Category: -Rules of Appellate Procedure

URAP010. Procedures for summary disposition or simplified appeal process. The Committee proposes amending Rule 10 to: (1) add a provision to allow the appellate courts to dismiss an appeal for failure to prosecute if, after 150 days, the reasons the appeal was tolled under Rule 4(b) or Rule 4(c) are not resolved; and (2) clean-up for clarity and consistency.

URAP057. Record on appeal; transmission of record; supplementation of the record. The Committee proposes amending Rule 57 to modify the definition of the record on appeal for child welfare cases, and to make the rule consistent with Rule 11.

URAP003. Appeal as of right – how taken.

URAP005. Discretionary appeals from interlocutory orders.

URAP014. Review of administrative orders: how obtained; intervention.

URAP019. Extraordinary relief.

URAP048. Time for petitioning.

The Committee proposes amending these rules to modify the fee provision language to direct parties to the requirements of Rule 21. Filing and service, regarding payment of filing fees. The intent is to ensure uniform requirements for payment of any filing fee under the rules. Additionally, in Rule 14, the committee proposes adding a provision for agencies to e-file the record within 21 days upon receiving a request from the appellate courts.

URAP021. Filing and service. The Committee proposes amending Rule 21 to: (1) notify parties that the appellate courts will be transitioning to an e-filing system; (2) specify the date when all licensed attorneys will be required to file using the e-filing system; (3) explain that filing fees will be required to be paid through the e-filing system when documents are e-filed; and (4) update the provisions regarding service for documents that are e-filed.

URAP026. Filing and serving briefs. The Committee proposes amending Rule 26 to: (1) update paragraph (b) Number of copies. to include a requirement for copies of briefs that are e-filed; and (2) clarify paragraph (d) Return of record to the clerk.

URAP027. Form of briefs, motions, and other documents. Rule 27 was previously published for public comment with the following proposed amendments: (1) provide more detailed guidance for preparing the caption for briefs and 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. The Committee proposes an additional proposed amendment requiring hard copies of briefs to be submitted to the Appellate Courts using only a binder clip, rather than a velo or similar binding along the left edge.

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.

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.

URAP005. Discretionary appeals from interlocutory orders. The Committee proposes amending Rule 5 to: (1) Make the process for preparing the record consistent with those in other types of appeals; and (2) remove the language requiring the ordering of transcripts be expedited (if parties require an expedited appeal they may file a 23C motion for emergency relief).

URAP008. Stay or injunction pending appeal. Rule 8 is being amended to remove references to specific subparagraphs within Rule 62 of the Utah Rules of Civil Procedure. Rule 62 was significantly amended effective November 1, 2021. Those amendments deleted the prior subparagraph (d). Thus, the current reference in Rule 8(b)(1) of the Utah Rules of Appellate Procedure to “Rule 62(d) of the Utah Rules of Civil Procedure” no longer makes sense. To avoid future problems, the Committee also suggests modifying Appellate Rule 8’s subparagraph (c) because it also contains a reference to a specific subparagraph of Civil Rule 62.

URAP014. Review of administrative orders: how obtained; intervention. Public Comment. The Committee proposes amending Rule 14 to: (1) add a filing fee provision. This provision was inadvertently removed from the rule in 2016. The Committee is adding the provision back into the rule so it is consistent with Rules 3 and 5.

URAP004. Appeal as of right: when taken. S.B. 18, the Public Expression Protection Act, originally sought to impose a 21-day deadline to file a notice of appeal from the denial of an expedited motion to dismiss a lawsuit under the Act. But the Utah Supreme Court’s legislative liaison recognized that including a deadline to file a notice of appeal in a statute could raise constitutional questions about whether that deadline infringes the Court’s procedural rulemaking authority. There was not enough time left in the legislative session for the legislature to pursue a joint resolution to amend the rules of appellate procedure to add the new deadline. Thus, to avoid future litigation on the constitutional issue, court and legislative personnel worked jointly to amend rule 4 to include the new deadline to take effect simultaneously with the bill’s effective date of May 3, 2023.  The Court has accordingly adopted the amendment to rule 4 on an expedited basis, with the public comment period to follow, pursuant to rule 11-105(5) of the Utah Rules of Judicial Administration.

URAP004. Appeal as of right: when taken. The Committee had previously sent the rule out for comment in regards to the following proposed changes: (1) add to the rule the standard governing motion to reinstate the time for appeal; (2) restructure the section to be consistent with subsection 4(g) (addressing reinstating the right to appeal in civil cases); (3) included a one-year deadline from discovery of facts giving rise to the claim; and (4) clean up language for clarity and consistency. The Committee is proposing sending out for public comment; (1) new restructured language in regards to the one-year timeframe; and (2) clarifying what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday.

URAP005. Discretionary appeals from interlocutory orders. The Committee proposes amending Rule 5 to: (1) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; and (2) clean up language for clarity and consistency.

URAP011. The record on appeal. The Committee proposes amending Rule 11 to: (1) add a requirement that parties include the position of all other parties when filing a motion; and (2) change the reference to Rule 11(e)(1) to (c)(1).

URAP022. Computation and enlargement of time. The Committee proposes amending Rule 22 to: (1) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; (2) clarify “legal holiday” and provide a web link to the Utah Courts website that lists the holidays in which the Utah State Courts are closed; (3) add a requirement that parties include the position of all other parties when filing a motion; and (4) clean up language for clarity and consistency.

URAP052. Child welfare appeals. The Committee proposes amending Rule 52 to: (1) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; (2) clean up format for consistency.

URAP057. Record on appeal; transmission of record. The Committee proposes amending Rule 57 to clarify that the record on appeal consists of the juvenile’s entire legal file, but only those parts of the juvenile’s social file that the juvenile court actually considered.