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 States that copies of unpublished decisions need not be supplied, unless the decision was issued before October 1, 1998.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.

Utah Courts

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4 thoughts on “Rules of Appellate Procedure
  1. Bart Kunz

    Re: Proposed Changes to URAP 12.
    As one who has been told I could only review the record of a case on appeal in person at the district court, I strongly endorse this addition.

  2. D. Cook

    Line 37 (d)(7)(C)Statement from Victim’s and witness transcripts.
    Line 38 (d) (7) (D) Evidence COPIES of everything including what was eliminated on the exhibits.
    Line 39 (d) (7) (E) If Gardian Ad Litem Involved then copies of all recommendations, Photo’s, Records of Visits and findings.
    Line 40 (d) (7) (F) If any type of Medical Involved then Copies of (aa. Surgery (bb. Psychiatry recommendations (cc. Hospital Records including Insurance Records.
    Line 41 (d) (7) (G) Copy of Video of Trial and Jury Selection along with any papers filled out or answers to questions that was required by the Jury for selection. Include Minute entry of Trial until transcript arrives.
    Line 42 (d) (7) (H) If High Profile case then Copies of any News Media, Papers, News Video, Photos to be reviewed to make sure violations of the rights of the parties have not been violated.
    Line 43 (d) (7) (I) Copy of the Docket.
    Line 44 (d) (7) (J) Jury Interview Notice of OSC Hearing for Review with each Jury Member that will be recorded and on record of the court to answer questions regarding their decision and to insure that nothing has been compromised or anyone threatened or violation of any kind occurred. This needs to be signed by the Trial Court Counsel then Personally Served on each Jury Member and Counsel to the parties involved.

  3. D.Cook

    Rule 55 Line 15 (b) appeal. New Process will be as follows:
    (b)(1) No forwarding of file to appeals court. The file will automatically be scanned when the Notice of Appeal is Filed with the court. On the VIIS Screen Three more tab’s will be created. One Tab will say Appeals the other Tab will say sealed transcripts and the last one will say sealed Adoptions. High Security will be maintained regarding these 3 tabs with special pass word. When the Scanned documents are verified by the original court there will be a Green Flag that will appear on the Trial Courts Computer along with the Name of the File and New Case number that indicates the file has arrived. Then Trial Court Counsel May clic on the Flagg that will take him straight to the VIIS. Counsel may then place scanned documents in the order he wishes for documents to appear and enters of course a special program will need to be written then it will print in the sequence needed for the appeal process.
    (b) (2) All documents on Appeal will be top priority when they arrive for filing at the original office and placed in the file after scanned then the above mentioned Flag will appear for the Trial Court attorney to let him know a filing has occurred and to pull up the new documents. This eliminates papers floating from offices and counsels looking for their documents where some all don’t end up at the appeals office.
    (b) (3) If counsel needs to check out the file must be approved by the Trial Court Counsel and Signed by the Appeals Judge then that paper will be brought to the office where file is located and checked out with information in the Body of the Motion and Order with Phone, Address, e-mail address, Name and Signature, Date of the person who is accepting the file. This document will be scanned and verified immediately and Original placed in file with the due date file needs to be returned. A trust will be set up for $300 to check out any file $50.00 of the $300 will be kept for court costs and rest returned with a motion & Order to release the balance back to counsel. If returned late a penalty fee will need to be paid by counsel who wanted the file and he will forfeit the balance over to the court and that balance will be forwarded to the Appeals Court for that case. Which will help the Bottom line of costs and fees.
    (b) (4) Appeals Costs are expensive regarding Paper so the following would be implemented:
    Notice of Appeal fee would BE $200 if under $7, 500…If Over $7,500 up to $20,000 would be $350. and anything over $20,000 would be $500 to file for appeal. $The fee’s would be split 50/50 between the court it originated at and the appeals court for the documentation process, scanning etc…that is needed for the appeals process. This too will help the Bottom line become more efficient and help out the courts involved with expenses where needed or short. These fee’s can not be waived unless it is Pro-Se and indigent.
    (b) (5) Sealed Compressed transcripts will be scanned in the special Sealed VIIS with passwords only to the Trial Court Counsels and Appeals Judge. This will appear in Blue.
    (b) (6) When Trial Court Counsel Prints anything off of the VIIS it will automatically Certify the documents as originals with a Green Seal.
    (b) (7) Sealed Adoptions will be handled the same way as with the Transcripts they would appear in RED …High Security…and if anyone breaches these files it will send a beeping alarm to the computer security room who may then contact the proper authority including the Trial Court Counsel and Judge and will Freeze the screen while it downloads to security of what is being breached. If a felony has occured to be turned over to proper authorities.
    (b) (8) All new filings will still go to the original court for the filing and to be done immediately by the appeals clerk scanned and verified and original filed in file. They will maintain the record of the file, new case number, warnings on the file, check out process of the file, and exhibits of the file.
    (b) (9) Exhibits documents to be scanned and photograph’s scanned into the computer and placed on the VIIS Screen for Trial Court Counsel to View. Also the Video of the Court Trial and Jury Selection and Jury OSC Hearing…NO Tapes all done on computer like as if it was the internet movie. There would be a Little Icon symbol in the Appeals Tab that the Trial Court Counsel may clic on to view. Reporters or news media will not be able to accesss this or any sealed documents scanned or otherwise with out an Order from the Judge and notice of Order given to all counsel…specifically identify exact to what is needed for release and only able to receive what was ordered. The Appeals Judge & Trial Court Counsel and Public Relations Officer would oversee the project with the News media and release of documentation.

  4. John Martinez

    Re: Proposed Amendment to URAP 30.
    I agree that we can save a lot of trees by reducing the instances when copies of unpublished decisions must be included with documents filed with the courts and served on the parties. The modern reality is that unpublished decisions are readily available online, so they are not really “unpublished.” My concern, though, is with exactly which unpublished opinions can be cited without including copies. As I read the proposed rule, the change is that citation of Utah Court of Appeals decisions issued on or after October 1, 1998 will no longer have to be accompanied by paper copies. But ALL OTHER unpublished decisions, whether issued by the Utah Court of Appeals before that date, or from any other state, federal or other court; and whether issued before, on, or after that date; however; still must be accompanied by paper copies. The summary of the proposed amendment, however, seems to indicate otherwise by stating that “copies of unpublished decisions need not be supplied, unless the decision was issued before October 1, 1998.” Which is it?