Utah Notice of Appeal
The notice must name the appellate court it is going to, but an ordinary civil appeal starts in the Utah Supreme Court's own jurisdiction and reaches the Court of Appeals only if the Supreme Court transfers it.
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Introduction
In Utah, a notice of appeal from a final civil judgment must be filed within 30 days after the date of entry of the judgment or order appealed from, not the date it is served (Utah R. App. P. 4(a)). Two exceptions shorten that window: 10 days for a judgment in a statutory forcible entry or unlawful detainer action, and 21 days for an order denying a motion to dismiss under Utah Code 78B-25-103. If a party timely files a URCP 50(b) motion for judgment, a URCP 52(b) motion to amend or make additional findings, a URCP 59 motion to alter or amend the judgment or for new trial, a URCP 60(b) motion filed no later than 28 days after judgment, a URCP 73 motion for attorney fees, or a URCrP 24 motion for new trial, the time to appeal for every party runs instead from entry of the order disposing of that motion, and from the last such order if more than one is filed (Utah R. App. P. 4(b)(1)). Unlike most states, Utah lets the trial court extend the deadline itself: on a motion filed before the original deadline expires and a showing of good cause, or on a motion filed within 30 days after the deadline expires and a showing of good cause or excusable neglect, the court may extend the time, but never by more than 30 days beyond the original deadline or 14 days after the order granting the extension, whichever is later (Utah R. App. P. 4(e)(1)-(2)). A separate reinstatement procedure can open a fresh 30-day period within one year of judgment if the appellant lacked actual notice of entry, acted with reasonable diligence, and was not promptly served the signed judgment (Utah R. App. P. 4(g)). The notice is filed with the clerk of the trial court, the district court, juvenile court, or the new Business and Chancery Court, never with the appellate court (Utah R. App. P. 3(a)(1)). It must name the court appealed to (Utah R. App. P. 3(d)(4)), which is not always obvious: an ordinary civil judgment falls within the Utah Supreme Court's jurisdiction over matters the Court of Appeals does not have original jurisdiction over (Utah Code 78A-3-102(3)(j)), and the Supreme Court may later transfer the case to the Court of Appeals at its own discretion (Utah Code 78A-3-102(4); Utah R. App. P. 42(a)). No statewide mandatory form is required; Utah R. App. P. 3(d) instead lists the content the notice must contain. Most civil appellants must also file a cost bond of at least $300 with the notice (Utah R. App. P. 6(b)). Filing the notice does not by itself stop the judgment creditor from collecting: Utah R. Civ. P. 62(a) only bars execution or a writ to enforce a money judgment for 28 days after entry, absent a court order otherwise, and a longer stay requires a bond or other security the court approves under Rule 62(b) or Utah R. App. P. 8. A small-claims judgment follows a different route, described below. This page covers a civil appeal from a final trial court judgment; criminal, administrative agency, federal court, and interlocutory appeals follow separate procedures and are not covered here. Attorney review is available before you file.
Key Things to Know
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The deadline is 30 days after the date of entry of the judgment or order appealed from, not service (Utah R. App. P. 4(a)). It shortens to 10 days for a forcible entry or unlawful detainer judgment and 21 days for an order denying a motion to dismiss under Utah Code 78B-25-103. A timely URCP 50(b), 52(b), 59, 60(b) (if filed within 28 days of judgment), 73, or URCrP 24 motion resets the clock for every party to the date of the order deciding it, or the last such order if more than one is filed (Utah R. App. P. 4(b)(1)).
- 2
Unlike most states, a Utah trial court can extend the deadline: on a motion filed before it expires and a showing of good cause, or on a motion filed within 30 days after it expires and a showing of good cause or excusable neglect, but never by more than 30 days beyond the original deadline or 14 days after the extension order, whichever is later (Utah R. App. P. 4(e)(1)-(2)).
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File the notice with the clerk of the trial court, the district court, juvenile court, or Business and Chancery Court, never the appellate court (Utah R. App. P. 3(a)(1)). The notice must name the court appealed to, but an ordinary civil judgment technically falls within the Utah Supreme Court's own jurisdiction first (Utah Code 78A-3-102(3)(j)), with transfer to the Court of Appeals left to the Supreme Court's discretion (Utah Code 78A-3-102(4); Utah R. App. P. 42(a)).
