is filed. The Attorney General or other governmental entity may move to extend that time as provided under Rule 22. The filing of a notice of intent to file an amicus brief vacates the briefing schedule established under Rule 13 and the next brief of a party, if the rules allow for a next brief, is due 30 days after the amicus brief is served. If the rules do not allow the party that raised the constitutional challenge to file an additional brief without leave of the court after that party receives the amicus brief, that party may move for permission to file a supplemental brief. If leave is granted, the court will state the length of, and due date for, the supplemental brief. The supplemental brief must be limited to responding to the arguments raised in the amicus brief and comply with all other requirements of rule 24(b). On its own motion, the court may order additional supplemental briefing.

(c) Call for the views of the Attorney General or other governmental entity. Any time a party challenges the constitutionality of a statute, ordinance, rule, or other administrative or legislative enactment, the appellate court may call for the views of the Attorney General or other governmental entity and set a schedule for filing an amicus brief and supplemental briefs by the parties, if any.

(d) Participation in oral argument. If the Attorney General or other governmental entity files an amicus brief, the Attorney General or other governmental entity will be permitted to participate at oral argument by timely declaring an intent to participate on the court’s oral argument acknowledgment form.

 

 

Rule 26. Filing and serving briefs.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 2/19/2020

(a) Time to file and serve briefs. The appellant must file and serve a principal brief within 40 days after date of notice from the appellate court clerk pursuant to Rule 13. If a motion for summary disposition of the appeal or a motion to remand for determination of ineffective assistance of counsel is filed after the Rule 13 briefing notice is sent, an appellant’s principal brief must be filed and served within 30 days from the denial of such motion. The appellee, or in cases involving a cross-appeal, the cross-appellant, must file and serve a principal brief within 30 days after service of the appellant’s principal brief. In cases involving cross-appeals, the appellant must file and serve the appellant’s reply brief described in Rule24A(d) within 30 days after service of the cross-appellant’s principal brief. A reply brief may be filed and served by the appellant or the cross-appellant in cases involving cross-appeals. If a reply brief is filed, it must be filed and served within 30 days after the filing and service of the appellee’s principal brief or the appellant’s reply brief in cases involving cross-appeals. If oral argument is scheduled fewer than 35 days after the filing of appellee’s principal brief, the reply brief must be filed at least 5 days prior to oral argument. By stipulation filed with the court in accordance with Rule 21(a), the parties may extend each of such periods for no more than 30 days. A motion for enlargement of time need not accompany the stipulation. No such stipulation will be effective unless it is filed prior to the expiration of the period sought to be extended.

(b) Number of copies. For matters pending in the Supreme Court, eight paper copies of each brief, one of which shall contain an original signature, must be filed with the Supreme Court Clerk. For matters pending in the Court of Appeals, six paper copies of each brief, one of which shall contain an original signature, must be filed with the Court of Appeals Clerk. If a brief was filed by email, the required paper copies of the brief must be delivered no more than seven days after filing. If a brief is served by email, upon request two paper copies must be delivered to counsel for each party separately requesting paper copies.

(c) Consequence of failing to file principal briefs. If an appellant fails to file a principal brief within the time provided in this rule, or within the time as may be extended by order of the appellate court, an appellee may move for dismissal of the appeal. If an appellee fails to file a principal brief within the time provided by this rule, or within the time as may be extended by appellate court order, an appellant may move that the appellee not be heard at oral argument.

(d) Return of record to the clerk. Each party, upon filing its brief, must return the record to the court clerk having custody pursuant to these rules.

 

 

Rule 27. Form of briefs, motions, and other documents.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2021

(a) Form of briefs, motions, and other documents. Except as otherwise provided in this rule or by leave of court, all briefs, motions, and other documents must comply with the following standards:

(1) Size, line spacing, and margins. All documents must be prepared on 8½ by 11 inch sized paper. The text must be double spaced, except for matter customarily single spaced and indented. Margins must be at least one inch on all sides. Page numbers are required and may appear in the margins.

(2) Typeface. The type must be a plain, roman style with serifs. Italics or boldface may be used for emphasis. Cited case names must be italicized or underlined.

(3) Typesize.The typeface must be 13-point or larger for both text and footnotes.

(b) Documents submitted by unrepresented parties. An unrepresented party who does not have access to a word-processing system must file typewritten or legibly handwritten briefs, motions, and other appellate documents. An unrepresented party must sign any document filed with the court. These documents must otherwise comply with the form requirements of this rule, and, if applicable, Rules 24 and 24A.

(c) Caption. The cover of each brief or the first page of any other document must contain a caption that includes the following information:

(1) Case and document information:

(A) full title given to the case in the court or agency from which the appeal was taken, as modified under Rule 3(g),

(B) the designation of the parties both as they appeared in the lower court or agency and as they appear in the appeal

(C) the name of the appellate court;

(D) the number of the case in the appellate court opposite the case title;

(E) the title or description of the document (e.g., Brief of Appellant, Petition for Rehearing, Motion to Dismiss);

(F) the nature of the proceeding in the appellate court (e.g., Appeal, Petition for Review, Extraordinary Writ);

(G) the name of the court and judge, agency, or board below.

(2) For motions and other appellate documents, counsel or party information in the upper left-hand corner, including:

(A) name, address, telephone number, Utah State Bar number, and designation as attorney for appellant, petitioner, appellee, or respondent, as the case may be, or

(B) An unrepresented party must list the party’s name, address, and telephone number.

(3) For briefs on the merits, the names of all counsel for the respective parties must appear on the bottom half of the cover page. The party filing the document must appear in the lower right and opposing counsel in the lower left of the cover.

(d) Additional requirements for briefs on the merits.

(1) Binding. Briefs must be printed on both sides of the page, and securely bound on the left margin with a compact-type binding so as not unduly to increase the thickness of the brief along the bound side. Coiled plastic and spiral-type bindings are not acceptable.

(2) Color of cover page. The cover page of appellant’s opening brief must be blue; that of appellee, red; that of intervenor, guardian ad litem, or amicus curiae, green; that of any reply brief, or in cases involving a cross-appeal, the appellant’s second brief, gray. The cover page must be of heavy card stock. There must be adequate contrast between the printing and the color of the cover page.

(3) Criminal appeals. In criminal cases, the cover of the defendant’s brief must also state whether the defendant is presently incarcerated in connection with the case on appeal and if the brief is an Anders brief. An Anders brief is a brief filed pursuant to Anders v. California, 386 U.S. 793 (1967), in cases where counsel believes no nonfrivolous appellate issues exist.

(4) Effect of noncompliance. The clerk will examine all briefs before filing. If the briefs are not prepared in accordance with these rules, they will not be filed but will be returned to be properly prepared. The clerk will retain one copy of the noncomplying brief and the party must file a brief prepared in compliance with these rules within 5 days. The clerk may grant additional time for bringing a brief into compliance. This rule is not intended to permit significant substantive changes in briefs.

 

 

Rule 28. Prehearing conference.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
 

The court may direct the attorneys for the parties to appear before the court, a justice, judge, or an appointed referee for a prehearing conference to consider the simplification of the issues and such other matters as may aid in the disposition of the proceeding by the court. The court, justice, judge, or appointed referee shall make an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered, and which limits the issues to those not disposed of by admissions or agreements of counsel, and such order when entered controls the subsequent course of the proceeding, unless modified to prevent manifest injustice.

 

 

Rule 28A. Appellate Mediation Office.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2020

(a) Appellate Mediation Office; purpose of mediation conference. The court may order the attorneys for the parties and the parties to appear before a mediator appointed by the court for a mediation conference to explore the possibility of settlement and any other matters that may aid in the efficient management and disposition of the case. The court will advise the parties by order that the case has been referred to the Appellate Mediation Office. All decisions regarding conduct of the mediation conference are within the sole discretion of the mediator.

(b) Confidentiality. Unless contained in a written settlement agreement under paragraph (f), statements and comments made during mediation conferences and in related discussions, and any record of those statements, are confidential and may not be disclosed by anyone (including the appellate mediation office, counsel, or the parties; and their agents or employees) to anyone not participating in the mediation process. Proceedings under this rule may not be recorded by counsel or the parties. Mediators may not be called as witnesses, and the information and records of the Appellate Mediation Office may not be disclosed to judges, staff, or employees of any court.

