Utah Courts
URAP Rule 44 (Rules of Appellate Procedure)
URAP Rule 44 (Rules of Appellate Procedure)
Rule 44. Transfer of improperly pursued appeals.
(a) If a notice of appeal, a petition for permission to appeal from an interlocutory order, or a petition for review is filed in a timely manner but is filed in an appellate court that does not have statutory jurisdiction in the case, the appellate court, either on its own motion or on motion of any party, will transfer the case, including the record on appeal, all motions and other orders, and a copy of the docket entries, to the court with statutory jurisdiction in the case. A transfer under this rule is not an adjudication that jurisdiction is proper in the receiving court. The clerk of the transferring court will give notice to all parties and to the clerk of the trial court of the order transferring the case. The time for filing all documents in a transferred case will be calculated according to the time schedule of the receiving court.
(b) If a notice of appeal is received by an appellate court from an appellant without first being filed in the trial court, the appellate court will transmit the notice of appeal to the trial court for filing. The date of filing will be the date of receipt in the appellate court.
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