DISTRICT COURT Seventy-one Judges / Nine Court Commissioners District Court is the state trial court of general jurisdiction. Among the cases it hears are: COURT OF APPEALS Seven Judges: 6-year terms The Court of Appeals hears all appeals from the Juvenile Courts and those from the District Courts involving domestic relations and criminal matters of less than a first-degree felony. It also may hear any cases transfered to it by the Supreme Court. UTAH SUPREME COURT Five Justices: 10-year terms The Supreme Court is the “court of last resort” in Utah. It hears appeals from capital and first degree felony cases and all district court civil cases other than domestic relations cases. The Supreme Court also has jurisdiction over judgments of the Court of Appeals, proceedings of the Judicial Conduct Commission, lawyer discipline, and constitutional and election questions. JUVENILE COURT Twenty-eight Judges / One Court Commissioner Juvenile Court is the state court with jurisdiction over youth under 18 years of age, who violate a state or municipal law. The Juvenile Court also has jurisdiction in all cases involving a child who is abused, neglected, or dependent. JUSTICE COURT One hundred and eight Judges Located throughout Utah, Justice Courts are locally-funded and operated courts. Justice Court cases include: Navigating the Court System 1
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DISTRICT COURTSeventy-one Judges / Nine Court Commissioners
District Court is the state trial court of general jurisdiction.Among the cases it hears are:
COURT OF APPEALSSeven Judges: 6-year terms
The Court of Appeals hears all appeals from the Juvenile Courts and those from the District Courts involving domestic relations and criminal matters of less than a first-degree felony. It also may hear any cases transfered to it by the Supreme Court.
UTAH SUPREME COURTFive Justices: 10-year terms
The Supreme Court is the “court of last resort” in Utah. It hears appeals from capital and first degree felony cases and all district court civil cases other than domestic relations cases. The Supreme Court also has jurisdiction over judgments of the Court of Appeals, proceedings of the Judicial Conduct Commission, lawyer discipline, and constitutional and election questions.
JUVENILE COURTTwenty-eight Judges / One Court Commissioner
Juvenile Court is the state court with jurisdiction over youth under 18 years of age, who violate a state or municipal law.The Juvenile Court also has jurisdiction in all cases involving a child who is abused, neglected, or dependent.
JUSTICE COURTOne hundred and eight Judges
Located throughout Utah, Justice Courts are locally-funded and operated courts.Justice Court cases include:
Navigating the Court System
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Case Types and Initiating Documents in Justice Courts
Case Types in Justice Courts January 2017
GENERAL CIVIL CASES
Contempt A case filed on the court's own motion. May involve a juror or witness who refuses to testify or obey a subpoena or an attorney who fails to appear at a court hearing.
Small Claims A case filed to collect monies owed not exceeding $10,000. (Utah Code 78A‐8‐101 to 109)
Small Claims Gov’t A case filed by a government agency to collect monies owed not exceeding $10,000. (Utah Code 78A‐8‐101 to 109)
CRIMINAL CASES AND ACTIONS
Misdemeanor DUI A violation of Utah driving under the influence statutes punishable by a fine and/or confinement in a local jail, but not by imprisonment in the Utah State prison system. (Utah Code 76‐3‐104)
Other Misdemeanor A crime punishable by a fine and/or confinement in a local jail, but not by imprisonment in the Utah State prison system. (Excludes misdemeanor violations of DUI statutes.) (Utah Code 76‐3‐104)
Infraction A violation of a statute, local ordinance or regulation punishable by a fine, but not of confinement or imprisonment. (Utah Code 76‐3‐105)
TRAFFIC AND PARKING CASES
Parking Citation A case in which a parking citation is resolved.
Parking Court Case A case in which a parking citation is contested and resolved.
Traffic Citation A violation related to the operation of a motor vehicle, usually punishable by fine.
Traffic Court Case A case generated out of a citation related to the operation of a motor vehicle or in which the defendant contests the citation and a hearing is set, or the defendant fails to appear and a warrant is issued.