(c) Continuances. Mediation conferences will not be rescheduled or continued absent good cause as determined by the mediator.

(d) Extensions/tolling. The time for filing briefs or motions for summary disposition and for other appellate proceedings is not automatically tolled pending a mediation conference. The parties may seek an extension by motion or stipulation as provided in Rule 22.

(e) Request for mediation conference by a party.

(1) For cases pending in the Supreme Court, the parties may request a mediation conference by stipulated motion filed with the Court. The Court will determine whether the case will be referred to mediation. If a mediation conference is ordered, the mediation will be conducted in accordance with this rule.

(2) For cases pending in the Court of Appeals, the parties may request a mediation conference by motion, letter, or confidential request. The Chief Appellate Mediator will determine whether a mediation conference will be conducted. The decision of the Chief Appellate Mediator is final and not subject to review. If a mediation conference is ordered, the mediation will be conducted in accordance with this rule.

(3) The denial of a mediation request will not prevent the parties from engaging in private settlement negotiations or private mediation.

(f) Settlement/termination. In appeals settled in whole or in part pursuant to this rule, the court will enter an appropriate order upon written stipulation of all parties, or in the case of voluntary dismissal by the appellant pursuant to these rules, and send the order to the parties. In appeals not settled and terminated from mediation, the court will enter an appropriate order and send the order to the parties. A motion to enforce a settlement agreement will be considered only if the alleged agreement is in writing. The motion and related documents will be filed under seal.

(g) Sanctions. The court may impose sanctions, including costs, fees or dismissal, for the failure of counsel or a party to comply with the provisions of this rule or with orders entered pursuant to this rule.

 

 

Rule 29. Oral argument.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2022

(a) Holding oral argument.

(1) Supreme Court. Oral argument will be held in cases before the Supreme Court unless the court determines that oral argument will not aid the decisional process.

(2) Court of Appeals. Oral argument will be allowed in all cases in which the Court of Appeals determines that oral argument will significantly aid the decisional process.

(3) Alternative means. The court may hold oral argument in person, by phone, or by videoconference.

(b) Notice; waiver; cancellation; continuance.

(1) Supreme Court. Not later than 28 days before the date on which a case is calendared, the clerk will give notice of the time and place of oral argument, and the time to be allowed each side. If all parties to a case believe oral argument will not benefit the court, they may file a joint motion to cancel oral argument not later than 14 days from the date of the clerk’s notice. The court will grant the motion only if it determines that oral argument will not aid the decisional process. A motion to continue oral argument must be supported by (1) a stipulation of all parties or a statement that the movant was unable to obtain such a stipulation, and (2) an affidavit or declaration of counsel specifying the grounds for the motion. A motion to continue filed not later than 14 days from the date of the clerk’s notice may be granted on a showing of good cause. A motion to continue filed thereafter will be granted only on a showing of exceptional circumstances.

(2) Court of Appeals. Not later than 28 days before the date on which a case is calendared, the clerk shall give notice to all parties that oral argument is to be permitted, the time and place of oral argument, and the time to be allowed each side. Any party may waive oral argument by filing a written waiver with the clerk not later than 14 days from the date of the clerk’s notice. If one party waives oral argument and any other party does not, the party waiving oral argument may nevertheless present oral argument. A request to continue oral argument or for additional argument time must be made by motion. A motion to continue oral argument must be supported by (1) a stipulation of all parties or a statement that the movant was unable to obtain such a stipulation, and (2) an affidavit or declaration of counsel specifying the grounds for the motion. A motion to continue filed not later than 14 days from the date of the clerk’s notice may be granted on a showing of good cause. A motion to continue filed thereafter will be granted only on a showing of exceptional circumstances.

(c) Argument order. The appellant argues first and the appellee responds. The appellant may reply to the appellee’s argument if appellant reserved part of appellant’s time for this purpose. Such argument in reply is limited to responding to points made by appellee in appellee’s oral argument and answering any questions from the court.

(d) Cross and separate appeals. A cross or separate appeal is argued with the initial appeal at a single argument, unless the court otherwise directs. If a case involves a separate appeal, the plaintiff in the action below is deemed the appellant for the purpose of this rule unless the parties otherwise agree or the court otherwise directs. If separate appellants support the same argument, care must be taken to avoid duplicative arguments. Unless otherwise agreed by the parties, in cases involving a cross-appeal the appellant, as determined pursuant to Rule24A, opens the argument and presents only the issues raised in the appellant’s opening brief. The cross-appellant then presents an argument that answers the appellant’s issues and addresses original issues raised by the cross-appeal. The appellant then presents an argument that replies to the cross-appellant’s answer to the appellant’s issues and answers the issues raised on the cross-appeal. The cross-appellant may then present an argument that is confined to a reply to the appellant’s answer to the issues raised by the cross-appeal. The court will grant reasonable requests, for good cause shown, for extended argument time.

(e) Nonappearance of parties. If the appellee fails to appear to present argument, the court will hear argument on behalf of the appellant, if present. If the appellant fails to appear, the court may hear argument on behalf of the appellee, if present. If neither party appears, the case may be decided on the briefs, or the court may direct that the case be rescheduled for argument.

(f) Submission on the briefs. By agreement of the parties, a case may be submitted for decision on the briefs, but the court may direct that the case be argued.

(g) Use of physical exhibits at argument; removal. If physical exhibits other than documents are to be used at the argument, counsel must arrange to have them placed in the courtroom before the court convenes on the date of the argument. After the argument, counsel must remove the exhibits from the courtroom unless the court otherwise directs. If exhibits are not reclaimed by counsel within a reasonable time after notice is given by the clerk, they will be destroyed or otherwise disposed of.


Advisory Committee Note

“Declaration” refers to an unsworn declaration as described in Title 78B, Chapter 18a, Uniform Unsworn Declarations Act.

Adopted 2022

 

 

Rule 30. Decision of the court; notice of decision.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2021

(a) Decision in civil cases. The court may reverse, affirm, modify, or otherwise dispose of any appealed order or judgment. If the findings of fact in a case are incomplete, the court may order the trial court or agency to supplement, modify, or complete the findings to make them conform to the issues presented and the facts as found from the evidence and may direct the trial court or agency to enter judgment in accordance with the findings as revised. The court may also order a new trial or further proceedings to be conducted. If a new trial is granted, the court may pass upon and determine all questions of law involved in the case presented upon the appeal and necessary to the final determination of the case.

(b) Decision in criminal cases. If a judgment of conviction is reversed, a new trial will be held unless the court specifies otherwise. If a judgment of conviction or other order is affirmed or modified, the judgment or order affirmed or modified will be executed.

(c) Decision and opinion in writing. When a judgment, decree, or order is reversed, modified, or affirmed, the reasons will be stated concisely in writing and filed with the clerk. Any justice or judge concurring or dissenting may likewise give reasons in writing and file the same with the clerk. The clerk’s entry in the court’s records constitutes the entry of the judgment of the court.

(d) Form of decision. An appellate court’s decision may be entered by order, opinion, or per curiam decision. An order will not stand as precedent but will otherwise have the same force and effect as other court decisions.

(e) Entry and notice of decision. The entry of the decision in the court’s records constitutes the entry of the court’s judgment. Immediately upon entering the decision, the clerk must give notice to the respective parties and make the decision public in accordance with the court’s direction.

(1) If the court’s decision is by order, the appellate clerk will transmit the order to the parties and to the lower court or agency.

(2) If the court’s decision is by opinion or per curiam decision, the decision will be published on the courts’ website at utcourts.gov.

(f) Citation of decisions. Published decisions of the Supreme Court and the Court of Appeals, and unpublished decisions of the Court of Appeals issued between October 1, 1998 and December 31, 2010, may be cited as precedent in all courts of the State. Other unpublished decisions may also be cited, so long as all parties and the court are supplied with accurate copies at the time all such decisions are first cited.

 

 

Rule 31. Expedited decisions.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2021

(a) Motion for expedited decision. After all briefs in an appeal have been filed, a party may move for an expedited decision without a written opinion. The motion must be in the form prescribed by Rule 27 and must describe: the nature of the case, the issues presented, and any special reasons the parties may have for an expedited decision.

