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Rule 38. Appealsfrom justice court to district court.

 

(a) Appeal of a judgment or order of the justice court is as provided inUtah Code ? 78A-7-118. A case appealed from a justice court shall be heardin a district courthouse located in the same county as the justice court fromwhich the case is appealed. In counties with multiple district courthouselocations, the presiding judge of the district court shall determine theappropriate location for the hearing of appeals.

 

(b) The notice of appeal.

 

(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 reinstate period 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 the justice court. Within 7 days of receiving the noticeof appeal, the justice court shall transmit to the appropriate district courtan 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 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 court procedures for trials de novo. An appeal by adefendant pursuant to Utah Code ? 78A-7-118(1) shall be accomplished by thefollowing 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 enter judgmentin 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 processauthorized by 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 14days of the defendant notifying the court of such an election, the districtcourt shall remand the case to the justice court.

 

(g) District court procedures for hearings de novo. If the appeal seeksa de novo hearing pursuant to 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) Retained jurisdiction. In cases where the district court retainsjurisdiction after disposing of the matters on appeal, the court shall orderthe justice court to forward all cash bail, other security, or revenuesreceived by the justice court to the district court for disposition. Thejustice court shall transmit such monies or securities within 21 days ofreceiving the order.

 

(i)Other bases for remand. The districtcourt may also remand a case to the justice court if it finds that thedefendant 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 anyproceedings need be taken. If the defendant is in custody because of the casebeing considered, such hearing shall be had within five days of receipt of theorder 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 theaddresses contained in the notice of appeal, unless those have been updated bythe 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 of dismissed appeal.

 

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

 

Effective May 1, 2017