Case Initiating Documents in Justice Courts January 2017
CASE INITIATING DOCUMENTS
All Criminal Information/Indictment
Small Claims Small Claims Affidavit
Small Claims Gov’t Small Claims Affidavit
Expungement Filings
Expungement Petition
This document should be efiled to the existing criminal case. eFiling Exception: File in paper if for arrest only, or the case is not available in efiling.
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Small Claims Trial and Appeal Flow Chart See https://www.utcourts.gov/howto/smallclaims/ for more Small Claims information Revised August 2016
Small Claims Trial and Appeal Flow Chart
Justice Court District Court
Plaintiff starts case in justice court. Case is tried by a judge. Rules of Small Claims Procedure apply. Appeal is to district court.
Plaintiff starts case in justice court. Defendant removes case to district court (URSCP 4A).
Case is tried in justice court by a judge. Rules of Small Claims Procedure apply. Appeal is to the district court.
Case is tried by a judge or jury in the District Court. Rules of Civil Procedure apply. Appeal is to the Court of Appeals.
Appeal in district court is a trial de novo, with or without a jury. Rules of Small Claims Procedure apply. No further appeals.
Plaintiff starts case in district court. Rules of Civil Procedure apply. Case is tried by a judge or jury. Appeal is to the Court of Appeals.
Plaintiff starts case in district court. Defendant and plaintiff agree to remove case to justice court (Utah Code Section 78A-8-102(2) & URSCP 2A).
Court of Appeals
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2010.10
Checklist for Appealing a Small Claims Judgment
(1) Notice of Appeal Print your name and contact information at the top of the first page. Check
whether you are the plaintiff or defendant or the attorney for the plaintiff or defendant.
Complete the heading exactly as it appears in the Affidavit and Summons. Omit any private or protected information. When filed, this document is a public
record. Code of Judicial Administration Rule 4-202.09(9) requires that you omit from a public record any information that is not itself public information. For a list of records, data and information classified as public, private, and protected, see Rule 4-202.02.
Date and sign the form. Complete the Certificate of Service. Serve the form on the other party. File the form with the trial court clerk.
Keep a copy of all documents for your records. Attend all court hearings.
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Checklist for Removing a Case from Justice Court to District Court
Rev. November 2017 Page 1
Checklist for Removing a Case from Justice Court to District Court
(1) Notice of Removal from Justice Court
First file this document in the district court.
Print your name and contact information at the top of the first page. Check whether you are the defendant or the attorney for the defendant.
Print the judicial district number, the county name and the court address in the blank lines.
Complete the heading exactly as it appears in the complaint.
Paragraph (1): This is a requirement. Make sure that it is true before signing the document.
Paragraph (2): Either you (defendant) must reside in the jurisdiction of the district court or at least one of the events in the case must have happened in the jurisdiction of the justice court. Check one or both boxes, but at least one of the statements must be true.
Paragraph (3): Print the name of the justice court on the blank line.
File the original form with the court clerk.
(2) Notice of Removal to District Court
After you file the Notice of Removal from Justice Court form (described in paragraph (1)) in the district court and have a case number and trial date, file the Notice of Removal to District Court form in the justice court.
Print your name and contact information at the top of the first page. Check whether you are the defendant or the attorney for the defendant.
You must complete a form before you file it. These instructions will help you complete the forms.
Court staff cannot complete a form for you.
Attach a copy of any document referred to in the form.
Keep a copy of all documents for your records.
Attend all court hearings.
Some forms may not apply in your case.
Contact the Self-Help Center if you need more help: http://www.utcourts.gov/selfhelp/contact/.
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Checklist for Removing a Case from Justice Court to District Court
Rev. November 2017 Page 2
Print the judicial district number, the county name and the court address in the blank lines.
Complete the heading exactly as it appears in the complaint.
Paragraph (1): Print the name of the district court on the blank line.
Paragraph (2): Either you (defendant) must reside in the jurisdiction of the district court or at least one of the events in the case must have happened in the jurisdiction of the district court. Check one or both boxes, but at least one of the statements must be true.
Paragraph (3): Print the district court case number and trial date on the blank lines.
