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).
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.
URAP005. Discretionary appeals from interlocutory orders. Amend. The proposed amendments to Rules 5 and 10 incorporate substantial changes meant to streamline and modernize the appellate process. For example, the proposed addition of subsection (j) in Rule 5 defines the record on appeal and permits a party to submit an appendix to be filed separately with the party’s principal brief. The proposed amendments authorize citations to the record, to an appendix, or both.
URAP010. Procedures for summary disposition or simplified appeal process. Amend. The proposed amendments to Rule 10 allow specific classes of appeals to be designated for expedited review. The proposed amendments also narrow the grounds for parties to seek summary disposition by limiting such motions to jurisdictional objections. The Court retains its right to summarily dismiss, affirm, or reverse a case on its own initiative.
Summary of Amendments. The model for e-filing may change as the courts and lawyers gain experience, but the following points describe the main features of the model that we anticipate:
- As in the district court and in the juvenile court, e-filing in the appellate courts will be optional when it is available, with mandatory e-filing by lawyers about 2-4 months after that. The AOC will host e-filing. There will be no third-party service providers, as there are in district court.
- Self-represented parties will continue to file and serve documents by traditional means, but will be encouraged to e-mail them to the court and to the other parties.
- Printed courtesy copies of some briefs will be required. Otherwise only a digital file will be filed.
- As in the district court, e-filing a document has the effect of serving the document on other e-filers. Self-represented parties will have to serve and be served using traditional means, which will include email. Unlike URCP 5, service by email on a self-represented party will not require the party’s agreement.
- The transcriber will electronically file the transcript, as is now the case.
- The record in the review of an administrative agency will be assembled either as a digital or paper file, depending on the capability of the agency, and delivered to the appellate court.
- There will be no traditional assembly of the record on appeal from the district court or juvenile court nor an electronic equivalent of assembly into a single digital file. Exhibits offered or introduced as evidence and not electronically filed in the trial court will be sent to the appellate court in the traditional way.
- The digital records of the district court and juvenile court will be available to lawyers, self-represented parties and the courts through the courts’ e-filing systems. A digital file of assembled agency records will be available to lawyers, self-represented parties and the courts as a digital file. A paper file of assembled agency records will be checked out of the agency or the appellate court in the traditional manner. The court will print select portions of a digital file for a self-represented party upon request and a showing of need.
- Citations in briefs and other appellate filings to the trial court record will be by the number of the document in the trial court docket and the relevant page number within the document. The citation to the trial court record will be a link to the relevant page of the document. Citations to the record of an administrative agency’s digital or paper file will be by citation to the relevant Bates number or page number of the file. The IT department of the AOC has developed an application to simplify the process of creating links, and the application will be publicly available.
- A traditional signature on filings will be permitted but not required. The effective signature is the filer’s electronic signature, which is governed by Title 46, Chapter 4, Uniform Electronic Transactions Act. The filer’s electronic signature carries all of the representations and consequences of a traditional signature.
StandingOrder 08. As to establishment of a pilot program to require submission of electronic courtesy briefs to the Utah Supreme Court and the Utah Court of Appeals.
CJA 05-0201. Requests for enlargement of time by court recorders and transcribers. Amend.
URAP 003. Appeal as of right: how taken. Amend.
URAP 005. Discretionary appeals from interlocutory orders. Amend.
URAP 009. Docketing statement. Amend.
URAP 010. Motion for summary disposition. Amend.
URAP 011. The record on appeal. Amend.
URAP 012. Transmission of the record. Amend.
URAP 013. Notice of filing by clerk. Amend.
URAP 014. Review of administrative orders: how obtained; intervention. Amend.
URAP 016. The agency record on appeal. New.
URAP 019. Extraordinary writs. Amend.
URAP 020. Habeas corpus proceedings. Amend.
URAP 021. Filing and service. Amend.
URAP 021A. Hyperlinks. New.
URAP 022. Computation and enlargement of time. Amend.
URAP 023. Motions. Amend.
URAP 023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Amend.
URAP 023C. Motion for emergency relief. Amend.
URAP 024. Briefs. Amend.
URAP 025. Brief of an amicus curiae or guardian ad litem. Amend.
URAP 026. Filing and service of briefs. Amend.
URAP 027. Form of briefs. Amend.
URAP 029. Oral argument. Amend.
URAP 034. Award of costs. Amend.
URAP 035. Petition for rehearing. Amend.
URAP 036. Issuance of remittitur. Amend.
URAP 039. Duties of the clerk. Amend.
URAP 041. Certification of questions of law by United States courts. Amend.
URAP 042. Transfer of case from Supreme Court to Court of Appeals. Amend.
URAP 043. Certification by the Court of Appeals to the Supreme Court. Amend.
URAP 047. Transmission of record; joint and separate petitions; cross-petitions; parties. Amend.
URAP 048. Time for petitioning. Amend.
URAP 050. Brief in opposition; reply brief; brief of amicus curiae. Amend.
URAP 051. Disposition of petition for writ of certiorari. Amend.
URAP 053. Notice of appeal. Amend.
URAP 054. Transcript of proceedings. Amend.
URAP 055. Petition on appeal. Amend.
URAP 056. Response to petition on appeal. Amend.
URAP 057. Record on appeal; transmission of record. Amend.
URAP 058. Ruling. Amend.
URAP 059. Extensions of time. Amend.
URAP 060. Judicial bypass appeals. Amend.
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.
URAP 05. Discretionary appeals from interlocutory orders. Amend. The amendment states that petitions in criminal and juvenile delinquency cases shall be served on the Office of the Utah Attorney General.
URAP 23B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Amend. The amendment calculates the response time from the date of service and not the date of filing.
URAP 29. Oral argument. Amend. The amendments clarify the standards for continuing oral argument at the request of a party.
URAP 035. Petition for rehearing. Amend. Requires that a petition for rehearing include a copy of the decision. Effective June 1, 2010 under Rule 11-505. Subject to change after the comment period.
Supreme Court Order