Author: Utah Courts

Utah Rules of Appellate Procedure

URAP 11. The record on appeal. Amend. Technical change. Effective April 1, 2005. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period. Supreme Court Order.
URAP 29. Oral argument. Amend. Limits the appellant’s reply argument to points made in the appellee’s argument.
URAP 48. Time for petitioning. Amend. Changes to 7 the number of copies to be filed on a petition for writ of certiorari.
URAP 50. Brief in opposition; reply brief; brief of amicus curiae. Amend. Changes to 7 the number of copies to be filed on a brief in opposition, reply brief and brief of amicus curiae.
Supreme Court Order.

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Utah Rules of Civil Procedure

URCP 062. Stay of proceedings to enforce a judgment. Amend. Establishes guidelines for determining the amount of a supersedeas bond. Establishes a maximum supersedeas bond. Effective February 4, 2005. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.
Supreme Court Order.

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Utah Rules of Appellate Procedure

URAP 01. Scope of rules. Amend. Recognizes the new rules governing appeals in child welfare cases.
URAP 02. Suspension of rules. Amend. Adds a reference to two of the new child welfare rules.
URAP 52. Child Welfare Appeals. New. A notice of appeal must be filed within 15 days from the order to be appealed. Cross-appeals must be filed within 15 days.
URAP 53. Notice of Appeal. New. Describes the contents and service requirements of the notice of appeal.
URAP 54. Transcript of Proceedings. New. Any necessary transcripts must be requested within 4 days after an appeal is filed.
URAP 55. Petition on Appeal. New. The appellant must file a petition on appeal within 15 days from the notice of appeal. The rule describes the format and contents of the petition.
URAP 56. Response to Petition on Appeal. New. A response to the petition on appeal must be filed with 15 days.
URAP 57. Record on Appeal; transmission of record. New. Establishes what is considered to be the record on appeal and when it must be transmitted.
URAP 58. Ruling. New. The court will issue a ruling based on the record on appeal, the petition, and the response, or the court can order that the case be fully briefed.
URAP 59. Extensions of time. New. The rule describes the procedure and circumstances for extensions of time to file the appeal, the petition, or the response.

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Code of Judicial Administration

CJA 11-303. Special admission exception for military lawyers. New. Permits qualified military lawyers on active duty who reside, but are not licensed in Utah, to provide uncompensated limited legal services to military personnel and their dependents who suffer substantial financial hardship.

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Utah Rules of Juvenile Procedure

URJP 44. Findings and conclusions. Amend. Clarifies requirement to review proposed order prior to signing.
URJP 45. Pre disposition reports and social studies. Amend. Identifies the official responsible for delivery of the pre-disposition report.
URJP 46. Disposition hearing. Amend. Clarifies requirement to prepare proposed order and review it prior to signing.
URJP 53. Appearance and withdrawal of counsel. Amend. Modifies certification of counsel for withdrawal after final order.

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Utah Rules of Evidence

URE 608. Evidence of character and conduct of witness. Amend. Changes rule to be consistent with changes to the Federal Rule.
URE 803. Hearsay exceptions; availability of declarant immaterial. Amend. Transfers Rule 803(24) and Rule 804(b)(5) to a new Rule 807 to reflect changes to the Federal Rules of Evidence.
URE 804. Hearsay exceptions; declarant unavailable. Amend. Transfers Rule 803(24) and Rule 804(b)(5) to a new Rule 807 to reflect changes to the Federal Rules of Evidence.
URE 807. Other Exceptions. Amend. Transfers Rule 803(24) and Rule 804(b)(5) to a new Rule 807 to reflect changes to the Federal Rules of Evidence.

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