Category: URAP019

Rules of Appellate Procedure – Comment Period Closes September 8, 2026

URAP001. Scope of rules. Amend. The Committee proposes amending Rule 1 to: 1) clarify which rules do not apply to substantiation proceedings under Utah Code § 80-3-504; and 2) clean-up for clarity and consistency.

URAP019. Extraordinary relief. Amend. The Committee proposes amending Rule 19 to: 1) clarify that the contents of the petition must include headings and be in order; and 2) add a procedure for the clerk to reject a petition if all required contents are not included.

URAP027. Form of briefs, motions, and other documents. Amend. Rule 27 was previously posted for public comment for proposed amendments to add a requirement that cases involving pretrial detention, parental rights, or child custody must state that it is such a case on the cover of the brief. The new proposed amendment expands that list to include capital charges. These amendments expand on the already effective requirement that the cover must note if an individual is incarcerated.

URAP048. Time for petitioning. Amend. This rule was previously posted for public comment to put into rule an internal process that states a rejected petition of writ of certiorari will be construed as an extension of time if filed prior to the admitted time expiring. The Committee proposes changing the new language to remove “or other filing” in new paragraph (e)(3) and change the language on extensions from “per party” to “per petition.”

 

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Rules of Appellate Procedure Comment Period Closed 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.

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