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No statewide mandatory form is required. Utah R. App. P. 3(d) lists what the notice must contain: the party taking the appeal, whether trial counsel remains counsel of record on appeal (if privately retained trial counsel files the notice), the court appealed from, the court appealed to, and the judgment or order appealed from.
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Filing generally costs $240, paid to the trial court clerk (confirm the current fee with the clerk); most civil appellants must also file a cost bond of at least $300 (or a greater amount the trial court sets) with the notice unless a supersedeas bond is filed, the adverse party waives it in writing, the appellant has a fee waiver, or a government entity is appealing (Utah R. App. P. 6(b)-(c)).
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Filing the notice does not by itself stop the judgment creditor from collecting. Utah R. Civ. P. 62(a) bars execution or a writ to enforce a money judgment for only 28 days after entry, absent a court order otherwise; a longer stay requires a bond or other security the court approves under Rule 62(b), or a motion under Utah R. App. P. 8 after first asking the trial court.
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A small-claims judgment is appealed differently: either party may appeal to the district court for a trial de novo by filing a notice of appeal in the original trial court within 28 days of entry of the judgment (Utah Code 78A-8-106(1)), not to the Utah Supreme Court or Court of Appeals.
Key decisions before you file
Before you file a Notice of Appeal in Utah, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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Utah Requirements for Notice of Appeal
30-Day Deadline Runs From Entry of Judgment
A Utah notice of appeal must be filed within 30 days after the date of entry of the judgment or order appealed from, not the date of service, with shorter 10-day and 21-day windows for forcible entry/unlawful detainer judgments and orders denying an anti-SLAPP motion to dismiss (Utah R. App. P. 4(a); Utah Code 78B-25-103).
Tolling Motions Reset the Clock
A timely URCP 50(b), 52(b), 59, 60(b) (within 28 days of judgment), 73, or URCrP 24 motion resets the appeal clock for every party to the date of the order deciding it, or the last such order if more than one is filed (Utah R. App. P. 4(b)(1)).
Trial Court May Extend the Deadline
Unlike most states, the trial court may extend the deadline on a showing of good cause before it expires, or good cause or excusable neglect within 30 days after it expires, capped at 30 days beyond the original deadline or 14 days after the extension order, whichever is later (Utah R. App. P. 4(e)(1)-(2)).
Filed With the Trial Court Clerk
The notice is filed with the clerk of the district court, juvenile court, or Business and Chancery Court that entered the judgment, never with the appellate court (Utah R. App. P. 3(a)(1)).
Naming the Correct Appellate Court
The notice must name the court the appeal is taken to (Utah R. App. P. 3(d)(4)); an ordinary civil judgment falls within the Utah Supreme Court's own jurisdiction first (Utah Code 78A-3-102(3)(j)), with any transfer to the Court of Appeals left to the Supreme Court's discretion (Utah Code 78A-3-102(4); Utah R. App. P. 42(a)).
Required Contents of the Notice
Utah R. App. P. 3(d) requires the notice to specify the party taking the appeal, state whether trial counsel remains counsel of record on appeal if privately retained trial counsel files the notice, name the court appealed from, name the court appealed to, and designate the judgment or order appealed from.
$300 Cost Bond at Filing
Most civil appellants must file a cost bond of at least $300 (or a greater amount the trial court sets) with the notice, unless a supersedeas bond is filed, the adverse party waives it in writing, the appellant has a fee waiver, or a government entity is appealing (Utah R. App. P. 6(b)-(c)).
Filing Does Not Stay Collection
Filing the notice does not by itself stop the judgment creditor from collecting. Utah R. Civ. P. 62(a) bars execution or a writ to enforce a money judgment for only 28 days after entry, absent a court order otherwise; a longer stay requires a bond the court approves under Rule 62(b) or a motion under Utah R. App. P. 8.
Small Claims Appeal Is a Trial De Novo
Either party may appeal a small-claims judgment to the district court for a trial de novo by filing a notice of appeal in the original trial court within 28 days of entry of the judgment (Utah Code 78A-8-106(1)).