Posted: September 26, 2023
Rules of Appellate Procedure – Comment Period Closed November 10, 2023
URAP004. Appeal as of right: when taken. The Committee has previously sent Rule 4 out for public comment in regards to the following proposed changes to: (1) explain the standard governing a motion to reinstate the time for appeal in a criminal case; (2) restructure paragraph (f) to be consistent with paragraph (g) (addressing reinstating the right to appeal in civil cases); (3) include a one-year deadline from discovery of facts giving rise to the claim; (4) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; and (5) clean up language for clarity and consistency.
The Committee has since made additional changes to: (1) requiring a defendant to include in the motion for reinstatement the reasons for filing later than the one year deadline; and (2) clarifying when the time for appeal beings to run when multiple post-judgment motions are decided separately.
URAP027. Form of briefs, motions, and other documents. The Committee proposes amendments to Rule 27 to: (1) provide more detailed guidance for preparing the caption for briefs and to conform the rule to current practice; (2) remove the requirement that opposing counsel be listed on the cover, as this information will be included on a following page; and (3) clarify the requirements for captions on petitions and motions or other documents that are not a brief or petition.
Proposed Amendment to RAP 27
RAP 27(d)(4) states in part, “The clerk will retain one copy of the noncomplying brief and the party must file a brief prepared in compliance with these rules within 5 days. “ As written, the rule fails to set out the precise event that starts the clock for this 5-day deadline. Is it the actual date of the notice of deficiency? Is it the receipt of the notice? Something else?
It would be useful if the rule were revised to clearly specify the trigger that starts the 5-day deadline. For instance, the rule could be revised to state, “The clerk will retain one copy of the noncomplying brief and the party must file a brief prepared in compliance with these rules within 5 days after receipt of the clerk’s notice of deficiency.
Thank you for your time.