Category: -Rules of Appellate Procedure

Rules of Appellate Procedure

URAP 028A. Appellate Mediation Office. Amend. Outlines different processes for mediation in the supreme court and the court of appeals. Provides that the denial of a mediation request does not prevent parties from engaging in private mediation or settlement negotiations. Makes technical changes.

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Rules of Appellate Procedure

URAP 021. Filings and service. Amend. Provides that if a filing including an addendum contains non-public information, the filer must also file a redacted version of the filing.
URAP 040. Attorney’s or party’s certificate; sanctions and discipline. Amend. Provides that a person may sign a document using any form recognized by law as binding. Provides that by signing a document, a person makes certain representations to the court including that a filing made under rule 21(g) does not contain non-public information.

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Rules of Appellate Procedure

URAP 038B. Qualifications for Appointed Appellate Counsel. Amend. Outlines the responsibility of appointed appellate counsel to represent the client throughout the first appeal as of right.

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Rules of Appellate Procedure

URAP 004. Appeal as of right; when taken. Amend. Clarifies the process for filing a motion for extension of time to file a notice of appeal based on good cause or based on good cause or excusable neglect.
URAP 021. Filing and service. Amend. Outlines the certifications an individual makes when filing papers in the appellate court.
URAP 021A. Appellate filings containing other than public information and records. New. Creates a new rule addressing the process for making appellate filings that contain information and records classified as other than public under Utah law.
URAP 048. Time for petitioning. Amend. Clarifies the process for filing a motion for extension of time to file a petition for writ of certiorari based on good cause or based on good cause or excusable neglect.
URAP 055. Petition on appeal. Amend. Requires that petitions on appeal comply with rule 21A.
URAP 056. Response to petition on appeal. Amend. Requires that responses to petitions on appeal comply with rule 21A.

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Rules of Appellate Procedure

URAP 035. Petition for rehearing. Amend. Outlines the circumstances under which a petition for rehearing may be filed. Separates parts of the rule into separate subparagraphs. Provides the color for covers of petitions and responses filed under this rule.
URAP 038B. Qualifications for appointed appellate counsel. Amend. Requires that appointed appellate counsel represent a client through the first right of appeal.
URAP 047. Certification and transmission of record; joint and separate petitions; cross-petitions; parties. Rename and amend. Removes the requirement for certification of the record. Provides that the Clerk of the Supreme Court shall notify the Clerk of the Court of Appeals to transmit the record on appeal to the Supreme Court when a petition for certiorari has been granted.

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Rules of Appellate Procedure

URAP 001. Scope of rules. Amend. Makes technical changes and clarifies which appellate rules apply in child welfare proceedings.
URAP 025. Brief of amicus curiae or guardian ad litem. Amend. Makes technical changes and clarifies that the deadline for filing a motion for leave to file a brief of amicus curiae or guardian ad litem does not apply when a motion for leave is filed under URAP 50(f).
URAP 027. Form of briefs. Rename and amend. Amends the rule so that paragraphs (a) through (e) also apply to petitions for writ of certiorari and petitions for rehearing.

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Rules of Appellate Procedure

URAP 005. Discretionary appeals from interlocutory orders. Amend. Sets a page limit for a petition for permission to appeal and describes how relevant documents may be referenced; provides that a response to a petition for permission to appeal will not be received unless requested by the court; and provides that cross-petitions for permission to appeal are not permitted.
URAP 023. Motions. Amend. Provides that a reply may be filed no later than five days after service of the response, but allows the court to rule on the motion without awaiting a reply.
URAP 035. Petition for rehearing. Amend. Provides the circumstances under which a party may petition for rehearing.
URAP 037. Suggestion of mootness; voluntary dismissal. Amend. Provides that an appellant’s personal affidavit demonstrating that the decision to dismiss is voluntary need only be filed on a motion to dismiss for reasons other than mootness.

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Rules of Appellate Procedure

URAP 003. Appeal as of right: how taken. Amend. Provides that service of the notice of appeal shall be done in accordance with the service requirements of the court from which the appeal is taken.
URAP 008A. Motion for emergency relief. Renumber and amend. Renumbers rule 8A to rule 23C. Provides that a motion for emergency relief is not sufficient to invoke the court’s jurisdiction, and that a jurisdictional petition must be filed or no emergency relief will be granted.

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