Paragraph (5): You have 15 days from the date you were served with the complaint to file this Notice in the justice court and to file this Notice with the district court.
File the original form with the court clerk.
(3) Notice of Hearing
When you file the Notice of Removal from Justice Court, the district court clerk will schedule the case for trial. Select a date that is convenient for you, the other party and the court.
Print your name and contact information at the top of the first page.
Check district court. Print the judicial district number, the county name and the court address on the blank lines. Complete the heading exactly as it appears in the complaint/petition.
Identify plaintiff and defendant by name and address.
Print “Trial” on the blank line. Print the date and time of the trial. Print also the judge’s name and courtroom number for the hearing.
Date and sign the form.
Complete the Certificate of Service.
Serve the form and any attachments on the other party by one of the methods described in the certificate of service. URCP 5 governs service.
File the original form with the court clerk.
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What is Juvenile Court?
Established in 1905, Utah’s Juvenile Court serves
many purposes. The court has jurisdiction over juve-
niles under the age of 18 who have committed an
offense. The court also has jurisdiction over
ungovernable youth if social services and the
schools have failed—despite persistent efforts—to
correct the youth’s problem. The court protects the
community, orders appropriate sanctions for delin-
quent juveniles, and directs their rehabilitation. The
court also handles matters involving abused, neg-
lected, or dependent children.
CHILDREN WHO VIOLATE THE LAW
How do cases reach Juvenile Court?
Alleged offenses are generally first reported to the
Juvenile Court by the police. At the court, cases are
assigned to an intake officer who meets with both
the juvenile and his or her parents to determine
what action is necessary. If the juvenile denies the
charge, the intake officer will set a time for a hearing
with a judge.
If the juvenile admits to the charge, the intake officer
has two options, depending on a number of factors
including the severity of the offense, the family situ-
ation, and the juvenile’s age and past record. The
officer may set a time for the juvenile and the par-
ents to have a court hearing with a judge or the offi-
cer may develop a non-judicial contract that out-
lines how the juvenile will be held accountable for
the offense that was committed. If the contract is ful-
filled, the juvenile’s case will not go to court.
What are Juvenile Courts like?
Juvenile Courts are different in some ways fromadult courts. Attempts are made to protect the juve-nile’s privacy, so many of the hearings are closed tothe public. Generally, only the juveniles and theirparents are present at the hearing. At least one legalguardian must attend, unless the child is a ward ofthe state. The intake officer also attends. JuvenileCourt hearings are less formal than trials held inadult courts. Juveniles do not have the right to a jurytrial, nor can they post bail in order to get out ofdetention, unless they are from out of the state.
Juvenile Courts are similar to adult courts in that the
courts are required to meet constitutional require-
ments of due process. Juveniles must be notified of
all the charges against them and must be given the
chance to call and cross-examine witnesses. They
have the right to an attorney and the right against
self-incrimination.
What are the most common types ofoffenses committed by juveniles?
The most commonly committed offenses by juve-
niles in Utah are shoplifting, possession of alcohol,
theft, burglary, possession of marijuana, destruction
of property, possession of tobacco, trespassing, vio-
lation of curfew, and assault.
Utah’s Juvenile Courts
Published December 2003 by T
he Administrative Office of the Courts,
450 South State Street, P.O. Box 140241,
Salt Lake City, UT 84114-0241,
(801) 578-3800.
For more information, go to
www.utcourts.gov/courts/juv.
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What kinds of dispositions do juveniles receive?
The disposition that a juvenile receives depends onmany factors such as the type of offense that hasbeen committed as well as the juvenile’s pastrecord. Restitution, fines, and community service arethe most common penalties; sometimes dispositionsare a combination of the three. In 2002, the JuvenileVictim Restitution Program returned more than$1,137,000 to the victims of juvenile crime. Also in2002, youth completed more than 787,800 hours ofcommunity service and received more than$985,000 in fines and fees.
Can a juvenile be tried in an adult court?
A juvenile can be tried as an adult in the following conditions:
1. Any 16 or 17-year-old juvenile accused of murder is automatically tried in an adult court.
2. Any 16 or 17-year-old juvenile who has previously been sentenced to a secure facility and is then charged with another felony is automaticallytried in adult court.
