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 Section 78A-7-118. A
case appealed from a justice court shall 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 shall 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 shall be in the form of, or
substantially similar to, that provided in the appendix of this rule. At a
minimum the notice shall 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 shall 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 shall
reinstate the thirty-day period for filing an appeal. A defendant seeking such
reinstatement shall file a written motion in the justice court and serve the
prosecuting entity. The court shall appoint counsel if the defendant
qualifies for court-appointed counsel. The prosecutor shall have 21 days after
service of the motion to file a written response. If the prosecutor opposes the
motion, the justice court shall 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 shall 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 30 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) Duties of the
justice court. Within 7 days of receiving the notice of appeal, the justice
court shall transmit to the appropriate district court an appeal packet
containing:
(d)(1) the notice of appeal;
(d)(2) the docket;
(d)(3) the information or citation;
(d)(4) the judgment and sentence, if any; and
(d)(5) 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 shall hold a
scheduling conference to determine what issues must be resolved by the appeal.
The district court shall send notices to the appellant at the address provided
on the notice of appeal. Notices to the other party shall be 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 shall 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 shall 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) shall 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, shall
be held in accordance with these rules.
(f)(3) After the trial,
the district court shall, 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 shall
be taken in accordance with these rules.
(f)(5)(B) The court
shall 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); and
(g)(1) the court shall conduct such hearing and make the
appropriate findings or orders.
(g)(2) Within 14 days of
entering its findings or orders, the district court shall 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 shall order the justice court to
forward all cash bail, other security, or revenues received by the justice
court to the district court for disposition. The justice court shall transmit
such monies or securities within 21 days of receiving the order.
(i)
Other bases for remand. The district court may also remand a 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 shall
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
shall be had within five days of receipt of the order of remand. Otherwise, the
review conference should be had within 28 days. The court shall 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 shall 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 (h) 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 shall
be made within a reasonable time after entry of the order of dismissal or
remand.
Effective May 1, 2017