Rules of Appellate Procedure – Comment Period Closed August 28, 2022
URAP004. Appeal as of right: when taken. Amend. The Committee is posting for public comment proposed changes to Rule 4(f) again after numerous comments were received, and additional changes were made to the proposed rule amendment. The Committee previously proposed the following changes: (1) add to the rule the standard governing motions to reinstate the time for appeal; (2) restructure the section to be consistent with subsection 4(g) (addressing reinstating the right to appeal in civil cases); (3) clean up language for clarity and consistency; and (4) included a one-year deadline from discovery of facts giving rise to the claim.
After reviewing the comments received the Committee removed the three examples from Manning v. State, 2005 UT 61, 122 P.3d 628, previously located under paragraph (f)(5) because, as Manning recognized, those examples did not provide the exclusive grounds for reinstating the right to appeal. See id. ¶31 n.11.