Appellate Practice

Practitioner Materials: Standing Order No. 1

UTAH SUPREME COURT

STANDING ORDER NO. 1

(Dealing with matters that fall under Rule 65B(e), normally referred to as "emergency" proceedings or "extraordinary writs")

1. Before a party seeking relief may present to this court a petition for an extraordinary writ or other emergency matter, including a stay, the party must certify by signed statement that it or its counsel has notified opposing counsel or, if unrepresented, the opposing party, that it seeks a hearing before this court at a time certain, and that it has submitted to the opposing party or counsel a copy of supporting papers by delivery or facsimile transmission.

2. In all cases where a party seeks to challenge a court order, it shall also present to this court a copy of that order. Whenever possible, the order in question should be reduced in writing and signed by the judge so that this court will act only on accurate premises.

3. No petition will be heard by one or more members of this court in the absence of the opposing party or their counsel, unless the petitioning party demonstrates that it was impossible to secure their presence. A party or counsel will be considered present if they are able to participate telephonically.

4. At least three members of this court shall hear the petition. Only under extraordinary circumstances will fewer than three members of this court hear the petition, and then only if all reasonable efforts to secure the presence of three or more have failed.

5. The body of any petition that exceeds ten pages shall include a ten-page summary of the factual premises and legal arguments in support. The parties should assume that the court members acting on the petition will need to review only this ten-page summary.

6. This court will not consider an application for a stay pending a decision on a petition for an interlocutory appeal until the party seeking the stay has filed a petition for interlocutory appeal with this court.

FOR THE COURT
/s/
Richard C. Howe
Chief Justice