3. Any 16 or 17-year-old juvenile charged with one of 10 designated felonies against a person ischarged as an adult in Juvenile Court. The juvenile is then remanded to adult court unless the juvenile convinces the Juvenile Court judge that there are compelling reasons to keep the case in Juvenile Court.
4. Any juvenile 14 or older charged with a felony can be transferred to adult court if the prosecutor convinces the juvenile judge that it isin the state’s best interest to hear the matter in adult court.
What happens to a juvenile’s record?
Generally, only the juvenile, the parents, and the
attorney representing the juvenile have access to a
juvenile’s record. If a youth is 14 or older and com-
mits a felony, certain parts of his or her records are
available on request. The Juvenile Court may consid-
er past records to determine dispositions for new
offenses. If a youth is later convicted in an adult
court, his or her record may be made available to
adult probation and parole for use in preparing their
pre-sentencing report.
To expunge a Juvenile Court record, the juvenile
must pay a filing fee and request an expungement
hearing at least one year from the date jurisdiction
ended. The judge may expunge the record if the
juvenile has stayed out of trouble during the year
and has reached the age of 18.
CHILDREN WHO ARE VICTIMS
What constitutes abuse, neglect, or dependency?
An abused child is one who has suffered or been
threatened with nonaccidental physical or mental
harm, sexual exploitation, or is at a substantial risk
of such injury. A neglected child is one who has
been abandoned, mistreated, or abused by a parent,
guardian, or custodian or who is at risk of such
harm. A dependent child is one who is homeless or
without proper care through no fault of the parent
or guardian.
How does the court become involvedin child victim cases?
In Utah, anyone can file a petition alleging that a
child is abused or neglected. The Division of Child
and Family Services (DCFS) make the majority of
these filings. The state may place children who are
perceived to be in immediate danger into protective
custody even before a petition is filed. If a child has
been physically harmed, the court may order emer-
gency medical treatment.
A pre-trial hearing is held after the initiation of an
action. The parents are notified of the date and time
of the hearing and reminded that they have the right
to an attorney. If the parents do not attend, the court
proceeds to decide the case. If the parents do
appear and admit that the allegations are true, the
judge will determine how best to guarantee the safe-
ty of the child. If the parents appear and deny the
allegations, a trial date will be set.
At trial, whoever filed the petition has the responsi-
bility to prove that the charges are true. The follow-
ing parties should be present with their attorneys:
the petitioner, the parents, the state-appointed
guardian ad litem, and an assistant Attorney
General, who represents DCFS.
What can the juvenile court do if abuse has occurred?
The driving principle in Juvenile Court is "the best
interest of the child." Children remain with their
parents or guardians whenever it is safe and appro-
priate for the child. When a child must be removed
from the home due to a finding of abuse or neglect,
the child may be promptly returned to the parents,
subject to certain conditions. In other cases, the
child will be temporarily taken away while the par-
ents comply with the court’s order to attend coun-
seling or to receive other social services. If a parent
is found to be unfit or has abandoned the child, the
court may order that either one or both parents
immediately lose their parental rights to the child.
If both parents lose their parental rights, the
Juvenile Court may place the child in the care of a
relative or the state. The court also has the authority
to proceed with adoption proceedings if it decides
that adoption is in the best interest of the child and
an adoptive family is available. On average, child
abuse or neglect cases are resolved 8.3 months
after removal. About 50 percent of the cases result
in reunification with the family members, 24 per-
cent result in guardianship or custody granted to a
relative, and 18 percent result in adoption.
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UTAH JUVENILE COURT
Instructions for Requesting Access to C.A.R.E. August 2018
NOTE: The instructions, required forms, training materials and other juvenile court eFiling information are available on the Court’s web site at www.utcourts.gov/eFiling/juvenile.
