Print Version
Previous PageFile uploaded: 11/2/2020

Rule19. Extraordinary writs.

(a)Petition for extraordinary writ to ajudge or agency; petition; service and filing. An application for anextraordinary writ referred to in Rule 65B, Utah Rules of Civil Procedure,directed to a judge, agency, person, or entity must be made by filing apetition with the appellate court clerk. The petition must be served on therespondent judge, agency, person, or entity and on all parties to the action orcase in the trial court. In the event of an original petition in the appellatecourt where no action is pending in the trial court, the petition must beserved personally on the respondent judge, agency, person, or entity andservice must be made by the most direct means available on all persons orassociations whose interests might be substantially affected.

(b)Contents of petition and filing fee.A petition for an extraordinary writ must contain the following:

(1) A statement of all persons orassociations, by name or by class, whose interests might be substantially affected;

(2) A statement of the issuespresented and of the relief sought;

(3) A statement of the factsnecessary to an understanding of the issues presented by the petition;

(4) A statement of the reasons whyno other plain, speedy, or adequate remedy exists and why the writ shouldissue;

(5) Except in cases where the writis directed to a district court, a statement explaining why it is impracticalor inappropriate to file the petition for a writ in the district court;

(6) Copies of any order or opinion orparts of the record that may be essential to an understanding of the mattersset forth in the petition;

(7) A memorandum of points andauthorities in support of the petition; and

(8) The prescribed filing fee,unless waived by the court.

(9) Where emergency relief issought, the petitioner must file a separate petition and comply with theadditional requirements set forth in Rule 23C(b).

(10) Where the subject of thepetition is an interlocutory order, the petitioner must state whether apetition for interlocutory appeal has been filed and, if so, summarize itsstatus or, if not, state why interlocutory appeal is not a plain, speedy,or adequate remedy.

(c)Response to petition. The judge,agency, person, or entity and all parties in the action other than thepetitioner will be deemed respondents for all purposes. Two or more respondentsmay respond jointly. If any respondent does not desire to appear in theproceedings, that respondent may advise the appellate court clerk and allparties by letter, but the allegations of the petition will not thereby bedeemed admitted. Where emergency relief is sought, Rule 23C(d) applies.Otherwise, within seven days after the petition is served, any respondent orany other party may file a response in opposition or concurrence, whichincludes supporting authority.

(d)Review and disposition of petition.The court will render a decision based on the petition and any timely response,or it may require briefing or ?requestfurther information, and may hold oral argument at its discretion. Ifadditional briefing is required, the briefs must comply with Rules 24 and 27.Rule 23C(f) applies to requests for hearings in emergency matters. With regardto emergency petitions submitted under Rule 23C, and where consultation withother members of the court cannot be timely obtained, a single judge or justicemay grant or deny the petition, subject to the court?s review at the earliestpossible time. With regard to all petitions, a single judge or justice may denythe petition if it is frivolous on its face or fails to materially comply withthe requirements of this rule or Rule 65B, Utah Rules of Civil Procedure. Apetition?s denial by a single judge or justice may be reviewed by the appellatecourt upon specific request filed within seven days of notice of disposition,but such request may not include any additional argument or briefing.

(e)Transmission of record. In reviewinga petition for extraordinary writ, the appellate court may order transmissionof the record, or any relevant portion thereof.

(f)Issuing an extraordinary writ on thecourt?s motion. The appellate court, in aid of its own jurisdiction inextraordinary cases, may on its own motion issue a writ of certiorari directedto a judge, agency, person, or entity. A copy of the writ will be served on thenamed respondents in the manner and by an individual authorized to accomplishpersonal service under Rule 4, Utah Rules of Civil Procedure. In addition,copies of the writ must be transmitted by the appellate court clerk, by themost direct means available, to all persons or associations whose interestsmight be substantially affected by the writ. The respondent and the persons orassociations whose interests are substantially affected may, within four daysof the writ?s issuance, petition the court to dissolve or amend the writ. Thepetition must be accompanied by a concise statement of the reasons for dissolvingor amending the writ.

Effective November 1, 2020