Category: URAP012

Rules of Appellate Procedure – Effective November 1, 2022

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

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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 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.

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Audio Record of Hearings

CJA 03-0304. Official court reporters. Renumber and amend. Eliminate provisions regulating the office of official court reporter. Retain transcript format. Renumber as 5-203.
CJA 03-0304.01. Substitute certified shorthand reporters. Repeal. Eliminate provisions for a substitute shorthand reporter.
CJA 03-0305. Official court transcribers. Renumber and amend. Eliminate provisions for assignment of transcript preparation. Renumber as 5-202.
CJA 04-0201. Record of proceedings. Amend. Eliminate requirements and standards for recording a court hearing by an official court reporter. Rely exclusively on audio video records.
URAP 11. The record on appeal. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court executive.
URAP 12. Transmission of the record. Amend. Shifts responsibilities from the official court reporter to a court transcriber.
URAP 54. Transcript of proceedings. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court clerk.
URCP 052. Findings by the court; correction of the record. Amend. Establishes a procedure for correcting the record of a hearing.
Supreme Court Order, Appellate Rules.
Supreme Court Order, Civil Rules.

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Rules of Appellate Procedure

URAP 12. Transmission of the record. Amend. Creates a process for counsel in civil cases to check out the record from the trial court.
URAP 28A. Appellate Mediation Office. Amend. Restricts disclosure of all mediation communications and documents, except the written agreement.
URAP 30. Decision of the court: dismissal; notice of decision. Amend. States that copies of unpublished decisions need not be supplied, unless the decision was issued before October 1, 1998.
URAP 55. Petition on appeal. Amend. Clarifies that a colored cover isn’t used in child welfare appeals.
Supreme Court Order.

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Rules of Appellate Procedure

URAP 04. Appeal as of right: when taken. Amend. The proposed amendments are intended to clarify the status of a notice of appeal filed while certain motions are pending. The notice of appeal will be effective as of the date the motion is resolved, but will only be effective for the underlying judgment.
URAP 08A. Emergency relief. New. Creates a new rule to establish a process for managing requests for emergency relief.
URAP 09. Docketing statement. Amend. Contains a technical change to reflect a legislative amendment requiring a motion to withdraw a guilty plea to be made before sentencing.
URAP 12. Transmission of the record. Amend. Requires the clerk transmit the record in post-conviction cases.
URAP 19. Extraordinary writs. Amend. Clarifies the process for resolving petitions for extraordinary relief, and references Rule 8A for other requests for emergency relief. Clarifies that the court?s decision will be based on the petition and the response, unless briefing is requested by the court.
URAP 30. Decision of the court: dismissal; notice of decision. Amend. Technical change.
Supreme Court Order.

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Utah Rules of Appellate Procedure

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.

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