Month: February 2020

Rules Governing Constitutional Challenges – Comment Period Closed April 12, 2020

The following amendments to Civil Rule 24, Criminal Rule 12, and Appellate Rule 25A are intended to better coordinate the provisions addressing constitutional challenges. The amendments do the following:

  • Address service on the Attorney General and other governmental entities;
  • Broaden the kinds of challenges that may arise;
  • Clarify that it is the governmental entity that responds, not the county or municipal attorney (which can be a contracted position in certain jurisdictions);
  • Eliminate outdated language in Civil Rule 24 in favor of the updated federal language;
  • Clarify in each rule the process and timing for the Attorney General or other governmental entity to respond to a constitutional challenge; and
  • Eliminate the requirement in Appellate Rule 25A that the Attorney General state the reasons for declining to file an amicus brief.

 

URCP024 – Redline and URCP024 – Clean

URCrP012 – Redline

URAP025A – Redline

 

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Rule of Appellate Procedure – Comment Period Closed April 12, 2020

URAP009. Docketing statement. Amend.  The proposed amendments to Rules 9 and 19 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.

URAP019. Extraordinary writs. Amend.  The proposed amendments to Rules 9 and 19 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.

URAP033. Damages for delay or frivolous appeal; recovery of attorney fees. Amend. The proposed amendments would allow the court to impose sanctions without a hearing or at the court’s discretion, so long as the party is provided with notice and an opportunity to respond.

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