Rules of Appellate Procedure – Comment Period Closed April 24, 2022
URAP004. Appeal as of right: when taken. Amend. The proposed amendments to Rule 4, subsection (f), addressing reinstating the right to appeal in criminal cases; are to (1) add that a motion to reinstate must be filed within one year from discovery of facts giving rise to the claim; (2) include the standard governing such motions; (3) restructure the section to be consistent with subsection 4(g) (addressing reinstating the right to appeal in civil cases); (4) and clean up language for clarity and consistency.
URAP020. Habeas corpus proceedings. Repeal. The Utah Supreme Court’s Advisory Committee on the Rules of Appellate Procedure recommends repealing Rule 20 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.