Appeals
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General
An appeal is a review by a higher court of a lower court's or agency's final judgment or decree. An appeal is not a new trial, and no new evidence will be accepted. The only information the appellate court will consider on appeal is:
- the written or recorded transcript of the hearing or trial
- any items offered as evidence at the hearing or trial
- the documents in the court or agency file
- the written briefs filed in the appeal
Appellate Rules
The Utah Rules of Appellate Procedure (also called Appellate Rules) explain the procedure in appeals cases. The Rules specify the deadlines for filing documents, spell out how documents must be formatted, and provide other important information. Be sure to read and follow these rules carefully.
The current Appellate Rules are available on the court's website. The Rules are also published in Utah Court Rules Annotated, which is available at all of Utah's law libraries and at some public libraries.
Appellate Pro Se Guides
- Child Welfare Appeals
- Pro Se Guide - Appeal Procedures for Child Welfare Appeals
- Pro Se Guide: Appeal Procedures
- Pro Se Guide: Procedures for Filing Petition for Writ of Certiorari
Appellate Forms
Appellate Briefs
Briefs are the written arguments of parties stating the reasons why the appellate court should rule in their favor.
Examples of briefs submitted in other appeals can be helpful. The Utah State Law Library has a collection of briefs filed in the Utah Supreme Court (1929 and 1940s-current, docket # 4922-4932 and 6190- ) and Utah Court of Appeals (1986-current). Less comprehensive collections of briefs are also available at BYU's Howard Hunter Law Library and University of Utah's S.J. Quinney Law Library.
Briefs can be used as examples of what your brief should look like, but you must be sure to follow the requirements specified in the Utah Rules of Appellate Procedure. Remember that the arguments in a brief are specific to that appeal, and may not apply to your situation.
Briefs can also be used as a legal research tool. They contain legal arguments designed to persuade the court by analyzing legal issues and citing legal sources. If you have found decisions of the Utah Supreme Court or Utah Court of Appeals that are similar to your case, library staff can help you look up the briefs to see what those parties argued.
Appellate Mediation
The Utah Court of Appeals created the Appellate Mediation Office to allow parties an alternative method of resolving their disputes. Unlike litigation and arbitration, mediation is not an attempt to judge the merits of the dispute and render a decision. Mediation is an attempt to assist the parties in understanding their interests, assessing their risks, and negotiating a mutually acceptable resolution.