procedures rule (Utah) · Go Syfert
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procedures rule in Utah

7 Utah opinions name it 2 courts 1997–2025 2 in the last five years

The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Ostler v. Buhlergreen
utah · 1999 · cited in 1 Utah opinions naming this issue, 2023–2023
1 sentence

2023See Ostler, 1999 UT 99, ¶ 7 (holding that “absent waiver by the parties, non-parties must adhere to the procedural requirements of Rule 24(c) in order to intervene in an action”).

11
State v. Flygaregreen
utahctapp · 2015 · cited in 1 Utah opinions naming this issue, 2015–2015
1 sentence

2015P. 65B(a) ("Except for instances governed by Rule 65C, the procedures in this rule shall govern proceedings on all petitions for extraordinary relief"); see also id.

11
State v. Dunngreen
utah · 1993 · cited in 1 Utah opinions naming this issue, 2011–2011
1 sentence

2011However, Defendant fails to show that had the court required additional proof of the witnesses' distress, required the witnesses to testify in open court, or followed the procedures required by rule 15.5, "there is a reasonable likelihood of a more favorable outcome." See id.; see also State v. Dunn, 850 P.2d 1201, 1224 (Utah 1993) ("We turn first to the element of prejudice.

11
Barnard v. Murphygreen
utahctapp · 1994 · cited in 1 Utah opinions naming this issue, 1997–1997
1 sentence

1997We note that when presented with an affidavit of bias under Rule 63(b), the judge has only two options: “the judge must either certify the affidavit to another judge for review or transfer the case to another judge." Barnard, v. Murphy, 882 P.2d 679, 682 (Utah Ct.App.1994). 5 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Newton v. State green
utah · 2025
2 sentences

2025Under the PCRA’s own instruction, we apply the Utah Rules of Civil Procedure so long as those rules are not inconsistent with any of the PCRA’s mandates or rule 65C. 78 Because rule 65C does not “explicitly address” whether a postconviction petitioner may file a motion for summary judgment, we look to the other rules of civil procedure. 79 Subsection (b) of rule 7 explains the procedures for filing a motion and instructs parties filing a motion for summary judgment that they “must follow the procedures of this rule as __________________________________________________________ 73 Id.

2025Under the PCRA’s own instruction, we apply the Utah Rules of Civil Procedure so long as those rules are not inconsistent with any of the PCRA’s mandates or rule 65C.78 Because rule 65C does not “explicitly address” whether a postconviction petitioner may file a motion for summary judgment, we look to the other rules of civil procedure.79 Subsection (b) of rule 7 explains the procedures for filing a motion and instructs parties filing a motion for summary judgment that they “must follow the procedures of this rule as __________________________________________________________ 73 Id.

12025–2025
State v. Lovell green
utah · 2011
2 sentences

2018This is highlighted by Defendant’s reliance on State v. Lovell, 2011 UT 36 , 262 P.3d 803 , a case decided well after the 2005 amendment.

2018This is highlighted by Defendant’s reliance on State v. Lovell, 2011 UT 36 , 262 P.3d 803 , a case decided well after the 2005 amendment.

12018–2018
State v. Gibbons green
utah · 1987
2 sentences

2018Rather, compliance “shall be determined by examining the record as a whole,” and “any variance from the procedures required by this rule which does not affect substantial rights shall be disregarded.” Id. ¶27 Adding to the complexity of rule 11’s history is the fact that it is not uncommon for criminal defendants to attempt to withdraw their pleas years and even decades after entering them.

2018Rather, compliance "shall be determined by examining the record as a whole," and "any variance from the procedures required by this rule which does not affect substantial rights shall be disregarded." Id. ¶27 Adding to the complexity of rule 11 's history is the fact that it is not uncommon for criminal defendants to attempt to withdraw their pleas years and even decades after entering them.

12018–2018
Barnard v. Utah State Bar green
utah · 1991
1 sentence

1997In the case of Barnard v. Utah State Bar, 804 P.2d 526 (Utah 1991), this court described the nature of the integrated Bar as follows: The Bar is an organization that is sui generis.

11997–1997

Where else courts name it

CA 22 (1976–2023) FL 22 (1985–2025) TX 14 (1998–2026) WY 8 (1966–2021) MD 8 (1970–2016) IN 8 (1975–2010) UT 7 (1997–2025) AZ 7 (1978–2013) WV 6 (1989–2013) MA 5 (1966–1985) NY 5 (1972–2012) IL 4 (1978–1999) CT 4 (1994–2006) WA 4 (1984–2000) OR 4 (1980–2001) DC 3 (1978–2017) MN 3 (1976–2016) AL 2 (1981–1983) OH 2 (2003–2022) KS 2 (2015–2017) MI 2 (2017–2017) LA 2 (1996–2000) WI 2 (1997–2008) TN 2 (2000–2014) NM 2 (1994–2011) MO 2 (1986–1996)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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