Category: -Rules of Appellate Procedure

URAP008. Stay or injunction pending appeal. Rule 8 is being amended to remove references to specific subparagraphs within Rule 62 of the Utah Rules of Civil Procedure. Rule 62 was significantly amended effective November 1, 2021. Those amendments deleted the prior subparagraph (d). Thus, the current reference in Rule 8(b)(1) of the Utah Rules of Appellate Procedure to “Rule 62(d) of the Utah Rules of Civil Procedure” no longer makes sense. To avoid future problems, the Committee also suggests modifying Appellate Rule 8’s subparagraph (c) because it also contains a reference to a specific subparagraph of Civil Rule 62.

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URAP005. Discretionary appeals from interlocutory orders. Final Rule 5 is amended to: (1) clarify what will be deemed the entry date for an order that is entered on a weekend or legal holiday; and (2) clean up language for clarity and consistency.

URAP011. The record on appeal. Final Rule 11 is amended to: (1) add a requirement that parties include the position of all other parties when filing a motion to supplement the record; and (2) change the reference to Rule 11(e)(1) to (c)(1).

URAP022. Computation and enlargement of time. Final Rule 22 is amended to: (1) clarify what will be deemed the entry date for an order that is entered on a weekend or legal holiday; (2) clarify “legal holiday” and provide a link to the Utah Court’s website that lists the holidays on which the Utah State Courts are closed; (3) add a requirement that parties include the position of all other parties when filing a motion; and (4) clean up language for clarity and consistency.

URAP052. Child welfare appeals. Final Rule 52 is amended to: (1) clarify what will be deemed the entry date for an order that is entered on a weekend or legal holiday; and (2) clean up format for consistency.

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URAP004. Appeal as of right: when taken. S.B. 18, the Public Expression Protection Act, originally sought to impose a 21-day deadline to file a notice of appeal from the denial of an expedited motion to dismiss a lawsuit under the Act. But the Utah Supreme Court’s legislative liaison recognized that including a deadline to file a notice of appeal in a statute could raise constitutional questions about whether that deadline infringes the Court’s procedural rulemaking authority. There was not enough time left in the legislative session for the legislature to pursue a joint resolution to amend the rules of appellate procedure to add the new deadline. Thus, to avoid future litigation on the constitutional issue, court and legislative personnel worked jointly to amend rule 4 to include the new deadline to take effect simultaneously with the bill’s effective date of May 3, 2023.  The Court has accordingly adopted the amendment to rule 4 on an expedited basis, with the public comment period to follow, pursuant to rule 11-105(5) of the Utah Rules of Judicial Administration.

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URAP014. Review of administrative orders: how obtained; intervention. Amend. The amendments to Rule 14, which addresses review of administrative orders, is to allow parties to file a cross-petition when a petition for review is filed by another party. The amendments respond to the Utah Court of Appeals’ observation that allowing cross-petitions in administrative appeals would further judicial efficiency. See Watson v. Lab. Comm’n, 2020 UT App 170, ¶1 n.1, 480 P.3d 353.

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URAP010. Procedures for summary disposition or simplified appeal process. Amend. The amendments to Rule 10, paragraph (d): address enlargements of time for filing memoranda under the simplified appeals process to make the language regarding the deadline for such motions consistent with that in Rules 22(a) and 22(b)(3).

URAP011. The record on appeal. Amend. The amendments to Rule 11: (1) address the Court’s concerns—that arose in Arreguin-Leon v. Hadco Constr., LLC, 2020 UT 59, 472 P.3d 927—about defining what constitutes the record on appeal and the procedures for correcting or supplementing the record on appeal; (2) clarify and adjust the deadlines for ordering transcripts, ensuring that indigent parties have the opportunity to review the case before being required to order transcripts; (3) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (4) make other changes to conform with the Appellate Clerks’ Office current practice.

URAP012. Transmitting the record. Amend. The amendments to Rule 12: (1) recognize the current practice of utilizing electronic records and the appellate court’s transcript management system; (2) incorporate the Court’s Standing Order 11 (regarding filing documents by email); and (3) make other changes to conform with the Appellate Clerks’ Office current practice.

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URAP025. Amicus curiae briefs. Amend.  Amended rule to: (1) modify the language throughout to rule to mirror the federal rule; (2) incorporate the language from Rule 50 regarding amicus curiae briefs; (3) allow an amicus curiae brief to be filed without leave of court if all parties have consented to its filing; (4) provide a word count length requirement; (5) change the due date from 21 days to 14 days in 25(d); (6) add language in 25(g) addressing responsive briefs; (7) change the due date from 14 days to 7 days in 25(a); and (8) clean up other language for clarity and consistency.

URAP050. Response; reply. Amend. Amended rule to: (1) remove all mention of amicus curiae briefs and incorporate that language into Rule 25; (2) replace the phrase “subject index” with “table of contents” in 50(b); (3) change the due date from 14 days to 7 days in 50(d); (4) incorporate Standing Order 11; and (5) clean up other language for clarity and consistency.

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URJP008. Rights of minors while in detention. Repealed. Rule 8 is repealed because the rule has been superseded by Utah Code sections 80-6-205 and 80-6-206.

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URAP023. Motions. The amendments to Rule 23 are intended to: (1) remove all language regarding form requirements in 23(f) and incorporate that language into Rule 27; and (2) clean up other language for clarity and consistency.

URAP027. Form of briefs, notions, and other documents. The amendments to Rule 27 are intended to: (1) combine form requirements for briefs, motions, and other documents into one rule; (2) incorporate language regarding form requirements from Rule 23(f); and (3) clean up other language for clarity and consistency.

URAP030.   Decision of the court; notice of decision. The amendments to Rule 30 are intended to: (1) clarify what constitutes the entry of a decision in 30 (d) and (e); and (2) clean up other language for clarity and consistency.

URAP031.  Expedited decisions. The amendments to Rule 31 are intended to: (1) include language in 31(b)(1)allowing the court to consider expedited decision upon stipulation of parties; (2) remove the language in (d) regarding appeals ineligible for expedited decision; and (3) clean up other language for clarity and consistency.

URAP054.  Transcripts. The amendments to Rule 54 are intended to: (1) update instructions for ordering transcripts in 54(a); and (2) clean up other language for clarity and consistency.

URAP055.  Petition on appeal. The amendments to Rule 55 are intended to: (1) change the deadline in Rule 55(a) for filing the petition on appeal to 15 days from transmission of the record, rather than from filing the notice of appeal; (2) modify 55(b) to allow appointed appellate counsel to file the petition on appeal; (3) include a requirement that appellate counsel be appointed within 21 days of the notice of appeal in 55(b); and (4) clean up other language for clarity and consistency.

URAP056.  Response to petition on appeal. The amendments to Rule 56 are intended to: (1) replace the page requirement with a word requirement in 56(b); (2) comport the rule with Standing Order 11; and (3) clean up other language for clarity and consistency.

URAP057.   Record on appeal; transmission of record. The amendments to Rule 57 are intended to update language regarding record transmission in 57(b).

URAP058.  Ruling. The amendments to Rule 58 are intended to remove the language in 58(b) regarding the remand to juvenile court to appoint appellate counsel.

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