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Rule 4. Appeal as of right: whentaken.

(a) Appeal fromfinal judgment and order. In a case in which an appeal is permittedas a matter of right from the trial court to the appellate court, the notice ofappeal 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 forappeal extended by certain motions.

(1) If a party timely files in the trialcourt any of the following, the time for all parties to appeal from thejudgment runs from the entry of the dispositive order:

(A) A motion for judgment underRule 50(b)of the Utah Rules of Civil Procedure;

(B) A motion to amend or makeadditional findings of fact, whether or not an alteration of the judgment wouldbe required if the motion is granted, under Rule 52(b)of the Utah Rules of Civil Procedure;

(C) A motion to alter or amend thejudgment under Rule 59of the Utah Rules of Civil Procedure;

(D) A motion for a new trial underRule 59of the Utah Rules of Civil Procedure;

(E) A motion for relief under Rule60(b)of the Utah Rules of Civil Procedure if the motion is filed no later than 28days after the judgment is entered;

(F) A motion or claim for attorneyfees under Rule 73of the Utah Rules of Civil Procedure; or

(G) A motion for a new trial underRule 24of the Utah Rules of Criminal Procedure.

(2) A notice of appeal filed afterannouncement or entry of judgment, but before entry of an order disposing ofany 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 priorto entry of judgment or order. A notice of appeal filed after theannouncement of a decision, judgment, or order but before entry of the judgmentor order shall be treated as filed after such entry and on the day thereof.

(d) Additional orcross-appeal. If a timely notice of appeal is filed by a party, anyother party may file a notice of appeal within 14 days after the date on whichthe first notice of appeal was filed, or within the time otherwise prescribedby paragraphs (a) and (b) of this rule, whichever period last expires.

(e) Motion forextension of time.

(1) The trial court, upon a showingof good cause, may extend the time for filing a notice of appeal upon motionfiled before the expiration of the time prescribed by paragraphs (a) and (b) ofthis rule. Responses to such motions for an extension of time are disfavoredand the court may rule at any time after the filing of the motion. No extensionshall exceed 30 days beyond the prescribed time or 14 days beyond the date ofentry of the order granting the motion, whichever occurs later.

(2) The trial court, upon a showingof good cause or excusable neglect, may extend the time for filing a notice ofappeal upon motion filed not later than 30 days after the expiration of thetime prescribed by paragraphs (a) and (b) of this rule. The court may rule atany time after the filing of the motion. That a movant did not file a notice ofappeal to which paragraph (c) would apply is not relevant to the determination ofgood cause or excusable neglect. No extension shall exceed 30 days beyond theprescribed time or 14 days beyond the date of entry of the order granting themotion, whichever occurs later.

(f) Motion toreinstate period for filing a direct appeal in criminal cases. Upona showing that a criminal defendant was deprived of the right to appeal, thetrial court shall reinstate the thirty-day period for filing a direct appeal. Adefendant seeking such reinstatement shall file a written motion in thesentencing court and serve the prosecuting entity. If the defendant is notrepresented and is indigent, the court shall appoint counsel. The prosecutorshall have 30 days after service of the motion to file a written response. Ifthe prosecutor opposes the motion, the trial court shall set a hearing at whichthe parties may present evidence. If the trial court finds by a preponderanceof the evidence that the defendant has demonstrated that the defendant wasdeprived of the right to appeal, it shall enter an order reinstating the timefor appeal. The defendant's notice of appeal must be filed with the clerk ofthe trial court within 30 days after the date of entry of the order.

(g) Motion toreinstate period for filing a direct appeal in civil cases.

(1) The trial court shall reinstatethe thirty-day period for filing a direct appeal if the trial court finds by apreponderance of the evidence that:

(A) The party seeking to appeallacked actual notice of the entry of judgment at a time that would have allowedthe party to file a timely motion under paragraph (e) of this rule;

(B) The party seeking to appealexercised reasonable diligence in monitoring the proceedings; and

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

(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 7 of theUtah Rules of Civil Procedure and shall serve each of the parties in accordancewith Rule 5of the Utah Rules of Civil Procedure.

(3) If the trial court enters anorder 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.

AdvisoryCommittee Note