Rule 23C. Motion for emergency relief.
(a) Emergency relief; exception. Emergency relief is any reliefsought within a time period shorter than specified by otherwise applicablerules. A motion for emergency relief filed under this Rule is not sufficient toinvoke the jurisdiction of the appellate court. No emergency relief will begranted in the absence of a separately filed petition or notice that invokesthe appellate jurisdiction of the court.
(b) Content of motion. A party seeking emergency relief shall filewith the appellate court a motion for emergency relief containing underappropriate headings and in the order indicated:
(b)(1) a specification of theorder from which relief is sought;
(b)(2) a copy of any writtenorder at issue;
(b)(3) a specific and clearstatement of the relief sought;
(b)(4) a statement of thefactual and legal grounds entitling the party to relief;
(b)(5) a statement of the factsjustifying emergency action; and
(b)(6) a certificate that allpapers filed with the court have been served upon all parties by overnightmail, hand delivery, facsimile, or electronic transmission.
The motion shall not exceed fifteen pages, exclusive of anyaddendum containing statutes, rules, regulations, or portions of the recordnecessary to decide the matter. It also shall not seek relief beyond thatnecessitated by the emergency circumstances justifying the motion.
(c) Service in criminal and juvenile delinquency cases. Any motionfiled by a defendant in a criminal case originally charged as a felony or by ajuvenile in a delinquency proceeding shall be served on the Appeals Division ofthe Office of the Utah Attorney General.
(d) Response; no reply. Any party may file a response to themotion within three days after service of the motion or whatever shorter timethe appellate court may fix. The response shall not exceed fifteen pages,exclusive of any addendum containing statutes, rules, regulations, or portionsof the record necessary to decide the matter. No reply shall be permitted.Unless the appellate court is persuaded that an emergency circumstancejustifies and requires a temporary stay of a lower tribunal?s proceedings priorto the opportunity to receive or review a response, no motion shall be grantedbefore the response period expires.
(e) Form of papers and number of copies. Papers filed pursuant tothis rule shall comply with the requirements of Rule 23(f).
(f) Hearing. A hearing on the motion will be granted only inexceptional circumstances. No motion for emergency relief will be heard withoutthe presence of an adverse party except on a showing that the party (1) wasserved with reasonable notice of the hearing, and (2) cannot be reached bytelephone.
(g) Power of a single justice or judge to entertain motions. Asingle justice or judge may act upon a motion for emergency relief to theextent permitted by Rule 19(d) where the relief sought is an extraordinary writand by Rule 23(e) in all other cases.