(b) Cases that qualify for expedited decision. The following are matters that the court may consider for expedited decision without opinion:

(1) appeals where all parties stipulate to an expedited decision;

(2) appeals involving uncomplicated factual issues based primarily on documents;

(3) summary judgments;

(4) dismissals for failure to state a claim;

(5) dismissals for lack of personal or subject matter jurisdiction; and

(6) judgments or orders based on uncomplicated issues of law.

(c) Procedure for expedited decision. If a motion for expedited decision is granted, the appeal will be given an expedited setting for oral argument within 45 to 60 days from the date of the order granting the motion. Within two days after submission of the appeal, the court will conference, decide the case, and issue a written order which need not be accompanied by an opinion. The judgment of the court will be entered when the clerk dockets the order.

(d) Effect as precedent. Appeals decided under paragraph (e)will not stand as precedent but will otherwise have the same force and effect as other court decisions.

(e) Issuing a written opinion. If the court decides to issue a written opinion, the time limitation in paragraph (c) will not apply and the parties will be so notified.

 

 

Rule 32. Interest on judgment.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
 

Unless otherwise provided by law, if a judgment for money in a civil case is affirmed, whatever interest is allowed by law shall be payable from the date the judgment was entered in the trial court.

 

 

Rule 33. Damages for delay or frivolous appeal; recovery of attorney fees.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2020

(a) Damages for delay or frivolous appeal. Except in a first appeal of right in a criminal case, if the court determines that a motion made or appeal taken under these rules is either frivolous or for delay, it will award just damages, which may include single or double costs, as defined in Rule 34, and/or reasonable attorney fees, to the prevailing party. The court may order that the damages be paid by the party or by the party’s attorney.

(b) Definitions. For the purposes of these rules, a frivolous appeal, motion, brief, or other document is one that is not grounded in fact, not warranted by existing law, or not based on a good faith argument to extend, modify, or reverse existing law. An appeal, motion, brief, or other document interposed for the purpose of delay is one interposed for any improper purpose such as to harass, cause needless increase in the cost of litigation, or gain time that will benefit only the party filing the appeal, motion, brief, or other document.

(c) Procedures.

(1) The court may award damages on any party’s request or on its own motion. A party may request damages under this rule only as part of the appellee’s motion for summary disposition under Rule 10, as part of the appellee’s brief, or as part of a party’s response to a motion or other document.

(2) If the award of damages is on the court’s motion, the court will issue to the party, the party’s attorney, or both an order to show cause why such damages should not be awarded. The order to show cause will set forth the allegations that form the basis of the damages and permit at least ten days in which to respond unless otherwise ordered for good cause shown. The order to show cause may be part of the notice of oral argument.

(3) The court will not award damages without affording the party against whom damages may be awarded an opportunity to file a written objection. If a request for damages is included in a filing to which a response or reply is permitted by applicable rules or by a court order, any written objection to the request must be included in that response or reply. When applicable rules or a court order do not provide for a response or reply, the court will issue a notice affording the opposing party an opportunity to submit a written objection to the request for damages. Any hearing will be at the court’s discretion.

 

 

Rule 34. Costs.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2021

(a) To whom allowed. Costs are awarded only in civil cases. Except as otherwise provided by law or court order:

(1) if an appeal is dismissed, costs must be awarded for the appellee unless the parties agree otherwise;

(2) if a judgment or order is affirmed, costs must be awarded for the appellee;

(3) if a judgment or order is reversed, costs must be awarded for the appellant;

(4) if a judgment or order is affirmed or reversed in part, or is vacated, costs are awarded only as the court orders.

(b) Costs for and against the State of Utah. In cases involving the State of Utah or an agency or officer thereof, the court has discretion to award costs for or against the State unless specifically required or prohibited by law.

(c) Costs on appeal. The following costs may be awarded:

(1) $3.00 per page of a printed brief and attachments;

(2) actual costs incurred in preparing and transmitting the record, including costs of the reporter’s transcript unless the court orders otherwise;

(3) premiums paid for supersedeas or cost bonds to preserve rights pending appeal; and

(4) fees for filing and docketing the appeal.

(d) Bill of costs awarded after remittitur. A party claiming costs must, within 14 days after the remittitur is filed with the trial court clerk, serve on the adverse party and file with the trial court clerk an itemized and verified bill of costs. The adverse party may, within seven days of service of the bill of costs, serve and file a notice of objection, together with a motion to have the trial court award costs. If there is no objection to the cost bill within the allotted time, the trial court clerk must award the costs as filed and enter judgment for the party entitled thereto, which judgment will be entered in the judgment docket with the same force and effect as in the case of other judgments of record. If the cost bill of the prevailing party is timely opposed, the clerk, upon reasonable notice and hearing, must award the costs and enter a final determination and judgment in the docket with the same force and effect as in the case of other judgments of record. The clerk’s determination will be reviewable by the trial court upon the request of either party made within seven days of the entry of the judgment.

(e) Costs in other proceedings and agency appeals. In all other matters before the court, including appeals from an agency, costs may be allowed as in cases on appeal from a trial court. Within 14 days after the time to file a petition for rehearing expires or within 14 days after an order denying such a petition, the party to whom costs have been awarded may file with the appellate clerk and serve on the adverse party an itemized and verified bill of costs. The adverse party may, within seven days after the bill of costs is served, file a notice of objection and a motion to have the costs awarded by the clerk. If no objection to the cost bill is filed within the allotted time, the clerk must thereupon award the costs and enter judgment against the adverse party. If the adverse party timely objects to the cost bill, the clerk, upon reasonable notice and hearing, will determine and settle the costs, award the same, and a judgment will be entered thereon against the adverse party. The clerk’s determination will be reviewable by the court upon either party’s request made within seven days after judgment is entered. Unless otherwise ordered, oral argument will not be permitted. A judgment under this paragraph may be filed with the clerk of any district court in the state, who must docket the judgment in the same manner and with the same force and effect as district court judgments.


Advisory Committee Note

In an effort to conform with the Supreme Court’s directive to use plain language where possible, the Court approved changing the term “taxed” to “awarded.” No substantive change is intended with this amendment.

Adopted 2021.

 

 

Rule 35. Petition for rehearing.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2020

(a) Petition for rehearing.

(1) Petition. A petition for rehearing seeking to alter a decision in a manner that affects the substantive rights of the parties or any mandate or rule of law established by the decision may be filed only in cases in which the court issues an opinion, memorandum decision, per curiam decision, or order resolving the appeal on the merits.

(2) Time for filing. A petition for rehearing may be filed with the clerk within 14 days after the court issues an opinion, memorandum decision, per curiam decision, or order resolving the appeal on the merits, unless the time is shortened or enlarged by order.

(3) Contents of petition. The petition must succinctly state and explain the points of law or fact that the petitioner claims the court has overlooked or misapprehended and must contain such argument in support of the petition as the petitioner desires. The petitioner must certify that the petition is presented in good faith and not for delay.

(4) Response. No response to a petition for rehearing will be received unless requested by the court. Any response must be filed within 14 days after the entry of the order requesting the response, unless otherwise ordered by the court. A petition for rehearing will not be granted in whole or in part in the absence of a request for a response.

(5) Form of petition. The petition must be in the form prescribed by Rule 27(a), (b), and (d) with respect to contents of the cover and must include a copy of the decision to which it is directed.

(6) Length. Except by court order, a petition for rehearing and any response requested by the court may not exceed 15 pages.

(7) Action by court. The court may dispose of a petition for rehearing without reargument, or may restore the case to the calendar for reargument or resubmission, or may make such other orders as are deemed appropriate under the circumstances of the particular case.

(8) Untimely or consecutive petitions. Petitions for rehearing that are not timely presented under this rule and consecutive petitions will be rejected by the clerk.

(9) Amicus curiae. An amicus curiae may not file a petition for rehearing but may file a response to a petition if the court has requested a response under paragraph (a)(4).

(b) Nonsubstantive or clerical error.

(1) If a decision contains a nonsubstantive or clerical error, a party may promptly advise the appellate clerk by letter, with a copy to all other parties, identifying the error, suggesting how the error may be corrected, and stating the position of other parties regarding the requested correction. Any response must be made promptly and concisely.

