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Rule 38. Appeals from justice court to districtcourt.

 

(a) Appeal of a judgmentor order of the justice court is as provided in Utah Code Section 78A-7-118. Acase appealed from a justice court shall be heard in a district courthouselocated in the same county as the justice court from which the case is appealed.In counties with multiple district courthouse locations, the presiding judge ofthe district court shall determine the appropriate location for the hearing ofappeals.

(b) The notice ofappeal.

(b)(1) A notice ofappeal from an order or judgment must be filed within 28 days of the entry ofthat order or judgment.

(b)(2) Contents of thenotice. The notice required by this rule shall be in the form of, orsubstantially similar to, that provided in the appendix of this rule. At aminimum the notice shall contain:

(b)(2)(A) a statement of the order or judgment being appealed andthe date of entry of that order or judgment;

(b)(2)(B) the current address at which the appealing party mayreceive notices concerning the appeal;

(b)(2)(C) a statement as to whether the defendant is in custodybecause of the order or judgment appealed; and

(b)(2)(D) a statement that the notice has been served on theopposing party and the method of that service.

(b)(3) Deficiencies inthe form of the filing shall not cause the court to reject the filing. Theymay, however, impact the efficient processing of the appeal.

(c) Motion to reinstateperiod for filing appeal.

(c)(1) Upon a showingthat a defendant was deprived of the right to appeal, the justice court shallreinstate the thirty-day period for filing an appeal. A defendant seeking suchreinstatement shall file a written motion in the justice court and serve theprosecuting entity.  The court shall appoint counsel if the defendantqualifies for court-appointed counsel. The prosecutor shall have 21 days afterservice of the motion to file a written response. If the prosecutor opposes themotion, the justice court shall set a hearing at which the parties may presentevidence. If the justice court finds by a preponderance of the evidence thatthe defendant has demonstrated that the defendant was deprived of the right toappeal, it shall enter an order reinstating the time for appeal. Thedefendant's notice of appeal must be filed with the clerk of the justice courtwithin 30 days after the date of entry of the order.

(c)(2) Absent a showingof excusable neglect, a motion to reinstate may be filed no later than sixmonths after the original time for appeal has expired.

(d) Duties of thejustice court. Within 7 days of receiving the notice of appeal, the justicecourt shall transmit to the appropriate district court an appeal packetcontaining:

(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 thedistrict court.

(e)(1) Upon receipt ofthe appeal packet from the justice court, the district court shall hold ascheduling conference to determine what issues must be resolved by the appeal.The district court shall send notices to the appellant at the address providedon the notice of appeal. Notices to the other party shall be to the addressprovided in the justice court docket for that party.

(e)(2) If the defendantis in custody because of the matter appealed, the district court shall hold theconference within 7 days of the receipt of the appeals packet. If the defendantis not in custody because of the matter appealed, the court shall hold theconference within 28 days of receipt of the appeals packet.

(f) District courtprocedures 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 defendantelects to go to trial, the district court will determine what number and levelof offenses the defendant is facing.

(f)(2) Discovery, thetrial, and any pre-trial evidentiary matters the court deems necessary, shallbe held in accordance with these rules.

(f)(3) After the trial,the district court shall, if appropriate, sentence the defendant and enterjudgment in the case as provided in these rules and otherwise by law.

(f)(4) When entered, thejudgment of conviction or order of dismissal serves to vacate the judgment ororders of the justice court and becomes the judgment of the case.

(f)(5) A defendant mayresolve an appeal by waiving trial and compromising the case by any process authorizedby law to resolve a criminal case.

(f)(5)(A) Any plea shallbe taken in accordance with these rules.

(f)(5)(B) The courtshall proceed to sentence the defendant or enter such other orders required bythe particular plea or disposition.

(f)(5)(C) When entered,the district court?s judgment or other orders vacate the orders or judgment ofthe justice court and become the order or judgment of the case.

(f)(5)(D) A defendantwho moves to withdraw a plea entered pursuant to this section may only seek towithdraw it pursuant to the provisions of Utah Code ? 77-13-6.

(f)(6) Otherdispositions. A defendant, at a point prior to entering a plea admitting guiltor a no contest plea, or prior to commencement of trial, may choose to withdrawthe appeal and have the case remanded to the justice court. Within 14 days ofthe defendant notifying the court of such an election, the district court shallremand the case to the justice court.

(g) District courtprocedures for hearings de novo. If the appeal seeks a de novo hearing pursuantto Utah Code ? 78A-7-118(3) or (4); and

(g)(1) the court shall conduct such hearing and make theappropriate findings or orders.

(g)(2) Within 14 days ofentering its findings or orders, the district court shall remand the case tothe 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) Retainedjurisdiction. In cases where the district court retains jurisdiction afterdisposing of the matters on appeal, the court shall order the justice court toforward all cash bail, other security, or revenues received by the justicecourt to the district court for disposition. The justice court shall transmitsuch monies or securities within 21 days of receiving the order.

(i)Other bases for remand. The district court may also remand a case to thejustice court if it finds that the defendant has abandoned the appeal.

(j) Justice courtprocedures on remand. Upon receiving a remanded case, the justice court shallset a review conference to determine what, if any proceedings need be taken. Ifthe defendant is in custody because of the case being considered, such hearingshall be had within five days of receipt of the order of remand. Otherwise, thereview conference should be had within 28 days. The court shall send notice ofthe review conference to the parties at the addresses contained in the noticeof appeal, unless those have been updated by the district court.

(k) During the pendencyof the appeal, and until a judgment, order of dismissal, or other final orderis entered in the district court, the justice court shall retain jurisdictionto 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 ofdismissed appeal.

(l)(1) An appealdismissed pursuant to subsection (h) may be reinstated by the district court uponmotion 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 shallbe made within a reasonable time after entry of the order of dismissal orremand.

 

Effective May 1, 2017