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Rule 4. Appeal as of right: when taken.

(a) Appeal from final judgmentand order. In a case in which an appeal ispermitted as a matter of right from the trial court to the appellate court, thenotice of appeal required by Rule 3shall be filed with the clerk of the trial court within 30 days after the dateof entry of the judgment or order appealed from. However, when a judgment ororder is entered in a statutory forcible entry or unlawful detainer action, thenotice of appeal required by Rule 3shall be filed with the clerk of the trial court within 10 days after the dateof entry of the judgment or order appealed from.

(b) Time for appeal extended bycertain motions.

(b)(1) If aparty timely files in the trial court any of the following, the time forall parties to appeal from the judgment runs from the entry of the dispositiveorder:

(b)(1)(A) A motion for judgmentunder Rule 50(b)of the Utah Rules of Civil Procedure;

(b)(1)(B) A motion to amend ormake additional findings of fact, whether or not an alteration of the judgmentwould be required if the motion is granted, under Rule 52(b)of the Utah Rules of Civil Procedure;

(b)(1)(C) A motion to alter oramend the judgment under Rule 59of the Utah Rules of Civil Procedure;

(b)(1)(D) A motion for a newtrial under Rule 59of the Utah Rules of Civil Procedure;

(b)(1)(E) A motion for relief under Rule 60(b) of the Utah Rules of Civil Procedure if the motion is filed nolater than 28 days after the judgment is entered;

(b)(1)(F)A motion or claim for attorney fees under Rule 73 of the Utah Rules of CivilProcedure; or

(b)(1)(G)Amotion for a new trial under Rule 24of the Utah Rules of Criminal Procedure.

(b)(2) A notice of appeal filedafter announcement or entry of judgment, but before entry of an order disposingof any motion listed in paragraph (b), shall be treated as filed after entry ofthe order and on the day thereof, except that such a notice of appeal iseffective to appeal only from the underlying judgment. To appeal from a finalorder disposing of any motion listed in paragraph (b), a party must file anotice of appeal or an amended notice of appeal within the prescribed timemeasured from the entry of the order.

(c) Filing prior to entry ofjudgment or order. A notice of appeal filed afterthe announcement of a decision, judgment, or order but before entry of thejudgment or order shall be treated as filed after such entry and on the daythereof.

(d) Additional or cross-appeal.If a timely notice of appeal is filed by a party, any other party may file anotice of appeal within 14 days after the date on which the first notice ofappeal was filed, or within the time otherwise prescribed by paragraphs (a) and(b) of this rule, whichever period last expires.

(e) Motion for extension of time.

(e)(1) The trial court, upon ashowing of good cause, may extend the time for filing a notice of appeal uponmotion filed before the expiration of the time prescribed by paragraphs (a) and(b) of this rule. Responses to such motions for an extension of time aredisfavored and the court may rule at any time after the filing of the motion.No extension shall exceed 30 days beyond the prescribed time or 14 days beyondthe date of entry of the order granting the motion, whichever occurs later.

(e)(2) The trial court, upon ashowing of good cause or excusable neglect, may extend the time for filing anotice of appeal upon motion filed not later than 30 days after the expirationof the time prescribed by paragraphs (a) and (b) of this rule. The court mayrule at any time after the filing of the motion. That a movant did not file anotice of appeal to which paragraph (c) would apply is not relevant to thedetermination of good cause or excusable neglect. No extension shall exceed 30days beyond the prescribed time or 14 days beyond the date of entry of theorder granting the motion, whichever occurs later.

(f) Motion to reinstate periodfor filing a direct appeal in criminal cases. Upon a showing that a criminal defendant was deprived of the rightto appeal, the trial court shall reinstate the thirty-day period for filing adirect appeal. A defendant seeking such reinstatement shall file awritten motion in the sentencing court and serve the prosecuting entity. If thedefendant is not represented and is indigent, the court shall appoint counsel.The prosecutor shall have 30 days after service of the motion to file a writtenresponse. If the prosecutor opposes the motion, the trial court shall set ahearing at which the parties may present evidence. If the trial court finds bya preponderance of the evidence that the defendant has demonstrated that thedefendant was deprived of the right to appeal, it shall enter an orderreinstating the time for appeal. The defendant's notice of appeal must be filedwith the clerk of the trial court within 30 days after the date of entry of theorder.

(g) Motion to reinstate periodfor filing a direct appeal in civil cases.

(g)(1) The trial court shallreinstate the thirty-day period for filing a direct appeal if the trial courtfinds by a preponderance of the evidence that:

(g)(1)(A) The party seeking toappeal lacked actual notice of the entry of judgment at a time that would haveallowed the party to file a timely motion under paragraph (e) of this rule;

(g)(1)(B) The party seeking toappeal exercised reasonable diligence in monitoring the proceedings; and

(g)(1)(C) The party, if any,responsible for serving the judgment under Rule 58A(d)of the Utah Rules of Civil Procedure did not promptly serve a copy of thesigned judgment on the party seeking to appeal.

(g)(2) A party seeking suchreinstatement shall file a written motion in the trial court within one yearfrom the entry of judgment. The party shall comply with Rule 7of the Utah Rules of Civil Procedure and shall serve each of the parties inaccordance with Rule 5of the Utah Rules of Civil Procedure.

(g)(3) If the trial court entersan order reinstating the time for filing a direct appeal, a notice of appeal mustbe filed within 30 days after the date of entry of the order.

Advisory Committee Note

Paragraph(f) was adopted to implement the holding and procedure outlined in Manning v. State,2005 UT 61, 122 P.3d 628.

Effective November 1, 2016.