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Rule 20 Habeas corpus proceedings

Title IV Extraordinary Writs; Habeas Corpus

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Rule Text

This Rule was repealed on 5/1/2023.

Rule 20 Habeas Corpus proceedings. REPEALED.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

This rule no longer exists. It used to cover how habeas corpus cases were handled on appeal, but Utah got rid of it on May 1, 2023.

If you're looking for information about habeas corpus appeals in Utah, you'll need to check current court rules instead, since this one is no longer in effect. Any case or legal question that once relied on this rule now falls under different rules or procedures. If you're not sure where to look, a court clerk or legal aid service can point you to the right place.

Committee Notes

Advisory Committee Note

The Utah Constitution enshrines the right to a writ of habeas corpus. UtahConst., art. I, sec. 5; art. VIII, sec. 3; art. VIII, sec. 5. The Appellate Rules Committee recommended repealing Rule 20 (Habeas Corpus Proceedings) because it was duplicative of Rule 19 (Extraordinary Relief) and potentially caused incarcerated individuals to forgo filing a petition under the Post-Conviction Remedies Act (Utah Code Title 78B, Chapter 9). The repeal is not intended to substantively affect a defendant’s right to a writ of habeas corpus. Rule 19 of the Utah Rules of Appellate Procedure and Rules 65B and 65C of the Utah Rules of Civil Procedure govern habeas corpus proceedings.

Adopted May 1, 2023

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Last updated: August 2026

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