Print Version
Previous PageFile uploaded: 5/1/2019

Rule 46. Considerations governing review ofcertiorari.

(a) Review by a writof certiorari is not a matter of right, but of judicial discretion, and will begranted only for special and important reasons. The primary consideration iswhether a decision on the question presented is likely to have significantprecedential value. The possibility of an error in the Court of Appeals? oranother tribunal?s decision, without more, ordinarily will not justify review. Thefollowing, while neither controlling nor wholly measuring the Supreme Court'sdiscretion, indicate the character of reasons that typically will beconsidered:


??????????? (1)The petition presents a question regarding the proper interpretation of, orambiguity in, ?????? a constitutional provision,statute or rule that is likely to affect future cases;


??????????? (2)? The petition presents a legal question offirst impression in Utah that is likely to recur in future cases;


(3)? The petitionprovides an opportunity to resolve confusion or inconsistency in a legalstandard set forth in a decision of the Court of Appeals, or in a? prior decision of the Supreme Court, that islikely to affect future cases; or


(4) The petition challenges a decision of the Court ofAppeals with regard to a legal issue that has not been addressed by the SupremeCourt and that is likely to recur in future cases.


(b) After a petitionfor certiorari has been filed, the panel that issued the opinion of the Courtof Appeals may issue a minute entry recommending that the Supreme Court grantthe petition. Parties shall not request such a recommendation by motion orotherwise.


Effective May 1, 2019