Rule 38. Appeals from justice court to district court.
(a)
Appeal of a judgment or order of the justice court is as provided in Utah Code
§ 78A-7-118. A case appealed from a justice court must be heard in a district
courthouse located in the same county as the justice court from which the case
is appealed. In counties with multiple district courthouse locations, the
presiding judge of the district court will determine the appropriate location
for the hearing of appeals.
(b)
The notice of appeal.
(b)(1) A notice
of appeal from an order or judgment must be filed within 28 days of the entry
of that order or judgment.
(b)(2) Contents of the notice. The notice
required by this rule must be in the form of, or substantially similar to, that
provided in the appendix of this rule. At a minimum the notice must contain:
(b)(2)(A) a statement of the order or judgment being appealed and the
date of entry of that order or judgment;
(b)(2)(B) the current address at which the appealing party may receive
notices concerning the appeal;
(b)(2)(C) a statement as to whether the defendant is in custody
because of the order or judgment appealed; and
(b)(2)(D) a statement that the notice has been served on the opposing
party and the method of that service.
(b)(3)
Deficiencies in the form of the filing will not cause the court to reject the
filing. They may, however, impact the efficient processing of the appeal.
(c)
Motion to reinstate period for filing
appeal.
(c)(1) Upon a
showing that a defendant was deprived of the right to appeal, the justice court
must reinstate the 28-day period for filing an appeal. A defendant seeking such
reinstatement must file a written motion in the justice court and serve the
prosecuting entity. The court must appoint counsel if the defendant qualifies
for court-appointed counsel. The prosecutor must have 21 days after service of
the motion to file a written response. If the prosecutor opposes the motion,
the justice court must set a hearing at which the parties may present evidence.
If the justice court finds by a preponderance of the evidence that the
defendant has demonstrated that the defendant was deprived of the right to
appeal, it must enter an order reinstating the time for appeal. The defendant's
notice of appeal must be filed with the clerk of the justice court within 28
days after the date of entry of the order.
(c)(2) Absent a
showing of excusable neglect, a motion to reinstate may be filed no later than
six months after the original time for appeal has expired.
(d)(1)
Duties of the justice court. Within
7 days of receiving the notice of appeal, the justice court must transmit to
the appropriate district court an appeal packet containing:
(d)(1)(A) the notice of appeal;
(d)(1)(B) the docket;
(d)(1)(C) the information or citation; and
(d)(1)(D) the judgment and sentence, if any.
(d)(2)
Upon request from the district court the justice court must transmit to the
district court any other orders and papers filed in the case.
(e)
Duties of the district court.
(e)(1) Upon
receipt of the appeal packet from the justice court, the district court must
hold a scheduling conference to determine what issues must be resolved by the
appeal. The district court must send notices to the appellant at the address
provided on the notice of appeal. Notices to the other party must be served to
the address provided in the justice court docket for that party.
(e)(2) If the
defendant is in custody because of the matter appealed, the district court must
hold the conference within 7 days of the receipt of the appeals packet. If the
defendant is not in custody because of the matter appealed, the court must hold
the conference within 28 days of receipt of the appeals packet.
(f)
District court procedures for trials de
novo. An appeal by a defendant pursuant to Utah Code § 78A-7-118(1) must be
accomplished by the following procedures:
(f)(1) If the
defendant elects to go to trial, the district court will determine what number
and level of offenses the defendant is facing.
(f)(2)
Discovery, the trial, and any pre-trial evidentiary matters the court deems
necessary, will be held in accordance with these rules.
(f)(3) After the
trial, the district court must, if appropriate, sentence the defendant and
enter judgment in the case as provided in these rules and otherwise by law.
(f)(4) When
entered, the judgment of conviction or order of dismissal serves to vacate the
judgment or orders of the justice court and becomes the judgment of the case.
(f)(5) A
defendant may resolve an appeal by waiving trial and compromising the case by
any process authorized by law to resolve a criminal case.
(f)(5)(A) Any
plea must be taken in accordance with these rules.
(f)(5)(B) The
court must proceed to sentence the defendant or enter such other orders
required by the particular plea or disposition.
(f)(5)(C) When
entered, the district court’s judgment or other orders vacate the orders or
judgment of the justice court and become the order or judgment of the case.
(f)(5)(D) A
defendant who moves to withdraw a plea entered pursuant to this section may
only seek to withdraw it pursuant to the provisions of Utah Code § 77-13-6.
(f)(6) Other dispositions. A defendant, at a
point prior to entering a plea admitting guilt or a no contest plea, or prior
to commencement of trial, may choose to withdraw the appeal and have the case
remanded to the justice court. Within 14 days of the defendant notifying the
court of such an election, the district court shall remand the case to the
justice court.
(g)
District court procedures for hearings
de novo. If the appeal seeks a de novo hearing pursuant to Utah Code §
78A-7-118(3) or (4);
(g)(1) the court must conduct such hearing and make the appropriate
findings or orders, and
(g)(2) within 14
days of entering its findings or orders, the district court must remand the
case to the justice court, unless the case is disposed of by the findings or
orders, or the district court retains jurisdiction pursuant to § 78A-7-118(6).
(h)
Retained jurisdiction. In cases
where the district court retains jurisdiction after disposing of the matters on
appeal, the court must order the justice court to forward all monetary bail,
other security, or revenues received by the justice court to the district court
for disposition. The justice court must transmit such monies or securities
within 21 days of receiving the order.
(i)
Other bases for remand. The district
court may also dismiss the appeal and remand the case to the justice court if
it finds that the defendant has abandoned the appeal.
(j)
Justice court procedures on remand.
Upon receiving a remanded case, the justice court must set a review conference
to determine what, if any proceedings need be taken. If the defendant is in
custody because of the case being considered, such hearing must be had within
five days of receipt of the order of remand. Otherwise, the review conference
should be had within 28 days. The court must send notice of the review
conference to the parties at the addresses contained in the notice of appeal,
unless those have been updated by the district court.
(k)
During the pendency of the appeal, and until a judgment, order of dismissal, or
other final order is entered in the district court, the justice court will
retain jurisdiction to monitor terms of probation or other consequences of the
plea or judgment, unless those orders or terms are stayed pursuant to Rule 27A.
(l)
Reinstatement of dismissed appeal.
(l)(1) An appeal
dismissed pursuant to subsection (i) may be reinstated by the district court
upon motion of the defendant for:
(l)(1)(A) mistake, inadvertence, surprise, excusable neglect; or
(l)(1)(B) fraud, misrepresentation, or misconduct of an adverse party.
(l)(2) The
motion must be made within a reasonable time after entry of the order of
dismissal or remand.
Effective October 1, 2020