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GUIDELINES FOR APPEAL PROCEDURES TO
UNITED STATES DISTRICT COURT
Pursuant to Fed. R. Bankr. P. 8001 through 8028, the following guidelines should be used to facilitate the processing of the recently filed appeal. The forms mentioned below are accessible on the Bankruptcy Court's website https://www.utb.uscourts.gov.
- The Bankruptcy Court's Appeals Clerk, as required by DUCivR 83-7.9, has already transmitted copies of the Notice of Appeal and Statement of Election and other pertinent pleadings to the U.S. District Court Clerk's office. A District Court case number will be assigned. Within 14 days after the filing of the Notice of Appeal, the Appellant shall file a Designation of Record and Statement of Issues on Appeal with the Bankruptcy Court and serve a copy on the Appellee. The Appellee has 14 days after the service of appellant's Designation of Record and Statement of Issues to file his/her own Designation of Record and Statement of Issues with Bankruptcy Court and serve a copy on the Appellant. All further documents shall be filed with the United States District Court for the District of Utah. Instructions to assist you will be forwarded by the District Court Clerk's office.
- Timely Requests for Transcripts are necessary to ensure adequate time to reproduce the records. Any party must order the parts of the transcript that will be needed on appeal. The Court will not bear the cost of requested transcripts. Please file the transcript order form with the Clerk of the Bankruptcy Court and the U.S. District Court Clerk's office as proof of a timely request.
- 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 Fed. R. Bankr. P. 8001-8028.
- As mentioned previously, forms may be obtained or referenced on the Bankruptcy Court website. In addition, copies of the docket may be obtained through PACER (https://www.pacer.gov) or by contacting the Bankruptcy Court Clerk's office at 801-524-6687.
David A. Sime
Clerk of Court