Category: URAP014

Rules of Appellate Procedure – Effective November 1, 2023

URAP005. Discretionary appeals from interlocutory orders. The approved amendments to Rule 5 include: (1) Make the process for preparing the record consistent with those in other types of appeals; and (2) remove the language requiring that ordering of transcripts be expedited (if parties require an expedited appeal, they may file a 23C motion for emergency relief).

URAP014. Review of administrative orders: how obtained, intervention. The approved amendments to Rule 14 include: (1) add a filing fee provision. This provision was inadvertently removed from the rule in 2016 as part of an effort to revise the rules to address efiling. The Committee is adding the provision back into the rule to make the filing fee requirement explicit, consistent with the fee requirements in Rules 3 and 5.

URAP050. Response; reply. The approved amendments to Rule 50 include: (1) add language which will allow a party to respond to a petition for writ of certiorari only when the Court requests one, as is the current practice for responses to petitions for interlocutory appeal (Rule 5(f)) and for rehearing (Rule 35(a)(4)); (2) remove language about the timing for a response when the filing fee is paid after the petition is served, because responses will no longer be permitted unless requested by the Court (additionally, Rule 48(a) addresses the filing fee requirement); and (3) clean up language for clarity and consistency.

Supreme Court Order

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Rules of Appellate Procedure – Effective November 1, 2022

URAP014. Review of administrative orders: how obtained; intervention. Amend. The amendments to Rule 14, which addresses review of administrative orders, is to allow parties to file a cross-petition when a petition for review is filed by another party. The amendments respond to the Utah Court of Appeals’ observation that allowing cross-petitions in administrative appeals would further judicial efficiency. See Watson v. Lab. Comm’n, 2020 UT App 170, ¶1 n.1, 480 P.3d 353.

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 – Effective November 1, 2016

URAP002 Adds Rule 14(a) to the list of rules that the court cannot suspend.

URAP014 Amend. Requires a party seeking review in the Supreme Court or Court of Appeals of an administrative agency order to file a petition for review even if a statute describing the review describes it as an appeal. Removes provisions governed by statute or other rules.

URAP025A New. Describes the requirement and procedures for serving briefs on the attorney general or county or municipal attorney when challenging the constitutionality of a statute or ordinance. Establishes penalties for failure to do so. Allows the attorney general or county or municipal attorney to file an amicus brief when the constitutionality of a statute or ordinance is challenged. Allows the appellate court to request an amicus brief.

URAP052 Describes the effect of post-trial motions in child welfare proceedings using language similar to Rule 4.

Supreme Court Order

 

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Rules of Appellate Procedure

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.

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