Rules of Appellate Procedure – Effective May 1, 2023
URAP020. Habeas corpus proceedings. Repeal/Add Advisory Committee Note. Rule 20 has been repealed because it is superfluous and confusing, and could prejudice a criminal defendant’s opportunity to seek relief under the Post-Conviction Remedies Act (PCRA). Rules 65B and 65C of the civil rules, together with the PCRA, Utah Code § 78B-9-101 to -110, already provide mechanisms to challenge the lawfulness of any official detention. Although the rule is being repealed, there will be an advisory committee note left in Rule 20 advising parties that although Rule 20 has been repealed, they still have the ability to file a petition directly to the Supreme Court under Rule 19, under appropriate circumstances.
URAP019. Extraordinary writs. Rule 19 has been amended to: (1) incorporate a page and word limit, and a certificate of compliance, similar to the requirements in Rule 24 regarding briefs; (2) add the ability for the petitioner to file a reply after service of a response; (3) increase the amount of time to file a response from 7 days to 30; (4) add an Advisory Committee Note advising parties that although Rule 20 has been repealed, they still have the ability to file a petition directly to the Supreme Court under Rule 19 under appropriate circumstances; and (5) clean up language for clarity and consistency.
URAP023. Motions. Rule 23 has been amended to substitute “discussion” for “memorandum.” The Committee believes that the word “memorandum” can lead individuals to file unnecessarily a separate document containing the facts and arguments supporting their requests, rather than merely including those facts and arguments in the original petition or motion.
URAP023C. Motion for emergency relief. Rule 23C has been amended to: (1) change the reference to Rule 19; (2) change the rule reference in paragraph (e) concerning form of papers from Rule 23(f) to Rule 27, as paragraph 23(f) was relocated to Rule 27 effective November 1, 2021; and (3) correct formatting for consistency. The rule currently refers to a specific subparagraph in Rule 19 that will be renumbered under the proposed amendments. To avoid cross-referencing problems that future amendments may create, the Committee recommends directing parties to the general rule rather than a specific paragraph.