Court of Appeals Law and motion case files, 1986-

By constitutional amendment a Court of Appeals began functioning in 1987 in the state to control the growing backlog of cases on appeal to the Utah Supreme Court. The "Court of Appeals hears appeals regarding decisions made in District Court, Juvenile Court, and Circuit Court. It also hears appeals regarding the decisions of most state agencies. It does not, however, hear any cases involving charges of first-degree or capital felonies." (From "Capitol Connections" newsletter, volume 1, issue 8, December 1993, page 4.)

"By statute, appeals from the Circuit Court (except on small claim decisions) and the Juvenile Court go directly to the Court of Appeals. In addition, the Court of Appeals reviews appeals from the District Court involving domestic-relations cases, appeals in criminal cases not involving first degree or capital felonies, appeals from formal adjudication proceedings (excluding those reserved for Supreme Court review), and other matters outlined in the statutes.

"The Court of Appeals may, on its own initiative, certify to the Supreme Court any appeal on its calendar which it feels should be decided directly by the state's highest court. Use of this procedure is designed to minimize 'double appeals' to the Supreme Court of decisions rendered by the Court of Appeals." (Source: "State and Local Government in Utah," 1992 ed., pp. 67-68.)

The Court of Appeals consists of seven judges who serve for six-year terms. The court sits and renders judgment in panels of three judges. A presiding judge is elected from among members of the Court of Appeals. The presiding judge serves a two-year term or until a successor is elected. The presiding judge (1) administers the rotation and scheduling of panels, (2) acts as a liaison with the Supreme Court, (3) calls and presides over meetings of the Court of Appeals, and (4) carries out the duties prescribed by the Supreme Court and the Judicial Council. (Source: "State and Local Government in Utah," 1992 ed., pp. 67-68.)

This series contains the law and motion files created by the Court of Appeals. These case files may include docketing statements, written motions, proposed orders, stipulations, and similar documents. Docketing statements are summary statements of the facts and issues of the appeal. Written motions are requests for the Court to issue a proposed order, grant leave for deviations from normal procedure, or to make any other requests of the Court pertaining to the case at hand. Stipulations are statements of agreement between the parties to a case pertaining to the facts or agreements on settlement.