STEP 1 AGENCY/FIRM ACCESS REQUEST Attorneys and/or agency/firm representatives must fully complete and submit the Agency/Firm Access Request form to the Trial Court Executive (TCE) or eFiling specialist/C.A.R.E. trainer in their local district. If the attorney/agency/firm practices in multiple districts, they will only need to request access in their primary district of practice. All requests must identify the name and job title of each employee who requires access to C.A.R.E. Everyone associated with the same firm has access to all cases assigned to an attorney within that firm, providing they have their own C.A.R.E. login and password.
STEP 2 E-FILING SPECIALIST/C.A.R.E. TRAINER CONTACTS THE AGENCY/FIRM The district eFiling specialist/C.A.R.E. trainer works with the TCE to review the Agency/Firm Access Request. If the FIRM does not already exist in C.A.R.E., the specialist/trainer will notify the Court’s IT department so the FIRM can be created in C.A.R.E.. Once the FIRM has been verified/created in C.A.R.E., the eFiling specialist/C.A.R.E. trainer will contact the agency/firm representative to explain the C.A.R.E. training process, provide eFiling web site information and provide them with a copy of the C.A.R.E. Computer Set-up Instructions.
STEP 3 ATTORNEY/AGENCY/FIRM MAKES ARRANGEMENTS FOR TRAINING Once the attorney/agency/firm has reviewed the C.A.R.E. Computer Set-up Instructions and has verified they can comply with the required technology, they should contact the eFiling specialist/C.A.R.E. trainer to schedule a training session for their user(s) per local district policy.
STEP 4 USER COMPLETES THE C.A.R.E. USER AGREEMENT FORM AT THE TRAINING SESSION The eFiling specialist/C.A.R.E. trainer will review and discuss the available roles for the Users. The eFiling specialist/C.A.R.E. trainer confirms the appropriate roles for the User are selected on the C.A.R.E. Individual User Agreement form. Each User must fully complete, initial and sign the C.A.R.E. Individual User Agreement form.
STEP 5 EFILING SPECIALIST/C.A.R.E. TRAINER PROVIDES BASIC C.A.R.E. TRAINING The eFiling specialist/C.A.R.E. trainer provides basic C.A.R.E. training as outlined in the Certificate of Training. In addition to a basic C.A.R.E. overview, Users’ will be trained on access and functionality specific to their C.A.R.E. roles. Upon successful completion of the training, each User and the eFiling specialist/C.A.R.E. trainer should sign the Certificate of Training. The eFiling specialist/C.A.R.E. trainer will provide the User with information on the Online Training Program (OTP) modules that are available for partners and any additional training materials/information that may be available, as well as the link to the Court’s website (www.utcourts.gov/eFiling/juvenile). NOTE: Local court practices determine if eFiling specialist/C.A.R.E. trainers provide training for all Users or if the court will train a designated agency/firm representative who is then responsible to train other agency/firm staff.
STEP 6 USER REQUESTS ACCESS IN C.A.R.E. ON THE C.A.R.E. HOME PAGE The eFiling specialist/C.A.R.E. trainer will assist the user in requesting access from the C.A.R.E. home page. In addition to entering the identifying information, the user should select the Primary and Secondary
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court districts/offices where they practice. Based on the selected districts, C.A.R.E. will populate the district’s TCE under the System Access Supervisor, which the user should select from the drop down list.
Users other than JJS staff should leave the Primary JJS Office field blank. All attorneys will need to select FIRM access in C.A.R.E.. If the user’s firm is not listed, the eFiling specialist/C.A.R.E. trainer will notify the Court’s IT department to create the firm. The attorney’s Bar number field is required for attorneys ONLY. If you are not an attorney, leave this field blank.
STEP 7 REVIEWS OF C.A.R.E. ACCESS REQUEST AND USER AGREEMENT FORMS The e-filing specialist/C.A.R.E. trainer submits copies of the signed C.A.R.E. Agency/Firm Access Request, C.A.R.E. Individual User Agreement and Certificate of Training to the TCE for approval. Once approved,the user will be notified by two separate emails using the email they provided in the request access inC.A.R.E. process from the C.A.R.E. home page. The user will receive one email with their login and aseparate email with their password information.NOTE: The attorney is responsible to submit a Notice of Appearance, or other initiatingdocumentation as appropriate, when access to a case is required.
