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Rule 38. Appeals from justice court to districtcourt.

 

(a) Appeal of ajudgment or order of the justice court is as provided in Utah Code ? 78A-7-118. Acase appealed from a justice court must be heard in adistrict courthouse located in the same county as the justice court from whichthe case is appealed. In counties with multiple district courthouse locations,the presiding judge of the district court will determine the appropriatelocation for the hearing of appeals.

 

(b) The noticeof appeal.

 

(b)(1)A notice of appeal from an order or judgment must be filedwithin 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 theform of, or substantially similar to, that provided in the appendix of thisrule. At a minimum the notice must contain:

 

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

 

(b)(2)(B) the current addressat which the appealing party may receive notices concerning the appeal;

 

(b)(2)(C) a statement as towhether the defendant is in custody because of the order or judgment appealed;and

 

(b)(2)(D) a statement that thenotice 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 thefiling. They may, however, impact the efficientprocessing of the appeal.

 

(c) Motion toreinstate period for filing appeal.

 

(c)(1)Upon a showing that a defendant was deprived of the right to appeal, thejustice court must reinstate the 28-day period for filing an appeal. Adefendant seeking such reinstatement must file a written motion in the justicecourt and serve the prosecuting entity. The court must appoint counsel ifthe defendant qualifies for court-appointed counsel. The prosecutor must have21 days after service of the motion to file a written response. If theprosecutor opposes the motion, the justice court must set a hearing at whichthe parties may present evidence. If the justice court finds by a preponderanceof the evidence that the defendant has demonstrated that the defendant was deprived of the right to appeal, it must enter an orderreinstating the time for appeal. The defendant's notice of appeal must be filed with the clerk of the justice court within 28 daysafter the date of entry of the order.

 

(c)(2)Absent a showing of excusable neglect, a motion to reinstate maybe filed no later than six months after the original time for appeal hasexpired.

 

(d)(1) Dutiesof the justice court. Within 7 days of receiving the notice ofappeal, the justice court must transmit to the appropriate district court anappeal packet containing:

 

(d)(1)(A) the notice ofappeal;

 

(d)(1)(B) the docket;

 

(d)(1)(C) the information orcitation; and

 

(d)(1)(D) the judgment andsentence, if any.

 

(d)(2) Uponrequest from the district court the justice court must transmit to thedistrict court any other orders and papers filed in the case.

 

(e) Duties ofthe district court.

 

(e)(1)Upon receipt of the appeal packet from the justice court, the district court musthold a scheduling conference to determine what issues must beresolved by the appeal. The district court must send notices to theappellant at the address provided on the notice of appeal. Notices to the otherparty must be served to the address provided in thejustice court docket for that party.

 

(e)(2)If the defendant is in custody because of the matter appealed, the districtcourt must hold the conference within 7 days of the receipt of the appealspacket. If the defendant is not in custody because of the matter appealed, thecourt must hold the conference within 28 days of receipt of the appeals packet.

 

(f) Districtcourt procedures for trials de novo. An appeal by a defendant pursuant to Utah Code ?78A-7-118(1) must be accomplished by the followingprocedures:

 

(f)(1)If the defendant elects to go to trial, the district court will determine whatnumber and level of offenses the defendant is facing.

 

(f)(2)Discovery, the trial, and any pre-trial evidentiary matters the court deemsnecessary, will be held in accordance with theserules.

 

(f)(3)After the trial, the district court must, if appropriate, sentence thedefendant and enter judgment in the case as provided in these rules andotherwise by law.

 

(f)(4)When entered, the judgment of conviction or order of dismissal serves to vacatethe judgment or orders of the justice court and becomes the judgment of thecase.

 

(f)(5)A defendant may resolve an appeal by waiving trial and compromising the case byany process authorized by law to resolve a criminal case.

 

(f)(5)(A) Any plea must be taken inaccordance with these rules.

 

(f)(5)(B) The court mustproceed to sentence the defendant or enter such other orders required by theparticular plea or disposition.

 

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

 

(f)(5)(D) A defendant who moves to withdraw a plea enteredpursuant to this section may only seek to withdraw it pursuant to theprovisions of Utah Code ? 77-13-6.

 

(f)(6)Other dispositions. A defendant, at a point prior to entering a pleaadmitting guilt or a no contest plea, or prior to commencement of trial, maychoose to withdraw the appeal and have

the case remanded to the justice court. Within14 days of the defendant notifying the court of such an election, the districtcourt shall remand the case to the justice court.

 

(g) Districtcourt 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 theappropriate findings or orders, and

 

(g)(2)within 14 days of entering its findings or orders, the district court mustremand the case to the justice court, unless the case is disposed of by thefindings or orders, or the district court retains jurisdiction pursuant to ?78A-7-118(6).

 

(h) Retainedjurisdiction. In cases where the district court retainsjurisdiction after disposing of the matters on appeal, the court must order thejustice court to forward all cash bail, other security, or revenues received bythe justice court to the district court for disposition. The justice court musttransmit such monies or securities within 21 days of receiving the order.

 

(iOtherbases for remand. Thedistrict court may also dismiss the appeal and remand the case to the justicecourt if it finds that the defendant has abandoned the appeal.

 

(j) Justicecourt procedures on remand. Upon receiving aremanded case, the justice court must set a review conference to determinewhat, if any proceedings need be taken. If thedefendant 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 within28 days. The court must send notice of the review conference to the parties atthe addresses contained in the notice of 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 order is entered in the district court, the justice court willretain jurisdiction to monitor terms of probation or other consequences of theplea or judgment, unless those orders or terms are stayed pursuant to Rule 27A.

 

(l) Reinstatementof dismissed appeal.

 

(l)(1)An appeal dismissed pursuant to subsection (i) may be reinstated by the district court upon motion of thedefendant 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 afterentry of the order of dismissal or remand.

 

 

Effective ?May 1, 2020