Every mechanism covered so far in this series — certiorari, rehearing, original jurisdiction, transfer and certification — assumes there is an underlying judgment, decision, or order capable of being appealed through the ordinary process. But sometimes a party faces a…
Getting certiorari granted is the hard part of Utah Supreme Court practice — most petitions are denied, and the entire preceding stages of this series have focused on the discretionary standard that governs whether the Court takes a case at…
The single factor the Utah Supreme Court weighs most heavily in deciding whether to grant certiorari is precedential significance — whether the legal question presented matters beyond the two parties in front of the Court. An amicus curiae brief, filed…
Most states with a two-tier appellate system route appeals directly to the intermediate appellate court, with the state supreme court entering the picture only through discretionary review. Utah does something structurally different. Nearly every appeal is technically filed with the…
Most of this series has focused on certiorari — the discretionary mechanism for getting a case from the Court of Appeals to the Utah Supreme Court. But not every case follows that route. Some matters proceed directly to the Utah…
You won at the Utah Court of Appeals. Now the losing party has filed a petition for writ of certiorari, asking the Utah Supreme Court to take the case. The instinct might be to immediately file a vigorous response defending…
Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including:
