Utah Courts
URAP Rule 55 (Rules of Appellate Procedure)
URAP Rule 55 (Rules of Appellate Procedure)
Rule 55. Petition on appeal.
(a) Filing; dismissal for failure to timely file. The appellant must file with the Court of Appeals clerk a petition on appeal within 15 days from transmission of the record on appeal by the Court of Appeals to each party. The petition will be deemed filed on the date of the postmark if first-class mail is used. Filing of the petition must be in accordance with Rule 21(a). If the petition on appeal is not timely filed, the court may dismiss the appeal or take other appropriate action. The petition must be accompanied by proof of service. The appellant must serve a copy on counsel of record of each party, including the Guardian ad Litem, or, if the party is not represented by counsel, then on the party at the party’s last known address, in the manner prescribed in Rule 21(c).
(b) Preparation by counsel. If the petitioner has appointed counsel in the juvenile court, or has been found to be indigent, then the petition on appeal must be prepared by appellate counsel appointed pursuant to the requirements of Rule 11-401 of the Utah Code of Judicial Administration. Counsel must be appointed within 21 days from the filing of the original notice of appeal. Otherwise, the petition on appeal must be prepared by appellant’s trial counsel.
(c) Format. All petitions on appeal must substantially comply with the Petition on Appeal form that accompanies these rules. The petition must not exceed 5,000 words, excluding the attachments required by Rule 55(d)(7). The petition must comply with Rule 27(a) and (b), except that it may be printed or duplicated on one side of the sheet.
(d) Contents. The petition on appeal must include all of the following elements:
(1) A statement of the nature of the case and the relief sought.
(2) The entry date of the judgment or order on appeal.
(3) The date and disposition of any post-judgment motions.
(4) A concise statement of the material adjudicated facts as they relate to the issues presented in the petition on appeal.
(5) A statement of the legal issues presented for appeal, how they were preserved for appeal, and the applicable standard of review. The issue statements should be concise in nature, setting forth specific legal questions. General, conclusory statements such as "the juvenile court’s ruling is not supported by law or the facts" are not acceptable.
(6) The petition should include supporting statutes, case law, and other legal authority and argument for each issue raised, including authority contrary to appellant’s case, if known.
(7) The petition on appeal must have attached to it:
(A) a copy of the order, judgment, or decree on appeal;
(B) a copy of any rulings on post-judgment motions.