Category: -Rules of Appellate Procedure

URAP 001. Scope of rules. Amend. Makes technical changes and clarifies which appellate rules apply in child welfare proceedings.
URAP 004. Appeal as of right; when taken. Amend. Clarifies the process for filing a motion for extension of time to file a notice of appeal based on good cause or based on good cause or excusable neglect.
URAP 019. Extraordinary writs. Amend. Changes references to rule 8A to rule 23C in line with the renumbering of rule 8A effective November 1, 2014.
URAP 025. Brief of amicus curiae or guardian ad litem. Amend. Makes technical changes and clarifies that the deadline for filing a motion for leave to file a brief of amicus curiae or guardian ad litem does not apply when a motion for leave is filed under URAP 50(f).
URAP 047. Certification and transmission of record; joint and separate petitions; cross-petitions; parties. Rename and amend. Removes the requirement for certification of the record. Provides that 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 when a petition for certiorari has been granted.
URAP 048. Time for petitioning. Amend. Clarifies the process for filing a motion for extension of time to file a petition for writ of certiorari based on good cause or based on good cause or excusable neglect.
Supreme Court Order.

URAP 005. Discretionary appeals from interlocutory orders. Amend. Sets a page limit for a petition for permission to appeal and describes how relevant documents may be referenced; provides that a response to a petition for permission to appeal will not be received unless requested by the court; and provides that cross-petitions for permission to appeal are not permitted.
URAP 023. Motions. Amend. Provides that a reply may be filed no later than five days after service of the response, but allows the court to rule on the motion without awaiting a reply.
URAP 035. Petition for rehearing. Amend. Provides the circumstances under which a party may petition for rehearing.
URAP 037. Suggestion of mootness; voluntary dismissal. Amend. Provides that an appellant’s personal affidavit demonstrating that the decision to dismiss is voluntary need only be filed on a motion to dismiss for reasons other than mootness.
Supreme Court Order.

URAP 014. Review of administrative orders: how obtained; intervention. Amend. Clarifies that payment of the filing fee is not jurisdictional, making the rule consistent with rule 3.
URAP 024. Briefs. Amend. Adds a word count limit in death sentence cases, doubling the limit in other appeals.
URAP 045. Review of judgments, orders, and decrees of court of appeals. Amend. Changes the language to correctly reflect the process on petitions for writs of certiorari.
Supreme Court Order.

URAP 004. Appeal as of right: when taken. Amend. Creates a process for litigants in civil cases to seek reinstatement of the 30 day period for filing an appeal. A trial court may reinstate the time for appeal if a party did not receive a notice of the judgment, because it was not promptly sent and the litigant otherwise exercised reasonable diligence in monitoring the proceedings.
Supreme Court Order.

URAP 029. Oral argument. Amend. Describes the differences between the supreme court and court of appeals in scheduling, waiving and continuing oral argument. Clarifies that reply argument by the appellant does not limit the scope or timing of the questions by the court. Effective July 16, 2013 under Rule 11-105(5). Subject to change after the comment period. To comment on this rule, click here.
Supreme Court Order.

URAP 029. Oral argument. Amend. The amendment allows for oral argument if the court determines that oral argument will significantly aid the decisional process. The amendment reflects current court practice.
Supreme Court Order.

URAP 024. Briefs. Amend. The proposed change creates a word limit for briefs rather than a page limit. A principal brief may have up to 14,000 words. Word limits are established for all other types of briefs.
URAP Form 17. Certificate of Compliance With Rule 24(f)(1) New.
URAP 027. Form of briefs. Amend. Deletes specific type fonts.
Supreme Court Order

URAP 011. The record on appeal. Amend. Amends rule to reflect on-line transcript ordering.
URAP 012. Transmission of the record. Amend. Amends rule to reflect that the transcriber submits an electronic copy of the transcript to the transcript management program and hard copy is filed with the trial court.
URAP 042. Transfer of case from supreme court to court of appeals. Amend. The amendment eliminates the paragraph addressing finality of transfer orders. The Supreme Court’s practice will be handled internally and not by rule.
Supreme Court Order.