Category: URAP008

Rules of Appellate Procedure – Effective November 1, 2022

URAP008. Stay or injunction pending appeal.

URAP017. Stay pending review.

URAP023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim.

URAP029.  Oral argument.

URAP037.  Suggestion of mootness; voluntary dismissal.

The listed rules were amended to (1) add “or declaration” any time affidavit is mentioned; (2) add an Advisory Committee Note explaining that the term “declaration” refers to the unsworn declaration described in Title 78b, Chapter 18a, Uniform Unsworn Declarations Act; (3) move the reference to the statute in Rule 37 to an Advisory Committee Note so the rules will be consistent; and (4) remove language in Rules 8 and 17 regarding other sworn statements.

Supreme Court Order

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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

URAP 5. Discretionary appeals from interlocutory orders. Require petition for review of interlocutory order be filed before court will consider request for stay.
URAP 8. Stay or injunction pending appeal. Modify procedural requirements for requesting a stay pending appeal.
URAP 10. Motion for summary disposition. Technical amendments.
URAP 22. Computation and enlargement of time. Technical amendments.
URAP 25. Brief of an amicus curiae or guardian ad litem. Provide to the court more direct control over whether to permit an amicus brief.
URAP 27. Form of briefs. Require notice of incarceration and Anders brief.
URAP 35. Petition for rehearing. Prohibit petition for rehearing by amicus.
URAP 38B. Qualifications for Appointed Appellate Counsel. Establish minimum qualifications for appointed counsel in appellate cases.

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