Author: Utah Courts

Rules of Appellate Procedure Comment Period Closes August 25, 2024

URAP019 Rule 19. Extraordinary relief. Amend. The Committee proposes amending Rule 19 to update the reference to Rule 23C.

URAP021 Rule 21. Filing and service. Amend. The Committee proposes amending Rule 21 to: (1) remove the language “and accompanied by proof of service” in paragraph (c) because that language is unnecessary where paragraph (e) provides the requirements for proof of service; and (2) change “contact information” to “user accounts” to clarify that electronic service will occur on parties that have a user account.

URAP023C Rule 23C. Motion for emergency relief. Amend. The Committee proposes amending Rule 23C to: (1) change the term “emergency relief” to “expedited review” throughout the rule and further clarify that this rule cannot provide any substantive relief, but provides only a means for obtaining expedited review of a pending motion, petition, or appeal; (2) clarify the content length of a motion for expedited review; and (3) clean-up language for clarity and consistency.

URAP029 Rule 29. Oral Argument. Amend. The Committee proposes amending Rule 29 to add that a party may not reserve more than five minutes for rebuttal during oral argument.

Continue Reading

Rules of Evidence – Comment Period Closes August 25, 2024

URE.0615 Excluding Witnesses. Amend. Changes are proposed to conform closely (but not completely) to recent amendments made to FRE 615. The proposed amendments clarify that witnesses may be excluded “from the courtroom or from a place where they can see or hear the proceedings;” specify that only “one” “officer or employee of a party that is not a natural person” be exempt from exclusion “if that officer or employee has been designated as the party’s representative by its attorney;” and add a new subparagraph (b) to clarify that the court may make other orders to “prohibit disclosure of trial testimony to excluded witnesses,” and to “prohibit excluded witnesses from accessing trial testimony.”

Continue Reading