(2) If the court concludes the letter requests a substantive revision, it may construe the letter as a petition for rehearing if timely filed under paragraph (a)(2) and call for a response.

(3) The court may make nonsubstantive corrections without prior notice to the parties.

 

 

Rule 36. Remittitur.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2020

(a) Date of issuance.

(1) The Supreme Court will issue a remittitur 15 days after the judgment is entered. If a petition for rehearing is timely filed, the remittitur will issue five days after the order disposing of the petition is entered.

(2) The Court of Appeals will issue a remittitur immediately after the time for filing a petition for writ of certiorari expires. If a petition for writ of certiorari is timely filed, the Court of Appeals will automatically stay issuing the remittitur until the Supreme Court’s disposition on the petition for writ of certiorari. If the Supreme Court denies the petition, the Court of Appeals will issue its remittitur five days after the order denying the petition is entered. If the Supreme Court grants the petition, jurisdiction of the appeal will transfer to the Supreme Court, and the Court of Appeals will close its file and transfer the record on appeal, if any, to the Supreme Court.

(3) The time to issue the remittitur may be otherwise stayed, enlarged, or shortened by court order. The court’s opinion, any direction as to costs, and the record of the proceedings will constitute the remittitur.

(b) Stay, supersedeas, or injunction pending application for review to the Supreme Court of the United States. A stay or supersedeas of the remittitur or an injunction pending application for review to the United States Supreme Court may be granted on motion and for good cause. Any motion for a stay of the remittitur or for approval of a supersedeas bond or for an order suspending, modifying, restoring, or granting an injunction during the appeal must be filed in the Utah Supreme Court. Reasonable notice of the motion must be given to all parties. The period of the stay, supersedeas, or injunction will be for such time as the court orders, up to and including the final disposition of the application for review. A bond or other security on such terms as the court deems appropriate may be required as a condition to the grant or continuance of relief under this paragraph. If the stay, supersedeas, or injunction is granted until the final disposition of the application for review, the party seeking the review must, within the time permitted for seeking the review, file with the clerk of the court that entered the decision sought to be reviewed, the notice of appeal, petition for writ of certiorari, or other application for review, or must file a certificate that such application for review has been filed. Upon filing an order of the United States Supreme Court dismissing the appeal or denying the petition for a writ of certiorari, the remittitur will issue immediately.

 

 

Rule 37. Suggestion of mootness; voluntary dismissal.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2022

(a) Suggestion of mootness. Any party aware of circumstances that render moot one or more of the issues presented for review must promptly file a “suggestion of mootness” in the form of a motion under Rule 23.

(b) Voluntary dismissal. At any time prior to the issuance of a decision an appellant may move to voluntarily dismiss an appeal or other proceeding. If all parties to an appeal or other proceeding agree that dismissal is appropriate and stipulate to a motion for voluntary dismissal, the appeal will be promptly dismissed. The stipulation must specify the terms as to payment of costs and fees, if any.

(c) Affidavit or declaration. If the appellant has the right to effective assistance of counsel, a motion to voluntarily dismiss the appeal for reasons other than mootness must be accompanied by appellant’s personal affidavit or declaration demonstrating that the appellant’s decision to dismiss the appeal is voluntary and is made with knowledge of the right to an appeal and the consequences of voluntary dismissal. If counsel for the appellant is unable to obtain the required affidavit or declaration from the appellant, the motion must be accompanied by counsel’s affidavit or declaration stating that, after reasonable efforts, counsel is unable to obtain the required affidavit or declaration and certifying that counsel has a reasonable factual basis to believe that the appellant no longer wishes to pursue the appeal.

Effective November 1, 2022 under Rule 11-105


Advisory Committee Note

“Declaration” refers to an unsworn declaration as described in Title 78B, Chapter 18a, Uniform Unsworn Declarations Act.

Adopted 2022

 

 

Rule 38. Substitution of parties.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2009

(a) Death of a party. If a party dies after a notice of appeal is filed or while a proceeding is otherwise pending in the court, the personal representative of the deceased party may be substituted as a party on motion filed by the representative or by any party. The motion of a party shall be served upon the representative in accordance with the provisions of Rule 21. If the deceased party has no representative, any party may suggest the death on the record and proceedings shall then be had as the court may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the trial court or agency but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. After the notice of appeal is filed, substitution shall be effected in accordance with this paragraph. If a party entitled to appeal dies before filing a notice of appeal, the notice of appeal may be filed by the deceased party's personal representative or, if there is no personal representative, by the deceased party's attorney of record. After the notice of appeal is filed, substitution shall be effected in accordance with this paragraph.

(b) Incompetency. If a party becomes incompetent, the court may allow the action to be maintained by or against the party’s representative upon good cause shown.

(c) Substitution for other causes. If substitution of a party is appropriate for any other reason, the court may substitute the party upon good cause shown.

(d) Public officers; death or separation from office.

(d)(1) When a public officer is a party to an appeal or other proceeding in an official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action does not abate and the public officer's successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.

(d)(2) When a public officer is a party to an appeal or other proceeding in an official capacity, the public officer may be described as a party by official title rather than by name; but the court may require the name to be added.

 

 

Rule 38A Withdrawal of counsel.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2016

(a)(1) Withdrawal in criminal cases and certain civil cases. An attorney may not withdraw from a criminal case or from a civil case in which that attorney’s client has the right to effective assistance of counsel except upon motion and order of the court. Absent good cause shown, leave to withdraw will not be granted unless the motion to withdraw is accompanied by an entry of proposed appearance by new counsel or a representation by the withdrawing attorney that the client is entitled to the appointment of new counsel.

(a)(2) Duration of representation by court-appointed counsel. Absent good cause shown for withdrawal, if a party has a right to effective assistance of counsel through the first appeal as of right, an attorney appointed to represent that party on appeal shall represent that party throughout the first appeal as of right, respond to a petition for writ of certiorari, file a petition for writ of certiorari if appointed counsel determines that such a petition is warranted, and brief and argue the merits if the Supreme Court grants certiorari review.

(b) Withdrawal in other civil cases.

(b)(1) When oral argument not scheduled. An attorney may withdraw without leave of court in any other civil case that has not been scheduled for oral argument. The withdrawing attorney shall serve notice of the withdrawal with the court and upon all parties, including his or her client.

(b)(2) When oral argument scheduled. An attorney may not withdraw from any other civil case that has been scheduled for oral argument except upon motion and order of the court. Absent good cause shown, leave to withdraw will not be granted unless the motion to withdraw is accompanied by an entry of proposed appearance of new counsel and new counsel's representation that oral argument may proceed as scheduled.

(b)(3) Notice to appoint or appear in person. If an attorney withdraws under subdivision (b)(1), dies, is suspended from the practice of law, is disbarred, or is removed from the case by the court, the opposing party shall, and the court may, serve a notice on the unrepresented party, informing the party of the responsibility to appoint new counsel or, if the unrepresented party is a natural person, the responsibility to appear personally or appoint new counsel. A copy of the notice served by the opposing party shall be filed with the court. No further proceedings shall be held in the case until 20 days after such a notice is served, unless the unrepresented party waives the time requirement or unless the court otherwise orders.

 

 

Rule 38B. Qualifications for appointed appellate counsel.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 10/8/2019

(a) In all appeals where a party is entitled to appointed counsel, only an attorney proficient in appellate practice may be appointed to represent such a party before either the Utah Supreme Court or the Utah Court of Appeals.

(b) The burden of establishing proficiency shall be on counsel. Acceptance of the appointment constitutes certification by counsel that counsel is eligible for appointment in accordance with this rule.

(c) Counsel is presumed proficient in appellate practice if any of the following conditions are satisfied:

(1) Counsel has briefed the merits in at least three appeals within the past three years or in 12 appeals total; or

(2) Counsel is directly supervised by an attorney qualified under subsection (c)(1); or

(3) Counsel has completed the equivalent of 12 months of full time employment, either as an attorney or as a law student, in an appellate practice setting, which may include but is not limited to appellate judicial clerkships, appellate clerkships with the Utah Attorney General’s Office, or appellate clerkships with a legal services agency that represents indigent parties on appeal; and during that employment counsel had significant personal involvement in researching legal issues, preparing appellate briefs or appellate opinions, and experience with the Utah Rules of Appellate Procedure.

