Posted: November 6, 2024
Rules of Appellate Procedure Comment Period Closes December 21, 2024
URAP008. Stay or injunction pending appeal. Amend. The Committee proposes amending Rule 8 to: 1) remove paragraph (a)(1)(B) as this relief is already covered by paragraph (a)(1)(A); 2) update the injunction standard in paragraph (d) to match the standard in Rule 65A of the Rules of Civil Procedure; 3) update the standard for a stay in paragraph (c) with a list of factors and eliminate language about the case presenting a serious issue; and 4) clean up language and format for clarity and consistency.
URAP010. Procedures for summary disposition or simplified appeal process. Amend. The Committee proposes amending Rule 10 to remove paragraph (c) and allow Rule 22 to govern extensions.
I am strongly in favor of the amendments to Rule 8 of the Utah Rules of Civil Procedure. The current version of the rule can be read to mean that a person can never obtain a stay of enforcement of a money judgment without a bond–and that was exactly how a panel of the court of appeals interpreted it in one of my cases. My client, for all intents and purposes, lost their appellate rights because they could not post a bond. Had this proposed amendment been in place, my client would have likely obtained a stay and could have pursued the appeal.