Utah Courts
URAP Rule 4 (Rules of Appellate Procedure)
URAP Rule 4 (Rules of Appellate Procedure)
Rule 4. Appeal as of right: when taken.
(a) Appeal as of right. Except as provided in paragraph (a)(1) or (a)(2), in a case in which an appeal is permitted as a matter of right from the trial court to the appellate court, the notice of appeal required by Rule 3 must be filed with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from. If the trial court enters a judgment or order on a Saturday, Sunday, or legal holiday, the date of entry will be deemed to be the first day following the trial court’s entry that is not a Saturday, Sunday, or legal holiday.
(1) When a judgment or order is entered in a statutory forcible entry or unlawful detainer action, the notice of appeal required by Rule 3 must be filed with the clerk of the trial court within 10 days after the date of entry of the judgment or order appealed from.
(2) When an order is entered denying, in whole or in part, a motion to dismiss under Utah Code section 78B-25-103, the notice of appeal must be filed with the clerk of the trial court within 21 days after the date of entry of the order appealed from.
(b) Time for appeal extended by certain motions.
(1) If a party timely files in the trial court any of the following, the time for all parties to appeal from the judgment runs from the entry of the dispositive order:
(A) A motion for judgment under Rule 50(b) of the Utah Rules of Civil Procedure;
(B) A motion to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted, under Rule 52(b) of the Utah Rules of Civil Procedure;
(C) A motion to alter or amend the judgment under Rule 59 of the Utah Rules of Civil Procedure;
(D) A motion for a new trial under Rule 59 of the Utah Rules of Civil Procedure;
(E) A motion for relief under Rule 60(b) of the Utah Rules of Civil Procedure if the motion is filed no later than 28 days after the judgment is entered;
(F) A motion or claim for attorney fees under Rule 73 of the Utah Rules of Civil Procedure; or
(G) A motion for a new trial under Rule 24 of the Utah Rules of Criminal Procedure.
(2) A notice of appeal filed after announcement or entry of judgment, but before entry of an order disposing of any motion listed in paragraph (b), will be treated as filed after entry of the order and on the day thereof, except that such a notice of appeal is effective to appeal only from the underlying judgment. To appeal from a final order disposing of any motion listed in paragraph (b), a party must file a notice of appeal or an amended notice of appeal within the prescribed time measured from the entry of the order. If multiple motions in paragraph (b) are timely filed and the court decides any motion by separate order, the time to file a notice of appeal runs from the entry of the last order.
(c) Filing prior to entry of judgment or order. A notice of appeal filed after the announcement of a decision, judgment, or order but before entry of the judgment or order will be treated as filed after such entry and on the day thereof.
(d) Additional or cross-appeal. If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 14 days after the date on which the first notice of appeal was filed, or within the time otherwise prescribed by paragraphs (a) and (b) of this rule, whichever period last expires.
(e) Motion for extension of time.
(1) The trial court, upon a showing of good cause, may extend the time for filing a notice of appeal upon motion filed before the expiration of the time prescribed by paragraphs (a) and (b) of this rule. Responses to such motions for an extension of time are disfavored and the court may rule at any time after the filing of the motion. No extension can exceed 30 days beyond the prescribed time or 14 days beyond the date of entry of the order granting the motion, whichever occurs later.
(2) The trial court, upon a showing of good cause or excusable neglect, may extend the time for filing a notice of appeal upon motion filed not later than 30 days after the expiration of the time prescribed by paragraphs (a) and (b) of this rule. The court may rule at any time after the filing of the motion. That a movant did not file a notice of appeal to which paragraph (c) would apply is not relevant to the determination of good cause or excusable neglect. An extension may not exceed 30 days beyond the prescribed time or 14 days beyond the date of entry of the order granting the motion, whichever occurs later.
(f) Motion to reinstate period for filing a direct appeal in criminal cases.
(1) The trial court will reinstate the 30 day period for filing a direct appeal ina criminal case if a defendant demonstrates by a preponderance of the evidence that the defendant was deprived of the right to appeal through no fault of the defendant.
(2)The motion must be filed within one year, or within a reasonable time, whichever is later, from the day on which the defendant personally knew, or should have known in the exercise of reasonable diligence, of evidentiary facts forming the basis of the claim that the defendant was deprived of the right to appeal.
(A) The motion must state:
(i) the date the defendant learned that the defendant was denied the right to an appeal.; and
(ii) how the defendant learned that the defendant was denied the right to an appeal.
(B) If the motion is filed more than one year after the defendant learned that the defendant was denied the right to an appeal, the defendant must allege all of the grounds that support the allegation that the delay in filing the motion was reasonable.
(3) If the defendant is not represented by counsel and is indigent, the trial court will appoint counsel.
(4) The motion must be served on the prosecuting entity. The prosecutor may file a response to the motion within 28 days after being served.
(5) If the motion to reinstate the time to appeal is opposed, the trial court will set a hearing at which the parties may present evidence.
(7) If the trial court enters an order reinstating the time for filing a direct appeal, the defendant’s notice of appeal must be filed with the clerk of the trial court within 30 days after the date the order is entered.
(g) Motion to reinstate period for filing a direct appeal in civil cases.
(1) The trial court will reinstate the 30 day period for filing a direct appeal if the trial court finds by a preponderance of the evidence that:
(A) The party seeking to appeal lacked actual notice of the entry of judgment at a time that would have allowed the party to file a timely motion under paragraph (e) of this rule;
(B) The party seeking to appeal exercised reasonable diligence in monitoring the proceedings; and
(C) The party, if any, responsible for serving the judgment under Rule 58A(d) of the Utah Rules of Civil Procedure did not promptly serve a copy of the signed judgment on the party seeking to appeal.
(2) A party seeking such reinstatement must file a written motion in the trial court within one year from the entry of judgment. The party must comply with Rule 7 of the Utah Rules of Civil Procedure and must serve each of the parties in accordance with Rule 5 of the Utah Rules of Civil Procedure.
(3) If the trial court enters an order reinstating the time for filing a direct appeal, a notice of appeal must be filed within 30 days after the date of entry of the order.
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