STEP 8 QUESTIONS, TRAINING AND TECHNICAL DIFFICULTIES Additional training materials, Q&A information and forms are available on the Court’s web site at www.utcourts.gov/eFiling/juvenile. If you still have questions or technical difficulties, you can contact your district’s e-filing specialist/C.A.R.E. trainer. PLEASE REMEMBER: The agency/firm representative is responsible to contact the TCE to inform them when a user with access to C.A.R.E. leaves the agency/firm so their access can be deactivated as soon as possible.
Q: Do you have any stock jury instructions, verdict forms, or other information you
would like hyperlinked to your bench book? If so please advise us to the link to
this information or provide us with copies of the same so we may link it to your
bench book.
A: https://www.utcourts.gov/resources/muji/
For Specific, detailed instructions on jury trials (also probably helpful in bench trials)
please see : [insert link here]
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Checklist for Appellate Jurisdiction
(If a request for retention is submitted, this form must be returned with that request and must provide all applicableinformation or the request for retention will not be considered by the Court. Any additional information relevant tojurisdiction may be included in the letter requesting retention)
The case number in the lower court ___________________
The date the final judgment was entered or, if the time for appeal was reinstated pursuant to Subparts (f)or (g) of Rule 4 of the Rules of Appellate Procedure, the date of reinstatement ______________________
Whether the trial court entered a “separate document” as required by Rule 58A(a) of the Rules of CivilProcedure: Yes ____ No ____ Not Applicable _____ .
The date of entry of that document ____________________________
The date of the filing of the appeal to which this retention request is directed ______________________
Whether any other appeals or cross-appeals in the same case have been filed: Yes ____ No ____ . The date(s) of those appeal(s) _____________________ , _____________________ ,_____________________
Whether the judgment listed above resolved the case as to all claims and parties: Yes ____ No ____
If no, whether the judgment was certified as final pursuant to Rule 54(b) of the Rules of CivilProcedure: Yes ____ No ____ . List the date of certification ______________________
Whether the judgment listed above included a ruling concerning attorney fees: Yes ____ No ____
If attorney fees were awarded at any time, whether the amounts of all awards of fees were fixed prior tothe date of your latest appeal: Yes ____ No ____ Not Applicable _____ . List the date of the last orderfixing the fees: ______________________
Whether Rule 4(b) of the Rules of Appellate Procedure is applicable: Yes ____ No ____
If yes, list the date of any motion listed in Rule 4(b) ______________________ and the date ofresolution of that motion ______________________
Whether Rule 4(c) of the Rules of Appellate Procedure is applicable: Yes ____ No ____
Whether the time to file the appeal was extended: Yes ____ No ____ . List the date of any motion foran extension ___________________ and the date of the order extending the time ______________________
Whether the appeal was filed pursuant to Utah Code § 78B-11-129: Yes ____ No ____ . If yes, list thesubsection(s) of that provision that is (are) applicable: ___________ , ___________ , ___________
The statutory provision conferring appellate jurisdiction on this Court — ie., the applicable subsection of
Utah Code § 78A-3-102 ( _________ )
(Revised 2/1/2016)
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Checklist for Briefs Revised January 2018 Page 1 of 5
Checklist for Briefs Utah Rules of Appellate Procedure 24, 26, and 27
Filing Deadlines Appellant’s brief due 40 days from notice by clerk
Appellee’s brief due 30 days from appellant's brief
Appellant’s reply brief due 30 days from appellee's brief
Service of Briefs Briefs must be served on the attorneys for all parties to the appeal.
If the party is not represented by an attorney, they must be served on the self-represented party.
If the appeal is of a felony, the briefs must be served on the Attorney General. If the appeal is of a misdemeanor, the briefs must be served on the prosecuting
attorney. An original signature is required on the proof of service.
