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Rule 27B. Stayspending appeal from a court not of record ‑ Hearings de novo, DUI, andreckless driving cases.

 

(a) The procedures inthis rule shall be used in determining whether to stay the payment of any finesor periods of incarceration pending the resolution of an appeal for a hearingde novo, pursuant to Utah Code ? 78A‑7‑118(3). This rule shall alsogovern stays in all appeals involving violations of Title 41, Chapter 6a, Part5, DUI and Reckless Driving, or any local ordinance as described in Utah Code ?41‑6a‑501(2)(a)(iii).

 

(b) Periods of incarceration of 28 days or less.

 

(b)(1) Unless exemptedunder subsection (b)(2), the justice court judgeshall, upon the filing of a notice of appeal, stay the term of incarceration.The Court shall then order the defendant released on the least restrictivecondition or combination of conditions in Rule 27(c) that the court determineswill reasonably assure the appearance of the person as required and the safetyof persons and property in the community.

 

(b)(2) However, thejustice court shall not order a defendant released if:

 

(b)(2)(A) at the time ofsentencing, the court makes a finding that the defendant poses an identifiablerisk to the safety of another or the community and that the period ofincarceration, and no less restrictive alternative, is necessary to reduce oreliminate that risk; or

 

(b)(2)(B) it enters a written finding that the appeal does notappear to have a legal basis.

 

(c) Periods of incarceration of longer than 28 days.

 

(c)(1) After, or at thetime of, the filing of a notice of appeal, if a stay is desired, thedefendant shall file a written motion requesting a stay of a sentence term ofincarceration of more than 28 days. That motion shall be accompanied by amemorandum indicating the legal basis for the appeal and that the appeal is notbeing taken for purposes of delay. The memorandum shall also address why thedefendant is not a flight risk; and why the defendant does not pose a danger toany other person or the community.

 

(c)(2) A copy ofthe motion, and supporting memorandum shall be served on the prosecutingattorney. An opposing memorandum may be filed within 7 days after receipt ofthe application, or shorter time as the court deems necessary. A hearing on theapplication shall be held within 7 days of the court receiving either theopposing memorandum or an indication that no opposing memorandum will be filed.If no opposing memorandum is filed, the hearing will be held within 14 daysafter the application is filed with the court.

 

(c)(3) The court shallorder the defendant released unless it finds by a preponderance of the evidencethat:

 

(c)(3)(A) the defendant is a flight risk;

 

(c)(3)(B) the defendant would pose a danger to any other personor the community if released under any of the conditions set forth in Rule27(c); or

 

(c)(3)(C) the appeal does not appear to have a legal basis.

 

(c)(4) The courtordering release pending appeal under subsection (c)(3) shall order thatrelease on the least restrictive condition or combination of conditions setforth in Rule 27(c) that the court determines will reasonably assure theappearance of the person as required and the safety of persons and property inthe community.

 

(d) Fine and Fee payments. Fine and fee payments shall be stayedpending resolution of the appeal.

 

(e) Other terms of sentence or probation. Upon motion of the defendant,the justice court may stay any other term of sentence related to conditions ofprobation (other than incarceration) pending disposition of the appeal, uponnotice to the prosecution and a hearing if requested by the prosecution.

 

(f) A court may at anytime for good cause shown amend its order granting release to impose additionalor different conditions of release. However, the justice court may only actunder this subsection (f) if the district court has not docketed or held anyhearings pursuant to this rule.

 

(g) A party dissatisfiedwith the relief granted, denied or modified under this rule may petition thedistrict court judge assigned to the appeal for relief.

 

(g)(1) Such petitionshall be in writing and accompanied by the notice of appeal filed in thejustice court, the original motion for a stay and accompanying papers filed inthe justice court, if any, and any orders or findings of the justice court onthe issue. The petition shall be served on the opposing party.

 

(g)(2) The districtcourt shall schedule a hearing within 7 days of its receipt of the petition, ora shorter time if the court determines justice requires. The court shall allowthe opposing party an opportunity to file a memorandum in opposition to thepetition, and to be present and heard at the hearing.

 

(g)(3) The districtcourt shall use the same presumptions, evidentiary burdens and proceduresoutlined in subsections (b), (c) and (d) of this rule in determining whether itshould stay any terms of the justice court?s sentence during the pendency ofthe appeal.

 

(h) For purposes of thisrule, ?term of sentence? or ?sentence? shall include:

 

(h)(1) any terms or orders of the justice court emanating from aplea held in abeyance pursuant to Utah Code ? 77‑2(a)‑1 et seq.;and

 

(h)(2) findings of contempt pursuant to Utah Code ? 78B‑6‑301etseq.                            

 

Effective March 6,2018