(d) Counsel who do not qualify for appointment under the presumptions described above in subsection (c) may nonetheless be appointed to represent a party on appeal if the appointing court concludes there is a compelling reason to appoint counsel to represent the party and further concludes that counsel is capable of litigating the appeal. The appointing court shall make findings on the record in support of its determination to appoint counsel under this subsection.

(e) Notwithstanding counsel’s apparent eligibility for appointment under subsection (c) or (d) above, counsel may not be appointed to represent a party before the Utah Supreme Court or the Utah Court of Appeals if, during the three-year period immediately preceding counsel’s proposed appointment, counsel was the subject of an order issued by either appellate court imposing sanctions against counsel, discharging counsel, or taking other equivalent action against counsel because of counsel’s substandard performance before either appellate court.

(f) The fact that appointed counsel does not meet the requirements of this rule shall not establish a claim of ineffective assistance of counsel.

(g) An attorney who, before adoption of Rule 11-401 of the Utah Code of Judicial Administration, contracted with a government entity to represent indigent individuals on appeal is subject to the provisions of this rule. Upon termination, expiration, or renewal of the contract, the attorney is subject to the provisions of Rule 11-401.


Advisory Committee Note

Qualifications for appointed appellate counsel are governed by Utah Code of Judicial Administration (CJA) Rule 11-401. Rule 38B applies only to certain appointed attorneys operating under a contract predating the adoption of CJA Rule 11-401. Upon termination, expiration, or renewal of the contract, the attorney is subject to CJA Rule 11-401 exclusively.

Adopted 2020

 

 

Rule 39. Duties of the clerk.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
 

(a) General provisions. The office of the Clerk of the Court, with the clerk or a deputy in attendance, shall be open during business hours on all days except Saturdays, Sundays and legal holidays.

(b) The docket; calendar; other records required. The clerk shall keep a record, known as the docket, in form and style as may be prescribed by the court, and shall enter therein each case. The number of each case shall be noted on the page of the docket whereon the first entry is made. All papers filed with the clerk and all process, orders and opinions shall be entered chronologically in the docket on the pages assigned to the case. Entries shall be brief but shall show the nature of each paper filed or decision or order entered and the date thereof. The clerk shall keep a suitable index of cases contained in the docket.

(c) Minute book. The clerk may keep a minute book, in which shall be entered a record of the daily proceedings of the court. The clerk shall prepare, under the direction of the Chief Justice of the Supreme Court or the Presiding Judge of the Court of Appeals, a calendar of cases awaiting argument.

(d) Notice of orders. Immediately upon the entry of an order or decision, the clerk shall serve a notice of entry by mail upon each party to the proceeding, together with a copy of any opinion respecting the order or decision. Service on a party represented by counsel shall be made upon counsel.

(e) Custody of records and papers. The clerk shall have custody of the records and papers of the court. The clerk shall not permit any original record or paper to be removed from the court, except as authorized by these rules or the orders or instructions of the court. Original papers transmitted as the record on appeal or review shall upon disposition of the case be returned to the court or agency from which they were received. The clerk shall preserve copies of briefs and attachments, as well as other printed papers filed.

 

 

Rule 40. Attorney's or party's signature; representations to the court; sanctions and discipline.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2016

(a) Attorney’s or party’s signature. Every motion, brief, and other document must be signed by at least one attorney of record who is an active member in good standing of the Bar of this state or by a party who is self‑represented. A person may sign a document using any form of signature recognized by law as binding.

(b) Representations to court. The signature of an attorney or self‑represented party certifies that to the best of the person’s knowledge formed after an inquiry reasonable under the circumstances:

(1) the filing is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(2) the legal contentions are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(3) the factual contentions are supported by the record on appeal; and

(A) the filing contains no information or records classified as private, controlled, protected, safeguarded, sealed, juvenile court legal, or juvenile court social or any other information or records to which the right of public access is restricted by statute, rule, order, or case law; or

(B) a filing required by Rule 21(h) that does not contain information or records classified as private, controlled, protected, safeguarded, sealed, juvenile court legal, or juvenile court social or any other information or records to which the right of public access is restricted by statute, rule, order, or case law is being filed simultaneously.

(c) Sanctions and discipline of attorneys and parties. The court may, after reasonable notice and an opportunity to show cause to the contrary, and upon hearing, if requested, take appropriate action against any attorney or person who practices before it for inadequate representation of a client, conduct unbecoming a member of the Bar or a person allowed to appear before the court, or for failure to comply with these rules or order of the court. Any action to suspend or disbar a member of the Utah State Bar shall be referred to the Office of Professional Conduct of the Utah State Bar.

(d) Rule does not affect contempt power. This rule does not limit or impair the court’s inherent and statutory contempt powers.

(e) Appearance of counsel pro hac vice. An attorney who is licensed to practice before the bar of another state or a foreign country but who is not a member of the Bar of this state, may appear, pro hac vice upon motion, filed pursuant to Rule 14-806 of the Rules Governing the Utah State Bar. A separate motion is not required in the appellate court if the attorney has previously been admitted pro hac vice in the trial court or agency, but the attorney shall file in the appellate court a notice of appearance pro hac vice to that effect.


Advisory Committee Note

Court records are public unless otherwise classified as private, controlled, protected, safeguarded, sealed, juvenile court legal, or juvenile court social by the Utah Code of Judicial Administration. The right of public access may be restricted by statute (including the Government Records Access and Management Act), rule, case law, or court order. If a filing contains information or records that are not public, the filer must file an unredacted version for the court and a version for the public that does not contain the nonpublic information.

Adopted 2020

 

 

Rule 41. Certification of questions of law by United States courts.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2008

(a) Authorization to answer questions of law. The Utah Supreme Court may answer a question of Utah law certified to it by a court of the United States when requested to do so by such certifying court acting in accordance with the provisions of this rule if the state of the law of Utah applicable to a proceeding before the certifying court is uncertain.

(b) Procedure to invoke. Any court of the United States may invoke this rule by entering an order of certification as described in this rule. When invoking this rule, the certifying court may act either sua sponte or upon a motion by any party.

(c) Certification order.

(1) A certification order shall be directed to the Utah Supreme Court and shall state:

(A) the question of law to be answered;

(B) that the question certified is a controlling issue of law in a proceeding pending before the certifying court; and

(C) that there appears to be no controlling Utah law.

(2) The order shall also set forth all facts which are relevant to the determination of the question certified and which show the nature of the controversy, the context in which the question arose, and the procedural steps by which the question was framed.

(3) The certifying court may also include in the order any additional reasons for its entry of the certification order that are not otherwise apparent.

(d) Form of certification order; submission of record. A certification order shall be signed by the judge presiding over the proceeding giving rise to the certification order and forwarded to the Utah Supreme Court by the clerk of the certifying court under its official seal. The Supreme Court may require that all or any portion of the record before the certifying court be filed with the Supreme Court if the record or a portion thereof may be necessary in determining whether to accept the certified question or in answering that question. A copy of the record certified by the clerk of the certifying court to conform to the original may be substituted for the original as the record.

(e) Acceptance or rejection of certification. Upon filing of the certification order and accompanying papers with the clerk, the Supreme Court shall promptly enter an order either accepting or rejecting the question certified to it, and the clerk shall serve copies of the order upon the certifying court and all parties identified in the certification order. If the Supreme Court accepts the question, the Court will set out in the order of acceptance (1) the specific question or questions accepted, (2) the deadline for notifying the Supreme Court as to those portions of the record which shall be copied and filed with the Clerk of the Supreme Court, and (3) information as to when the briefing schedule will be established.

(f) Briefing; oral argument. The form of briefs and proceedings on oral argument will be governed by these rules except as such rules may be modified by the Supreme Court to accommodate the differences between the appeal process and the determination of a certified question. The clerk of the Supreme Court will provide written notice to the parties as to the schedule for the filing of briefs and content requirements, as well as the schedule and procedures for oral argument.

(g) Appearance of counsel pro hac vice. Upon acceptance by the Supreme Court of the question of law presented by the certification order, counsel for the parties not licensed to practice law in the state of Utah may appear pro hac vice upon motion filed pursuant to the Code of Judicial Administration.

(h) Issuance of opinion on certified questions. The Supreme Court will issue a written opinion that will be published and reported. A copy of the opinion shall be transmitted by the clerk under the seal of the Supreme Court to the certifying court and to the parties identified in the certification order.


Advisory Committee Note

 

 

Rule 42. Transfer of case from Supreme Court to Court of Appeals.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2011

(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 order of transfer shall be issued without opinion, written or oral, as to the merits of the appeal or the reasons for the transfer.

(b) Notice of order of transfer. Upon entry of the order of transfer the Clerk of the Supreme Court shall give notice of entry of the order of transfer by mail to each party to the proceeding and to the clerk of the trial court. Upon entry of the order of transfer, the Clerk of the Supreme Court shall transfer the original of the order and the case, including the record and file of the case from the trial court, all papers filed in the Supreme Court, and a written statement of all docket entries in the case up to and including the order of transfer, to the Clerk of the Court of Appeals.

(c) Receipt of order of transfer by Court of Appeals. Upon receipt of the original order of transfer from the Clerk of the Supreme Court, the Clerk of the Court of Appeals shall enter the appeal upon the Court of Appeals docket. The Clerk of the Court of Appeals shall immediately give notice to each party to the proceeding and to the clerk of the trial court that the appeal has been docketed and that all further filings will be made with the Clerk of the Court of Appeals. The notice shall state the docket number assigned to the case in the Court of Appeals.

(d) Filing or transfer of appeal record. If the record on appeal has not been filed with the Clerk of the Supreme Court as of the date of the order of transfer, the Clerk of the Supreme Court shall notify the clerk of the trial court that upon completion of the conditions for filing the record by that court, the clerk shall transmit the record on appeal to the Clerk of the Court of Appeals. If, however, the record on appeal has already been transmitted to and filed with the Clerk of the Supreme Court as of the date of the entry of the order of transfer, the Clerk of the Supreme Court shall transmit the record on appeal to the Clerk of the Court of Appeals within five days of the date of the entry of the order of transfer.

(e) Subsequent proceedings before Court of Appeals. Upon receipt by the Clerk of the Court of Appeals of the order of transfer and the entry thereof upon the docket of the Court of Appeals, the case shall proceed before the Court of Appeals to final decision and disposition as in other appellate cases pursuant to these rules.


Advisory Committee Note

 

 

Rule 43. Certification by the Court of Appeals to the Supreme Court.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2021

(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.

 

 

Rule 44. Transfer of improperly pursued appeals.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2020

If a notice of appeal, a petition for permission to appeal from an interlocutory order, or a petition for review is filed in a timely manner but is pursued in an appellate court that does not have jurisdiction in the case, the appellate court, either on its own motion or on motion of any party, will transfer the case, including the record on appeal, all motions and other orders, and a copy of the docket entries, to the court with jurisdiction in the case. The clerk of the transferring court will give notice to all parties and to the clerk of the trial court of the order transferring the case. The time for filing all papers in a transferred case will be calculated according to the time schedule of the receiving court.

 

 

Rule 45. Review of judgments, orders, and decrees of court of appeals.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2019

(a) Unless otherwise provided by law, the review of a judgment, an order, and a decree (herein referred to as "decisions") of the Court of Appeals shall be initiated by filing in the Utah Supreme Court a petition for a writ of certiorari to the Utah Court of Appeals.

(b) Unless the rule requires otherwise, every reference in Rules 45 through 51 to a petition or petitioner includes a cross-petition or cross-petitioner, respectively.

 

 

Rule 46. Considerations governing review of certiorari.
Rule printed on March 4, 2024 at 11:32 pm. 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.

 

 

Rule 47. Transmission of record; joint and separate petitions; cross-petitions; parties.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2015

(a) Joint and separate petitions; cross-petitions. Parties interested jointly, severally, or otherwise in a decision may join in a petition for a writ of certiorari; any one or more of them may petition separately; or any two or more of them may join in a petition. When two or more cases are sought to be reviewed on certiorari and involve identical or closely related questions, it will suffice to file a single petition for a writ of certiorari covering all the cases. A cross-petition for writ of certiorari shall not be joined with any other filing.

(b) Parties. All parties to the proceeding in the Court of Appeals shall be deemed parties in the Supreme Court, unless the petitioner notifies the Clerk of the Supreme Court in writing of the petitioner's belief that one or more of the parties below have no interest in the outcome of the petition. A copy of such notice shall be served on all parties to the proceeding below, and a party noted as no longer interested may remain a party by notifying the clerk, with service on the other parties, that the party has an interest in the petition.

(c) Transmission of record. When a petition for writ of certiorari is granted, the Clerk of the Supreme Court shall notify the Clerk of the Court of Appeals to transmit the record on appeal to the Supreme Court.

 

 

Rule 48. Time for petitioning.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2020

(a) Timeliness of petition. A petition for a writ of certiorari must be filed with the Supreme Court clerk within 30 days after the Court of Appeals’ final decision is issued, and not from the date the remittitur is issued. The docket fee must be paid when the petition is filed.

(b) Rejection of petition. The clerk will reject any petition for a writ of certiorari not timely filed or accompanied by the docket fee.

(c) Effect of petition for rehearing. If a petition for rehearing that complies with Rule 35(a) is timely filed by any party, the time for filing the petition for a writ of certiorari for all parties runs from the date the petition for rehearing is denied or a subsequent decision on the rehearing is issued. A request filed under Rule 35(b) does not affect the time for filing a petition for a writ of certiorari, unless the Court of Appeals treats the request as a petition for rehearing under Rule 35(a).

(d) Time for cross-petition.

(1) A cross-petition for a writ of certiorari must be filed:

(A) within the time provided in either paragraphs (a) or (c) of this rule; or

(B) within 30 days of the filing of the petition for a writ of certiorari.

(2) Any cross-petition that is timely only under paragraph (d)(1)(B) will not be granted unless a timely petition for a writ of certiorari of another party to the case is granted.

(3) The docket fee must be paid when the cross-petition is filed. The clerk will reject any cross-petition not accompanied by the docket fee.

(4) A cross-petition for a writ of certiorari may not be joined with any other filing. The clerk will reject any filing so joined.

(e) Time extensions.

(1) Before the time prescribed by paragraph (a) or (c) expires, the Supreme Court will grant a party’s request to extend the time for filing a petition or cross-petition, not to exceed 30 days past the prescribed time.

(2) Within 30 days after the time prescribed by paragraph (a) or (c) expires, a party may file a motion to extend the time for filing a petition or cross-petition. The Supreme Court will grant the motion only upon a showing of good cause or excusable neglect. No extension may exceed 30 days past the prescribed time or 14 days from the date the order granting the motion is entered, whichever occurs later, and no more than one extension will be granted. The Supreme Court may rule at any time after the motion is filed.

 

 

Rule 49. Petition for writ of certiorari.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2019

(a) Contents. The petition for a writ of certiorari shall contain, in the order indicated:

(a)(1) A list of all parties to the proceeding in the court whose judgment is sought to be reviewed, except where the caption of the case in the Supreme Court contains the names of all parties.

(a)(2) A table of contents with page references.

(a)(3) A table of authorities with cases alphabetically arranged and with parallel citations, agency rules, court rules, statutes, and authorities cited, with references to the pages of the petition where they are cited.

(a)(4) The questions presented for review, expressed in the terms and circumstances of the case but without unnecessary detail. The statement of the questions should be short and concise and should not be argumentative or repetitious. General conclusions, such as "the decision of the Court of Appeals is not supported by the law or facts," are not acceptable. The statement of a question presented will be deemed to comprise every subsidiary question fairly included therein. Only the questions set forth in the petition or fairly included therein will be considered by the Supreme Court.

(a)(5) A reference to the official and unofficial reports of any opinions issued by the Court of Appeals.