Number of Copies
Supreme Court 8 copies, one with original signature
Court of Appeals 6 copies, one with original signature
Counsel for each party Two copies
Self-represented parties One copy
Length of Brief
Appellant and Appellee 14,000 words or less, or 30 pages (if no compliance)
Appellant’s Reply 7,000 words or less, or 15 pages (if no compliance)
Petition for Rehearing 15 pages, excluding addendum
Size and Binding Paper size: 8 ½ " x 11". Binding: Compact or Vello binding required; coiled plastic or spiral binding is not
acceptable.
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Checklist for Briefs Revised January 2018 Page 2 of 5
Printing Requirements Margins must be at least one inch on top, bottom and sides of each page. Proportionally spaced typeface must be 13-point or larger for both text and
footnotes. A monospaced typeface may not contain more than ten characters per inch for both text and footnotes.
Print on both sides of the page. Double spaced; 1½ line spacing is not acceptable.
Cover Requirements Paper Stock - must be heavy weight paper.
Cover color
Appellant or Petitioner Blue
Appellee or Respondent Red
Reply Gray
Petition for Rehearing Tan
Response to Petition for Rehearing White
Case caption
o Full title of the case as it appeared in the trial court o Designation of the parties as they appeared in the trial court (e.g.,
"plaintiff/defendant"); o Designation of the parties as they appear in the appellate court (e.g.,
"appellant/appellee").
Name of the appellate court Specify either "In the Utah Supreme Court" or "In the Utah Court of Appeals"
Designation of brief as public or non-public If a brief or addendum contains non-public information, the filer must also file a public version with all such information removed. Utah Rule of Appellate Procedure 21(g) requires the filer to file an unredacted version for the court and a version for the public that does not contain the confidential information.
Appellate court docket number
Title of the document For example "Brief of the Appellant" or "Brief of the Appellee"
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Checklist for Briefs Revised January 2018 Page 3 of 5
Nature of the proceeding
For example, "Appeal"
Name of the trial court and name of the judge For example, "Appeal from the Third District Court, Salt Lake County, Judge Smith"
Name and Address of Attorneys or Self-Represented Parties
The name and address of the person filing the brief (attorney or self-represented party) should be on the lower right of the brief. The name and address of the opposing attorney or self-represented party should be on the lower left.
See last page of this checklist for an example of a brief cover.
Content Requirements In this order:
List of all parties.
Table of contents with page references.
Table of authorities with page references: o cases listed alphabetically with parallel citations o rules o statutes o other authorities
Introduction
Statement of the issues. For each issue state the standard of review and
supporting authority.
Citation to the record showing the issue preserved in the trial court, or statement of grounds for seeking review if the issue was not preserved in the trial court.
Statement of the case identifying the page(s) of the record as marked by the clerk.
o Facts of the case relevant to the issue(s); o Procedural history relevant to the issue(s); o Disposition at trial court or agency.
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Checklist for Briefs Revised January 2018 Page 4 of 5
Summary of the argument.
Argument.
Conclusion containing a statement of the relief sought.
Original signature of counsel of record or self-represented party on one copy of brief; reproduced signature on other copies.
Certificate of Compliance Complies with word limitation
Complies with Utah Rule of Appellate Procedure 21 regarding public and private
records
Filing by Email (Supreme Court Standing Order No. 11) Parties may email their brief to the court:
The required paper copies must be delivered to the appellate clerk’s office within 7 days of emailing.
Addendum Attach at end of brief or file separately. Not counted against total page number. Contents:
o Copy of opinion, memorandum decision, findings of fact, conclusions of law, orders, jury instructions;
o Copies of parts of the record of central importance such as contracts or other documents;
o Copies of determinative constitutional provisions, statutes, or rules.
