Rules of Appellate Procedure – Effective November 1, 2020

URAP003. Appeal as of right–how taken. Amend. The amendments to Rule 3: (1) incorporate the advisory committee note into paragraph (f), (2) update the reference of a clerk transmitting a certified copy in paragraph (g)(1) to the current practice of emailing the notice of appeal, and (3) clarify and cleanup the language.

URAP008. Stay or injunction pending appeal. Amend. The Rule 8 amendments: (1) amend paragraph (a) to parallel the federal Rule 8 except that only in extraordinary circumstances will an appellate court act on certain motions where the movant failed to request a stay or opposed an injunction in the trial court; (2) add requirements for bonds in paragraph (b); and (3) add new paragraph (c), which provides that for requests for relief to which Rules 65A or 62(c) of the Utah Rules of Civil Procedure applied in the trial court, any relief available pending appeal is governed by those rules.

Supreme Court Order


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One thought on “Rules of Appellate Procedure – Effective November 1, 2020
  1. Vance

    The rule on stays seems to ignore stays from decisions from Administrative agencies. For instance, the new rule talks about a mandatory bond, but I am not aware of any bond requirement in appeals from the Labor Commission or other agencies.

    Further: how does this new rule interact with Utah Code §63G-4-405, which is the Utah Administrative Procedures Act’s section on stays of agency decisions? The statute gives 3-4 criteria that must be met before the Court may grant a stay of an agency decision; does that apply in the Court of Appeals and Supreme Court? Some of the 4 factors in that statute are in this new proposed rule but not all.

    I think the Supreme Court and the Rules Committee should address Administrative Agency appeals and how to get a stay from them as another category besides civil and criminal cases.

    Thank you