Free Appeal Guidelines (District Court) - Utah

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF UTAH

GUIDELINES FOR APPEAL PROCEDURES TO UNITED STATES DISTRICT COURT

Pursuant to Bankruptcy Rule 8006, the following guidelines and forms should be used to facilitate the processing of the recently filed appeal. The attached forms, or forms very similar to the enclosed may be used for all appeals. Forms are also accessible on the Court's website www.utb.uscourts.gov. 1. Within 10 days after the filing of the Notice of Appeal, the Appellant shall file and serve on the Appellee a Designation of Record & Statement of Issues on Appeal. The Appellee has 10 days after the service of the Appellant's Designation of Record & Statement of Issues to file his/her own Designation of Record & Statement of Issues. Parties need NOT provide a copy of the items Designated to the Clerk of the Bankruptcy Court. 2. Timely requests for Transcripts and Depositions are necessary to ensure adequate time to reproduce the records. Please use the attached order form and return to the Bankruptcy Court as proof of a timely request. If a transcript is already on file the Clerk's office will forward it in the same manner as other documents/pleadings. The Court will not bear the cost of requested transcripts or depositions. 3. The Appeals Clerk has 30 days after the filing of the Appellant's Designation of Record in which to transmit the appropriate pleadings to the U.S. District Court Clerk's office. A District Court Number will then be assigned. After the record is transmitted, all correspondence and telephonic inquiries should be directed to the District Court. Please use the Designation(s) of Record as the index of pleadings if any documents need to be referenced. 4. Upon completion of the Appeals procedure, the District Court will return the record to the Bankruptcy Court. If the case is remanded to the Bankruptcy Court, counsel should obtain time on the Court's calendar for whatever proceedings are required. For further information see Rules 8001-8020.

___________________ Appeals Clerk

David A. Sime Clerk of Court

Rev. 7/05