Appeals
What is an Appeal?
An appeal is a review by a court of another court's or agency's final judgment or decree. In some cases the appeal is a completely new hearing or trial. This would be the case in appeals from justice court to district court, and for some administrative agency appeals to the district court.
In other cases it 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 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
This would be the case in an appeal of a district or juvenile court decision to the Court of Appeals or Supreme Court.
Justice Court Appeal to District Court
An appeal of a justice court decision goes to the district court, and results in a trial or hearing de novo. "De novo" means the matter is tried all over again.
- A Notice of Appeal in a justice court criminal case or small claims case must be filed with the justice court within 28 days of the entry of a justice court order or judgment. See Utah Code Section 78A-7-118 and Utah Code Section 78A-8-106.
Criminal Cases in Justice Court
- Utah Rule of Criminal Procedure 38 and Utah Code Section 78A-7-118 describe the process for appealing a justice court decision in a criminal case.
- Utah Rule of Criminal Procedure 27A governs the process to request a stay of a sentence pending an appeal from justice court to district court in a criminal case.
Forms are available at the bottom of this page.
Small Claims Cases in Justice Court
- Utah Rule of Small Claims Procedure 12 describes the process for appealing a small claims case.
- Utah Rule of Civil Procedure 62 governs the process to request a stay to enforce a judgment pending an appeal in a small claims case.
- See the Small Claims web page for information about appealing a small claims case from justice court to district court and forms.
Forms are available at the bottom of this page.
District or Juvenile Court Appeal to Court of Appeals or Supreme Court
This kind of appeal is a review by the supreme court or court of appeals to determine if the juvenile or district court made a legal mistake.
The appellate court does not retry the case, take evidence, or weigh the credibility of witnesses. The appeal must be based on the record created in the trial court, and the person who is appealing must show that the trial court made a mistake. If there was a mistake, it must have been important enough that it could have made a difference in the outcome of the case.
See the Guide to Appealing a Case () for information about these kinds of appeals. Forms are available at the bottom of this page.
Court of Appeals Appeal to Supreme Court
A Petition for Writ of Certiorari is a request to the Utah Supreme Court to review a decision of the Utah Court of Appeals. The Supreme Court can choose to grant or deny the petition. If the petition is denied, the decision of the Court of Appeals stands.
See the Guide to Filing a Petition for Writ of Certiorari () for information about these kinds of appeals. Forms are available at the bottom of this page.
Administrative Agency Appeal to District Court, or to Court of Appeals or Supreme Court
An administrative appeal is a review by the court of the final decision of a state or local government agency, board or commission. Depending on a couple of things, the review is either a completely new hearing (called a trial de novo), or a review of legal errors the petitioner believes the agency made in its decision.
- For information about administrative appeals to the District Court, see the Appealing an Administrative Agency Decision page.
- For information about administrative appeals to the Court of Appeals or Supreme Court, see the Guide to Filing a Petition for Review () Forms are available at the bottom of this page.
Juvenile Court Child Welfare Case Appeal to Court of Appeals
This kind of appeal is a review by the Court of Appeals to determine if the juvenile court made a legal mistake.
The Court of Appeals does not retry the case, take evidence, or weigh the credibility of witnesses. The appeal must be based on the record created in the trial court, and the person who is appealing must show that the trial court made a mistake. If there was a mistake, it must have been important enough that it could have made a difference in the outcome of the case.
See the Child Welfare Appeals page and the Guide to Appealing a Child Welfare Case () for information about these kinds of appeals. Forms are available at the bottom of this page.
Juvenile Court Abortion Judicial Bypass Decision to Court of Appeals
An unmarried pregnant minor may ask a juvenile court judge to authorize an abortion without parental consent in some circumstances. An appeal of the juvenile court judge's decision is considered by the Utah Court of Appeals. A Notice of Appeal must be filed in the juvenile court clerk's office within 30 days of the juvenile court order. There is no charge for filing an appeal.
