Rules of Appellate Procedure – Comment Period Closed January 20, 2024

URAP011.The record on appeal. Amend. The Committee proposes amending Rule 11 to: (1) clarify how parties can access sealed records on appeal; and (2) clarify that exhibits will also be included in the record along with a list of all exhibits. The proposed amendment regarding access to sealed records is in response to the opinion in State v. Chadwick, 2023 UT 12, which addressed whether a criminal defendant could access sealed mental health records on appeal when the appeal involved a claim that the trial court erred in conducting its in camera review of those records.

URAP022. Computation and enlargement of time. Amend. The Committee proposes amending Rule 22 paragraph (b)(4)(D) so the rule will match the long-standing procedure used in the appellate clerk’s office. Rather than requiring a party to predict when they will be able to complete the task for which the extension is sought, the party will be required to state only the new due date if the extension is granted. Because the same language that the Committee proposes amending is also included in the existing advisory committee note, the Committee proposes adopting a new note with that language removed.

URAP052. Child welfare appeals. Amend. In accordance with the opinion in A.S. v. State, 2023 UT 11, the Committee proposes amending Rule 52 to: (1) modify the title of paragraph (c) to mirror the title used in paragraph (d) of Rule 4; and (2) add a procedure for a parent to file a motion to reinstate the period for filing a direct appeal if the parent demonstrates that they were deprived of the right to appeal.

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2 thoughts on “Rules of Appellate Procedure – Comment Period Closed January 20, 2024
  1. Keri Sargent

    Regarding URAP 22, it would be helpful to clarify what exhibits need to be submitted to the appellate court. In the heading of the rule (line 3), it indicates “…exhibits filed in or considered by the trial court….” so my assumption is that it will only be exhibits that were received by the trial court and used by the trial court to make a final, appealable decision on the matter. Having a clarification there so trial court judges and judicial assistants know what the appellate courts are expecting when the record is compiled and sent would be very helpful.