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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? 78A-7-118. A case appealed from a justice court must be heard in a districtcourthouse located in the same county as the justice court from which the caseis appealed. In counties with multiple district courthouse locations, thepresiding judge of the district court will determine the appropriate locationfor the hearing of appeals.

 

(b)The notice of appeal.

 

(b)(1) A noticeof appeal from an order or judgment must be filed within 28 days of the entryof that order or judgment.

 

(b)(2) Contents of the notice. The noticerequired by this rule must be in the form of, or substantially similar to, thatprovided in the appendix of this rule. At a minimum the notice must contain:

 

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

 

(b)(2)(B) the current address at which the appealing party may receivenotices 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 the opposingparty 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 efficient processing of the appeal.

 

(c)Motion to reinstate period for filingappeal.

 

(c)(1) Upon ashowing that a defendant was deprived of the right to appeal, the justice courtmust reinstate the 28-day period for filing an appeal. A defendant seeking suchreinstatement must file a written motion in the justice court and serve theprosecuting entity. The court must appoint counsel if the defendant qualifiesfor court-appointed counsel. The prosecutor must have 21 days after service ofthe motion to file a written response. If the prosecutor opposes the motion,the justice court must set a hearing at which the parties may present evidence.If the justice court finds by a preponderance of the evidence that thedefendant has demonstrated that the defendant was deprived of the right toappeal, it must enter an order reinstating the time for appeal. The defendant'snotice of appeal must be filed with the clerk of the justice court within 28days after the date of entry of the order.

 

(c)(2) Absent ashowing of excusable neglect, a motion to reinstate may be filed no later thansix months after the original time for appeal has expired.

 

(d)(1)Duties of the justice court. Within7 days of receiving the notice of appeal, the justice court must transmit tothe appropriate district court an appeal packet containing:

 

(d)(1)(A) the notice of appeal;

 

(d)(1)(B) the docket;

 

(d)(1)(C) the information or citation; and

 

(d)(1)(D) the judgment and sentence, if any.

 

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

 

(e)Duties of the district court.

 

(e)(1) Uponreceipt of the appeal packet from the justice court, the district court musthold a scheduling conference to determine what issues must be resolved by theappeal. The district court must send notices to the appellant at the addressprovided on the notice of appeal. Notices to the other party must be served tothe address provided in the justice court docket for that party.

 

(e)(2) If thedefendant is in custody because of the matter appealed, the district court musthold the conference within 7 days of the receipt of the appeals packet. If thedefendant is not in custody because of the matter appealed, the court must holdthe conference within 28 days of receipt of the appeals packet.

 

(f)District court procedures for trials denovo. An appeal by a defendant pursuant to Utah Code ? 78A-7-118(1) must beaccomplished by the following procedures:

 

(f)(1) If thedefendant elects to go to trial, the district court will determine what numberand 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 these rules.

 

(f)(3) After thetrial, the district court must, if appropriate, sentence the defendant andenter judgment in the case as provided in these rules and otherwise by law.

 

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

 

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

 

(f)(5)(A) Anyplea must be taken in accordance with these rules.

 

(f)(5)(B) Thecourt must proceed to sentence the defendant or enter such other ordersrequired by the particular plea or disposition.

 

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

 

(f)(5)(D) Adefendant who moves to withdraw a plea entered pursuant to this section mayonly seek to withdraw it pursuant to the provisions of Utah Code ? 77-13-6.

 

(f)(6) Other dispositions. A defendant, at apoint prior to entering a plea admitting guilt or a no contest plea, or priorto commencement of trial, may choose to withdraw the appeal and have the caseremanded to the justice court. Within 14 days of the defendant notifying thecourt of such an election, the district court shall remand the case to thejustice court.

 

(g)District court procedures for hearingsde 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 the appropriatefindings or orders, and

 

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

 

(h)Retained jurisdiction. In caseswhere the district court retains jurisdiction after disposing of the matters onappeal, the court must order the justice court to forward all monetary bail,other security, or revenues received by the justice court to the district courtfor disposition. The justice court must transmit such monies or securitieswithin 21 days of receiving the order.

 

(i)Other bases for remand. The districtcourt may also dismiss the appeal and remand the case to the justice court ifit finds that the defendant has abandoned the appeal.

 

(j)Justice court procedures on remand.Upon receiving a remanded case, the justice court must set a review conferenceto determine what, if any proceedings need be taken. If the defendant is incustody because of the case being considered, such hearing must be had withinfive days of receipt of the order of remand. Otherwise, the review conferenceshould be had within 28 days. The court must send notice of the reviewconference 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, orother 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)Reinstatement of dismissed appeal.

 

(l)(1) An appealdismissed pursuant to subsection (i) 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) Themotion must be made within a reasonable time after entry of the order ofdismissal or remand.

 

Effective October 1, 2020