(a)(6) A concise statement of the grounds on which the jurisdiction of the Supreme Court is invoked, showing:

(a)(6)(A) the date of the entry of the decision sought to be reviewed;

(a)(6)(B) the date of the entry of any order respecting a rehearing and the date of the entry and terms of any order granting an extension of time within which to petition for certiorari;

(a)(6)(C) reliance upon Rule 48(d)(1)(B), where a cross-petition for a writ of certiorari is filed, stating the filing date of the petition for a writ of certiorari in connection with which the cross-petition is filed; and

(a)(6)(D) the statutory provision believed to confer jurisdiction on the Supreme Court.

(a)(7) Controlling provisions of constitutions, statutes, ordinances, and regulations set forth verbatim with the appropriate citation. If the controlling provisions involved are lengthy, their citation alone will suffice and their pertinent text shall be set forth in the appendix referred to in subparagraph (10) of this paragraph.

(a)(8) A statement of the case. The statement shall first indicate briefly the nature of the case, the course of the proceedings, and its disposition in the lower courts. There shall follow a statement of the facts relevant to the issues presented for review. All statements of fact and references to the proceedings below shall be supported by citations to the record on appeal or to the opinion of the Court of Appeals.

(a)(9) With respect to each question presented, a direct and concise argument explaining the special and important reasons as provided in Rule 46 for the issuance of the writ.

(a)(10) An appendix containing, in the following order:

(a)(10)(A) copies of all opinions, including concurring and dissenting opinions, and all orders, including any order on rehearing, delivered by the Court of Appeals in rendering the decision sought to be reviewed;

(a)(10)(B) copies of any other opinions, findings of fact, conclusions of law, orders, judgments, or decrees that were rendered in the case or in companion cases by the Court of Appeals and by other courts or by administrative agencies and that are relevant to the questions presented. Each document shall include the caption showing the name of the issuing court or agency, the title and number of the case, and the date of its entry; and

(a)(10)(C) any other judicial or administrative opinions or orders that are relevant to the questions presented but were not entered in the case that is the subject of the petition.

If the material that is required by subparagraphs (7) and (10) of this paragraph is voluminous, they may be separately presented.

(b) Form of petition. The petition for a writ of certiorari shall comply with the form of a brief as specified in Rule 27.

(c) No separate brief. All contentions in support of a petition for a writ of certiorari shall be set forth in the body of the petition, as provided in subparagraph (a)(9) of this rule. The petitioner shall not file a separate brief in support of a petition for a writ of certiorari. If the petition is granted, the petitioner will be notified of the date on which the brief in support of the merits of the case is due.

(d) Page limitation. The petition for a writ of certiorari shall be as short as possible, but may not exceed 20 pages, excluding the subject index, the table of authorities, any verbatim quotations required by subparagraph (a)(7) of this rule, and the appendix.

(e) Absence of accuracy, brevity, and clarity. The failure of a petitioner to present with accuracy, brevity, and clarity whatever is essential to a ready and adequate understanding of the points requiring consideration will be a sufficient reason for denying the petition.

 

 

Rule 50. Response; reply.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2023

(a) Response. No petition for writ of certiorari will be granted absent a request by the court for a response, and no response will be received unless requested by the court. Within 30 days after an order requesting a response, any other party may file a response. The response must comply with Rule 27 and, as applicable, Rule 49.

(b) Page limitation. A response must be as short as possible and may not exceed 20 pages, excluding the table of contents, the table of authorities, and the appendix.

(c) Objections to jurisdiction. The court will not accept a motion to dismiss a petition for a writ of certiorari. Objections to the Supreme Court’s jurisdiction to grant the petition may be included in the response.

(d) Reply. A petitioner may file a reply addressed to arguments first raised in the response within 7 days after the response is served, but distribution of the petition and response to the court ordinarily will not be delayed pending the filing of any such reply unless the response includes a new request for relief, such as an award of attorney fees for the response. The reply must be as short as possible,may not exceed five pages, and must comply with Rule 27.

 

 

Rule 51. Disposition of petition for writ of certiorari.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 12/1/2018

(a) Order after consideration. The Supreme Court will enter an order denying the petition or granting the petition in whole or in part. The order shall be decided summarily, shall be without oral argument, and shall not constitute a decision on the merits. The clerk shall not issue a formal writ unless directed by the Supreme Court.

(b) Grant of petition.

(b)(1) Whenever an order granting a petition for a writ of certiorari is entered, the Clerk of the Supreme Court forthwith shall notify the Clerk of the Court of Appeals and counsel of record.

(b)(2) If the record has not previously been filed, the Clerk of the Supreme Court shall request the clerk of the court with custody of the record to certify it and transmit it to the Supreme Court.

(b)(3) The clerk shall file the record and give notice to the parties of the date on which it was filed and the date on which petitioner's brief is due.

(b)(4) Rules 24 through 31 shall govern briefs, argument, and disposition of the petition for writ of certiorari. In applying Rules 24 through 31, the petitioner shall stand in the place of the appellant and the respondent in the place of the appellee. In lieu of providing the citation or statements required by Rules 24(a)(5)(A) and (B), the statement of the issues presented for review as required by Rule 24(a)(5) shall include, for each issue, a statement and citation showing that the issue was presented in the petition for certiorari or fairly included therein.

(c) Denial of petition. Whenever a petition for a writ of certiorari is denied, an order to that effect will be entered, and the Clerk of the Supreme Court forthwith will notify the Court of Appeals and counsel of record.

 

 

Rule 52. Child welfare appeals.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/1/2023
Approved language changes effective on: 5/1/2024
View approved amendments for this rule
View all approved rule amendments

(a) Time for appeal. A notice of appeal from an order in a child welfare proceeding, as defined in Rule 1(f), must be filed within 15 days of the entry of the order appealed from. If the juvenile court enters an order on a Saturday, Sunday, or legal holiday, the date of entry will be deemed to be the first day following the juvenile court’s entry that is not a Saturday, Sunday, or legal holiday.

(b) Time for appeal extended by certain motions.

(1) If a party timely files in the trial court any of the following, the time for all parties to appeal from the judgment runs from the entry of the dispositive order:

(A) A motion for judgment under Rule 50(b) of the Utah Rules of Civil Procedure;

(B) A motion to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted, under Rule 52(b) of the Utah Rules of Civil Procedure;

(C) A motion to alter or amend the judgment under  Rule 59 of the Utah Rules of Civil Procedure; or

(D) A motion for a new trial under Rule 59 of the Utah Rules of Civil Procedure.

(2) A notice of appeal filed after announcement or entry of judgment, but before entry of an order disposing of any motion listed in paragraph (b), will be treated as filed after entry of the order and on the day thereof, except that the notice of appeal is effective to appeal only from the underlying judgment. To appeal from a final order disposing of any motion listed in paragraph (b)(1), a party must file a notice of appeal or an amended notice of appeal within the prescribed time measured from the entry of the order.

(c) Time for cross-appeal. If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 5 days after the first notice of appeal was filed, or within the time otherwise prescribed by paragraphs (a) and (b) of this rule, whichever period last expires.

(d) Appeals of interlocutory orders. Appeals from interlocutory orders are governed by Rule 5.

 

 

Rule 53. Notice of appeal.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/3/2004

(a) Filing and contents. A notice of appeal filed pursuant to Rule 52(a) must be filed with the clerk of the juvenile court where the order was entered. The notice shall specify the party or parties taking the appeal; shall designate the judgment or order, or part thereof, appealed from; shall designate the court from which the appeal is taken; and shall designate the court to which the appeal is taken. The notice of appeal shall substantially comply with the notice of appeal form that accompanies these rules.

(b) Signature or Diligent Search. The notice of appeal must be signed by appellant’s counsel and by appellant, unless the appellant is a minor child or state agency. Counsel filing a notice of appeal without appellant’s signature shall contemporaneously file, with the clerk of the juvenile court, a certification that substantially complies with the Counsel’s Certification of Diligent Search form that accompanies these rules. An amended notice of appeal adding appellant’s signature shall be filed within 15 days of the filing of the notice of appeal or the appeal shall be dismissed.

(c) Service. The appellant shall serve a copy of the notice on counsel of record of each party, including the Guardian ad Litem, or, if the party is not represented by counsel, then on the party at the party’s last known address, in the manner prescribed in Rule 3(e). Promptly after filing the notice of appeal with the clerk of the juvenile court, the appellant shall mail or deliver an informational copy of such notice to the clerk of the Court of Appeals.

