Category: URAP001

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

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 1. Scope of rules. Recognizes the new rules governing appeals in child welfare cases. Effective May 3, 2004.
URAP 2. Suspension of rules. Adds a reference to two of the new child welfare rules. Effective May 3, 2004.
URAP 11. The record on appeal. Requires the trial court to include any presentence investigation report as a part of the record on appeal, and clarifies the manner in which the record should be paginated.
URAP 12. Transmission of the record. Requires a certified court reporter to prepare and file a transcript index.
URAP 24. Briefs. Requires parties who are seeking attorney fees to explicitly state the basis for the request.
URAP 52. Child Welfare Appeals. A notice of appeal must be filed within 15 days from the order to be appealed. Cross-appeals must be filed within 15 days. Effective May 3, 2004.
URAP 53. Notice of Appeal. Describes the contents and service requirements of the notice of appeal. Effective May 3, 2004.
URAP 54. Transcript of Proceedings. Any necessary transcripts must be requested within 4 days after an appeal is filed. Effective May 3, 2004.
URAP 55. Petition on Appeal. The appellant must file a petition on appeal within 15 days from the notice of appeal. The rule describes the format and contents of the petition. Effective May 3, 2004.
URAP 56. Response to Petition on Appeal. A response to the petition on appeal must be filed with 15 days. Effective May 3, 2004.
URAP 57. Record on Appeal; transmission of record. Establishes what is considered to be the record on appeal and when it must be transmitted. Effective May 3, 2004.
URAP 58. Ruling. The court will issue a ruling based on the record on appeal, the petition, and the response, or the court can order that the case be fully briefed. Effective May 3, 2004.
URAP 59. Extensions of time. The rule describes the procedure and circumstances for extensions of time to file the appeal, the petition, or the response. Effective May 3, 2004.

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