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Checklist for Briefs Revised January 2018 Page 5 of 5
Sample brief cover format
IN THE UTAH COURT OF APPEALS State of Utah,
Plaintiff / Appellee vs. Albert James Jones,
Defendant / Appellant
PUBLIC [or] NON-PUBLIC
Case No. 20160001-CA
Brief of Appellant
Appeal from the Fourth District Court, Utah County, from a conviction of a first degree felony before the Honorable Robert Robertson
Utah Attorney General's Office Appeals Division 160 East 300 South Salt Lake City, UT 84114-0854 801-123-4567 Counsel for Appellee
Josephine Parker Attorney at Law 1245 Main Street Provo, UT 84332 801-123-0000 Counsel for Appellant
26
Date UTAH SUPREME COURT/UTAH COURT OF APPEALS Case No. CHECKLIST FOR BRIEFS
_____ RECORD HAS BEEN RETURNED- Rule 26(d) _____ TIMELY FILING OF BRIEF- Rule 26(a)
If a brief is untimely, a motion under Rule 22 will be mandatory for permission to file a late brief._____ CORRECT NUMBER OF COPIES- Rule 26(b)
1. Supreme Court: 8 copies, one containing original signature2. Court of Appeals: 6 copies, one containing original signature
_____ SIZE AND BINDING **Compact-type binding. Coiled plastic and spiral-type bindings are NOT acceptable.**_____ PRINTING REQUIREMENTS- Rule 27
___ 1. Proportionally spaced typeface must be 13-point or larger for both text and Footnotes; mono-spaced typeface may notcontain more than 10 characters per inch.
___ 2. Print on both sides of the page.___ 3. Double-spaced; 1 ½ spacing is unacceptable.___ 4. 1" margin on all sidesCOVER REQUIREMENTS- Rule 27(d)
______ 1. Color: Appellant: Blue Appellant/Cross-appellee Response: GrayAppellee/Cross-appellant: Red Appellee/Cross-appellant Reply: GrayAmicus, Intervenor, Guardian: Green
______ 2. Name/address of counsel and designation parties representeda. Party filing brief on lower right coverb. Opposing counsel on lower left cover
CONTENT REQUIREMENTS - IN ORDER STATED - Rule 24
_____ List of all parties (current and former)
_____ Table of Contents with page references
_____ Table of Authorities
_____ Introduction
_____ Statement of Issues with standard of appellate review
___ 1. Citation to record showing issue preserved in Trial court; or___ 2. Statement of grounds for seeking review of issue not preserved in Trial Court
_____ Statement of Case with citation to the record
___ 1. Facts of the case, to the extent necessary to understand issues presented for review___ 2. Procedural history of the case, to the extent necessary to understand issues presented for review___ 3. Disposition in court or agency whose judgment or order is under review
_____ Summary of Argument
_____ Argument
_____ Conclusion
_____ LENGTH (Excluding Addendum)
1. Appellant: 14,000 words or less or 30 pages (if no compliance)2. Appellee: 14,000 words or less or 30 pages (if no compliance)3. Appellant Reply: (optional) 7,000 words or less or 15 pages (if no compliance)4. Guardian ad Litem or Intervenor: 14,000 words or less or 30 pages (if no compliance)5. Amicus Curiae: 14,000 words or less or 30 pages (if no compliance)6. Appellant/Cross-Appellee: 14,000 words or less or 30 pages (if no compliance)7. Appellee/Cross-Appellant: 21,000 words or less or 45 pages (if no compliance)8. Appellant/Cross-Appellee Response: 14,000 words or less or 30 pages (if no compliance)9. Appellee/Cross-Appellant Reply: 7,000 words or less or 15 pages (if no compliance)10. Legality of death sentence Principal 28,000 works or less or 60 pages (if no compliance)11. Legality of death sentence Reply 14,000 works or less or 30 pages (if no compliance)
____ CERTIFICATE OF COMPLIANCE- Rule 24(a)(11)
___ 1. Complies with number of words___ 2. Complies with Rule 21 governing public and private records
_____ Signature of counsel of record OR party if Pro Se
_____ Proof of Service
_____ Addendum: Findings of fact; memorandum decision; final order; Court of Appeals opinion when Petition for Certiorari is granted
_____ PDF version of Brief or Brief on Disc (due 14 days following filing of brief. Refer to Standing Order 8.)
_____ Check attorneys in AIS. Make sure attorneys listed on brief are listed on the case in AIS!!!11/1/17 \\COURTSHARE01\appeals\Shared\CLERKS\FORMS\Checklist(s)\DRAFT checklist.briefs 11-1-17.wpd27