The Court of Appeals may schedule an oral argument. If it does, the hearing must be held within three business days after the Notice of Appeal is filed. The court must issue its decision immediately after oral argument. If oral argument is not held, the court must issue its decision within three business days after the Notice of Appeal is filed.
Utah Rule of Appellate Procedure 60 governs this type of appeal.
The forms are available at the bottom of this page.
Division of Child and Family Services (DCFS) Licensing Database
If the Division of Child and Family Services had made a supported finding of severe abuse or neglect against someone, that person would be included in the DCFS licensing database.
If a person wants to challenge the finding and inclusion in the database, they can file a Petition Against Substantiation in the DCFS Licensing Database with the Juvenile Court. The forms are available at the bottom of this page.
Substantiation proceedings are governed by Utah Code Section 63G-4-402(2) and Utah Code Section 78A-6-323.
Appellate Rules
The Utah Rules of Appellate Procedure (also called Appellate Rules, or URAP) explain the procedure in appeals before the Utah Supreme Court or Utah Court of Appeals. 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 Briefs
Utah appellate briefs are the written arguments of parties stating the reasons why the Utah Court of Appeals or Utah Supreme Court should rule in their favor.
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.
Forms
Justice Court Appeal to District Court
Criminal/Traffic Cases
- 1061XX
- Waiver of Court Fees
Small Claims Cases
- 1045XX
- Waiver of Court Fees
District or Juvenile Court Appeal to Supreme Court or Court of Appeals
Some forms may not apply in all cases.
- Guide to Appealing a Case -
- 1062XX
- 1062.1FA
- Waiver of Court Fees
- 1063XX
- 1066XX
- 1079XX
- 1080XX
- 1081XX
- 1089XX
- 1090XX
- Checklist for Briefs (non-attorneys) -
- Checklist for Briefs (attorneys) -
- Checklist for Petition for Rehearing (non-attorneys) -
- Checklist for Petition for Rehearing (attorneys) -
- 9001APF
Petition for Writ of Certiorari (Appealing a Court of Appeals decision to the Supreme Court)
- Checklist for Petition for Writ of Certiorari (non-attorneys) -
- Checklist for Petition for Writ of Certiorari (attorneys) -
- Checklist for Petition for Rehearing (non-attorneys) -
- Checklist for Petition for Rehearing (attorneys) -
- 9001APF
Administrative Agency to District Court
See our Appealing an Administrative Agency Decision page.
Administrative Agency to Supreme Court or Court of Appeals
Some forms may not apply in all cases.
- Checklist for Briefs (non-attorneys) -
- Checklist for Briefs (attorneys) -
- Checklist for Reply Briefs (non-attorneys) -
- Checklist for Reply Briefs (attorneys) -
- Checklist for Petition for Rehearing (non-attorneys) -
- Checklist for Petition for Rehearing (attorneys) -
- 9001APF
Juvenile Court Child Welfare Appeal to the Court of Appeals
- Guide to Appealing a Child Welfare Case -
- 1094XX
- Waiver of Court Fees
- 1095XX (to be used only by someone who does not have access to a computer)
- 1066XX
- 1096XX
- 1079XX
- 1350XX
- 1351XX
- 1089XX
- 1090XX
- Checklist for Briefs (non-attorneys) -
- Checklist for Briefs (attorneys) -
- Checklist for Reply Briefs (non-attorneys) -
- Checklist for Reply Briefs (attorneys) -
- Checklist for Petition for Rehearing (non-attorneys) -
- Checklist for Petition for Rehearing (attorneys) -
- 9001APF
Juvenile Court Abortion Judicial Bypass Decision to Court of Appeals
- 1144XX
- 1100XX
Asking the juvenile court to order DCFS to remove a person's name from the Licensing Database
- 1101XX
Appellate Court Guides
- Guide to Appealing a Case -
- Guide to Filing a Petition for Writ of Certiorari -
- Guide to Filing a Petition for Review -
- Guide to Appealing a Child Welfare Case -