Category: URAP003

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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Rules of Appellate Procedure – Effective April 2, 2020

URAP002. Suspension of rules.

URAP003. Appeal as of right: how taken.

URAP004. Appeal as of right: when taken.

URAP009. Docketing statement.

URAP011. The record on appeal.

URAP012. Transmission of the record.

URAP014. Review of administrative orders: how obtained; intervention.

URAP020. Habeas corpus proceedings.

URAP021. Filing and service.

URAP022. Computation and enlargement of time.

URAP024. Principal and reply briefs.

URAP027. Form of briefs.

URAP029. Oral arguments.

URAP031. Expedited appeals decided after oral argument without written opinion.

URAP033. Damages for delay or frivolous appeal; recovery of attorney’s fees.

URAP037. Suggestion of mootness; voluntary dismissal.

URAP038B. Qualifications for appointed appellate counsel.

URAP040. Attorney’s or party’s signature; representations to the courts; sanctions and discipline.

URAP041. Certification of questions by law of United States courts.

URAP042. Transfer of case from Supreme Court to Court of Appeals.

URAP043. Certification by the Court of Appeals to the Supreme Court.

Supreme Court Order – Amending Advisory Committee Notes to rules 2, 3, 9, 21, 22, 24, 27, 38B, 40, 41, 42, and 43

Supreme Court Order – Removing Advisory Committee Notes to rules 4, 11, 12, 14, 20, 29, 31, 33, 37, and 41

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Rules of Appellate Procedure

URAP 003. Appeal as of right: how taken. Amend. Provides that service of the notice of appeal shall be done in accordance with the service requirements of the court from which the appeal is taken.
URAP 008A. Motion for emergency relief. Renumber and amend. Renumbers rule 8A to rule 23C. Provides that a motion for emergency relief is not sufficient to invoke the court’s jurisdiction, and that a jurisdictional petition must be filed or no emergency relief will be granted.
URAP 011. The record on appeal. Amend. Eliminates the requirement that the appellant file a statement of the issues that will be presented on appeal and creates a process for the appellee to designate other proceedings to be transcribed, beyond those identified by the appellant.
URAP 029. Oral argument. Amend. Clarifies that a joint motion to cancel oral argument may be filed upon the agreement of all parties.
Supreme Court Order.

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Rules of Appellate Procedure

URAP 03. Appeal as of right: how taken. Amend. States that a trial court clerk shall accept a notice of appeal even if the filing fee is not paid at that time. The fee must be paid within a reasonable time or the case might be dismissed.
URAP 41. Certification of questions of law by United States courts. Amend. The proposed amendments state that, in certification cases, the rules of appellate procedure apply to the form of briefs and the proceedings on oral argument, except to the extent that the court notifies the parties differently.
Supreme Court Order

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