 

 

Rule 54. Transcripts.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2021

(a) Duty of appellant to request transcript. Within four days after filing the notice of appeal, the appellant must order the transcripts online at legacy.utcourts.gov, specifying the entire proceeding or parts of the proceeding to be transcribed that are not already on file.

(b) If appellant intends to urge on appeal that a finding or conclusion is unsupported by or is contrary to the evidence, the appellant must include in the record a transcript of all evidence relevant to such finding or conclusion. Neither the court nor the appellee is obligated to correct appellant’s deficiencies in providing the relevant portions of the transcript.

(c) Notice that no transcript needed. If no parts of the proceeding need to be transcribed, within four days after filing the notice of appeal, the appellant must file a notice to that effect with the Court of Appeals clerk.

 

 

Rule 55. Petition on appeal.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2021

(a) Filing; dismissal for failure to timely file. The appellant must file with the Court of Appeals clerk a petition on appeal within 15 days from transmission of the record on appeal by the Court of Appeals to each party. The petition will be deemed filed on the date of the postmark if first-class mail is used. Filing of the petition must be in accordance with Rule 21(a). If the petition on appeal is not timely filed, the court may dismiss the appeal or take other appropriate action. The petition must be accompanied by proof of service. The appellant must serve a copy on counsel of record of each party, including the Guardian ad Litem, or, if the party is not represented by counsel, then on the party at the party’s last known address, in the manner prescribed in Rule 21(c).

(b) Preparation by counsel. If the petitioner has appointed counsel in the juvenile court, or has been found to be indigent, then the petition on appeal must be prepared by appellate counsel appointed pursuant to the requirements of Rule 11-401 of the Utah Code of Judicial Administration. Counsel must be appointed within 21 days from the filing of the original notice of appeal. Otherwise, the petition on appeal must be prepared by appellant’s trial counsel.

(c) Format. All petitions on appeal must substantially comply with the Petition on Appeal form that accompanies these rules. The petition must not exceed 5,000 words, excluding the attachments required by Rule 55(d)(7). The petition must comply with Rule 27(a) and (b), except that it may be printed or duplicated on one side of the sheet.

(d) Contents. The petition on appeal must include all of the following elements:

(1) A statement of the nature of the case and the relief sought.

(2) The entry date of the judgment or order on appeal.

(3) The date and disposition of any post-judgment motions.

(4) A concise statement of the material adjudicated facts as they relate to the issues presented in the petition on appeal.

(5) A statement of the legal issues presented for appeal, how they were preserved for appeal, and the applicable standard of review. The issue statements should be concise in nature, setting forth specific legal questions. General, conclusory statements such as "the juvenile court’s ruling is not supported by law or the facts" are not acceptable.

(6) The petition should include supporting statutes, case law, and other legal authority and argument for each issue raised, including authority contrary to appellant’s case, if known.

(7) The petition on appeal must have attached to it:

(A) a copy of the order, judgment, or decree on appeal;

(B) a copy of any rulings on post-judgment motions.

 

 

Rule 56. Response to petition on appeal.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2021

(a) Filing. Any appellee, including the Guardian ad Litem, may file a response to the petition on appeal with the appellate clerk within 15 days after service of the appellant's petition on appeal. Filing of the petition must be in accordance with Rule 21(a). The response must be accompanied by proof of service to counsel of record of each party, including the Guardian ad Litem, or, on the party if the party is not represented by counsel. The response will be deemed filed on the date of the postmark if first-class mail is utilized.

(b) Format. A response must substantially comply with the Response to Petition on Appeal form that accompanies these rules. The response may not exceed 5,000 words, excluding any attachments, and must comply with Rule 27.


 

 

Rule 57. Record on appeal; transmission of record.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2021

(a) The record on appeal must include the legal file, any exhibits admitted as evidence, and any transcripts.

(b) The record will be transmitted by the juvenile court clerk to the Court of Appeals clerk upon the request of an appellate court.

 

 

Rule 58. Ruling.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 11/1/2021

(a) After reviewing the petition on appeal, any response, and the record, the Court of Appeals may rule by opinion, memorandum decision, or order. The Court of Appeals may issue a decision or may set the case for full briefing underRule 24. The Court of Appeals may order an expedited briefing schedule and specify which issues must be briefed.

(b) If the Court of Appeals affirms, reverses, or remands the juvenile court order, judgment, or decree, further review pursuant to Rule 35 may be sought, but refusal to grant full briefing will not be a ground for such further review.



 

 

Rule 59. Extensions of time.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 5/3/2004

(a) Extension of time to appeal. The juvenile court, upon a showing of good cause or excusable neglect, may extend the time for filing a notice of appeal upon motion filed prior to the expiration of time prescribed by Rule 52. No extension shall exceed 10 days past the prescribed time or 10 days from the date of entry of the order granting the motion, whichever occurs later.

(b) Extension of time to file petition on appeal or response. The Court of Appeals for good cause shown may extend the time for filing a petition on appeal or a response to the petition on appeal upon motion filed prior to the expiration of the time for which the extension is sought. No extension shall exceed 10 days past the original due date or 10 days from the date of entry of the order granting the motion, whichever occurs later. The motion shall comply with Rule 22(b)(4).

 

 

Rule 60. Judicial bypass appeals.
Rule printed on March 4, 2024 at 11:32 pm. Go to https://www.utcourts.gov/rules for current rules.
Effective: 1/31/2007

(a) Scope. This rule applies to an appeal from an order denying or dismissing a petition filed by a minor to bypass parental consent to an abortion under Utah Code Ann. § 76-7-304.5. In such appeals, this rule supercedes the other appellate rules to the extent they may be inconsistent with this rule.

(b) Jurisdictional limitation. This rule does not permit an appeal to be taken in any circumstances in which an appeal would not be permitted by Rule 3.

(c) Notice of appeal.

(c)(1) A minor may appeal an order denying or dismissing a petition to bypass parental consent by filing a notice of appeal in the juvenile court within the time allowed under Rule 4. The notice of appeal may be filed in person, by mail, or by fax, and must be accompanied by a copy of the order from which the appeal is taken. No filing fee will be charged. The clerk of the juvenile court shall immediately notify the clerk of the court of appeals that the appeal has been filed.

(c)(2) The notice of appeal must indicate that the appeal is being filed pursuant to this rule, but the court will apply this rule to cases within its scope whether they are so identified or not.

(c)(3) Blank notice of appeal forms will be available at all juvenile court locations and will be mailed or faxed to a minor upon request. No fee will be charged for this service or other services provided to a minor in an appeal under this rule.

(d) Record on appeal. The record on appeal consists of the juvenile court file, including all papers and exhibits filed in the juvenile court, and a recording or transcript of the proceedings before the juvenile court. The clerk of the court of appeals shall request the record immediately upon receiving notice that the appeal has been filed. Upon receiving this request, the clerk of the juvenile court shall immediately transmit the record to the court of appeals by overnight mail or in another manner that will cause it to arrive within 48 hours after the notice of appeal is filed.

(e) Brief. A brief is not required. However, the minor may file a typewritten memorandum in support of the appeal. The memorandum shall be submitted within two judicial days after the notice of appeal is filed.

(f) Oral argument. If ordered by the court, oral argument will be held within three judicial days after the notice of appeal is filed. The court of appeals clerk will immediately notify the minor of the date and time for oral argument. Upon request, the minor will be allowed to participate telephonically at court system expense.

(g) Disposition. The court shall enter an order stating its decision immediately after oral argument or, if oral argument is not held, within three judicial days after the date the notice of appeal is filed. The clerk shall immediately notify the minor of the decision. The court may issue an opinion explaining the decision at any time following entry of the order. The opinion shall be written to ensure the confidentiality of the minor.

(h) Confidentiality. Documents and proceedings in an appeal under this rule are confidential. Court personnel are prohibited from notifying the minor’s parents, guardian, or custodian that the minor is pregnant or wants to have an abortion, or from disclosing this information to any member of the public.

(i) Attorney. If the minor is not represented by an attorney, the court shall consider appointing an attorney or the Office of Guardian ad Litem to represent the minor in the appeal. If an attorney or the Office of Guardian ad Litem was appointed to represent the minor in the trial court, the appointment continues through appeal.