Category: URAP011

URAP011. The Record on appeal. The amendments to Rule 11 clarify: (1) that exhibits will also be included in the record along with a list of all exhibits; and (2) how parties can access sealed records on appeal. The second change is in response to the Supreme Court’s opinion in State v. Chadwick, 2023 UT 12.

URAP022. Computation and enlargement of time. Rule 22 paragraph (b)(4)(D) was amended so the rule will match the long-standing procedure used in the appellate clerk’s office. The advisory committee note was also updated to remove the same language that was removed from paragraph (b)(4(D).

URAP052. Child welfare appeals. In accordance with the Supreme Court’s opinion in A.S. v. State, 2023 UT 11, Rule 52 was amended to: (1) modify the title of paragraph (c) to mirror the title used in paragraph (d) of Rule 4; and (2) add a procedure for a parent to file a motion to reinstate the period for filing a direct appeal if the parent demonstrates that they were deprived of the right to appeal.

Supreme Court Order

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.

Supreme Court Order

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.

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.

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.

URAP 11. The record on appeal. Amend. Requires the trial court to include any presentence investigation report as a part of the record on appeal, and clarifies the manner in which the record should be paginated.
URAP 12. Transmission of the record. Amend. Requires a certified court reporter to prepare and file a transcript index.
URAP 24. Briefs. Amend. Requires parties who are seeking attorney fees to explicitly state the basis for the request.