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Previous PageFile uploaded: 6/20/2017


(a)???? Anyparty may appeal a final order or judgment within 28 calendar days after entryof judgment or order or after denial of a motion to set aside the judgment ororder, whichever is later.? If a partyappeals the judgment in a small claims action that was tried without a jury andany party meets the requirements of Utah Rules of Civil Procedure Rule 38(b),the trial de novo in the district court shall be by a jury in accordance withUtah Rules of Civil Procedure Rules 38, 39, 47, 48, 49, 50, 51 and 52.

(b)???? Toappeal, the appealing party must file a notice of appeal in the court issuingthe judgment. Unless waived upon filing an affidavit of impecuniosity, theappropriate fee must accompany the notice of appeal.

(c)??? Uponthe receipt of the notice of appeal, the clerk of the district court shallschedule the new trial and notify the parties. All proceedings on appeal willbe held in accordance with these rules, except that the parties will not filean affidavit or counter affidavit and the district court may order parties toexchange information prior to trial.

(d)??? Thedistrict court shall issue all orders governing the new trial. The new trial ofa justice court adjudication shall be heard in thedistrict court nearest to and in the same county as the justice court fromwhich the appeal is taken. The new trial of an adjudicationby the small claims department of the district court shall be held at the samedistrict court.

(e)???? Ajudgment debtor may stay the judgment during appeal by posting a supersedeas bond with the district court. The stay shallcontinue until entry of the final judgment or order of the district court.

(f)??? Within10 business days after filing the notice of appeal, the justice court shalltransmit to the district court the notice of appeal, the district court fees, acertified copy of the register of actions, and the original of all papers filedin the case.

(g)??? Uponthe entry of the judgment or final order of the district court, the clerk ofthe district court shall transmit to the justice court that rendered theoriginal judgment notice of the manner of disposition of the case.

(h)???? Thedistrict court may dismiss the appeal and remand the case to the justice courtif the appellant:

(h)(1) fails to appear;

(h)(2) fails to take anystep necessary to prosecute the appeal; or

(h)(3) requests the appealbe dismissed.

(i)?????? If a defendant elects to remove a smallclaims case to the district court pursuant to Rule 4A, the matter shall betreated as if it were filed in the first instance in district court and theparties shall be entitled to any appeal rights available to cases not broughtin small claims.

Effective June 20, 2017