Rules of Appellate Procedure – Comment Period Closed December 11, 2022
URAP020. Habeas corpus proceedings. Repeal/Add Advisory Committee Note. The Committee is posting for public comment the addition of an Advisory Committee Note to the repealed rule. This note is intended to alleviate concerns in regards to repealing Rule 20. The Committee previously proposed 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.
URAP019. Extraordinary writs. The Committee proposes amending Rule 19 to: (1) incorporate a page and word limit, and a certificate of compliance, similar to the requirements in Rule 24 regarding briefs; (2) add the ability for the petitioner to file a reply after service of a response; (3) increase the amount of time to file a response from 7 days to 30; (4) add an Advisory Committee Note advising parties that although Rule 20 has been repealed, they still have the ability to file directly to the Supreme Court under Rule 19 under appropriate circumstances; and (5) clean up language for clarity and consistency.
URAP023. Motions. The Committee proposes substituting “discussion” for “memorandum.” The Committee believes that the word “memorandum” can lead individuals to file unnecessarily a separate document containing the facts and arguments supporting their requests, rather than merely including those facts and arguments in the original petition or motion.
URAP023C. Motion for emergency relief. The Committee proposes amending Rule 23C to (1) change the reference to Rule 19; (2) change the rule reference in paragraph (e) concerning form of papers from Rule 23(f) to Rule 27, as paragraph 23(f) was relocated to Rule 27 effective November 1, 2021; and (3) correct formatting for consistency. The rule currently refers to a specific subparagraph in Rule 19 that will be renumbered under the proposed amendments. To avoid cross-referencing problems that future amendments may create, the Committee recommends directing parties to the general rule rather than a specific paragraph.