Rules of Appellate Procedure

URAP 004. Appeal as of right; when taken. Amend. Clarifies the process for filing a motion for extension of time to file a notice of appeal based on good cause or based on good cause or excusable neglect.
URAP 021. Filing and service. Amend. Outlines the certifications an individual makes when filing papers in the appellate court.
URAP 021A. Appellate filings containing other than public information and records. New. Creates a new rule addressing the process for making appellate filings that contain information and records classified as other than public under Utah law.
URAP 048. Time for petitioning. Amend. Clarifies the process for filing a motion for extension of time to file a petition for writ of certiorari based on good cause or based on good cause or excusable neglect.
URAP 055. Petition on appeal. Amend. Requires that petitions on appeal comply with rule 21A.
URAP 056. Response to petition on appeal. Amend. Requires that responses to petitions on appeal comply with rule 21A.

Utah Courts

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2 thoughts on “Rules of Appellate Procedure
  1. Carol Verdoia

    The amendments to Rules 55 and 56, i.e. compliance with Rule 21A, are unnecessary and potentially in conflict with the court’s classification rule, CJA 4-202.02. That rule provides that all records filed pursuant to Rules 52-59 of the Utah Rules of Appellate Procedure are private, except briefs. CJA R 4-202.02(4)(U). Thus, there should not be a requirement for parties to file a copy with all non-public information redacted, since the entire Petition and Response are private by rule.
    With respect to briefs filed pursuant to Rules 52-59, Utah R. App. P., I am assuming that the intent of proposed Rule 21A is that, as long as the names of the children, parents and foster/adoptive parents are protected through use of initials or identifiers such as “Father” or “Mother” etc., the factual statement does not need to be redacted. The dilemma is that all the facts stated in the brief, whether in the fact statement or in the argument section, are facts drawn from juvenile court records that are classified as private under CJA 4-202.02. On the other hand, the Court issues public decisions/opinions with those same facts in the opinions. It is a workload issue for the attorneys and staff in my office, so I’m assuming we can follow the Court’s practice of making the facts public as long as identities are protected.
    Finally, I’m assuming, although it is not clear, that the appellate courts will police this Rule by either rejecting filings that do not comply and/or responding to records requests by redacting or withholding the records and information pursuant to CJA 4-202.02.

  2. Kelly W. Wright

    Proposed Rule 21A provides that all parts of the record on appeal retain the same classification as in the trial court or administrative agency unless otherwise classified by the appellate court. There is some question as to what is meant by “classification.” Rule 4-202.02 classifies court records, but does not apply to administrative agencies. While GRAMA and other statutes address whether administrative agency records are public, protected, private, controlled or confidential, Rule 21A is not clear as to whether GRAMA or some other statute or rule is the classification referred to for administrative agency records. Judicial classification of records is not necessarily consistent with classification under GRAMA or other potentially controlling statutes such as 59-1-404, hence the question of what is meant by “classification.”
    Also, when an administrative agency decision is appealed to district court and then to the appellate courts, under Rule 21A does the record on appeal retain the “classification” that relates to the administrative agency or to the trial court?