Re: Tenth Circuit US Court of Appeals peace train ! /Ric
in response to
by
posted on
Sep 25, 2009 05:14PM
Ric,
I contacted a Law Clerk at the Utah Appellate Court this morning...see below.
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I have a question on the Appellate Court process regarding Utah civil cases.When a trial is over and the judge's decision is released, does the decision automatically get reviewed by the Utah Appellate Court or other review board - or - does one of the Parties have to request an appeal in order to get the review? Also, how long after the judge's decision does either Party have to appeal the decision? I heard 30 days but am not sure if it is calendar days or business days. Thanks for your help.
Answer: Review of a trial case by the Appellate courts is not automatic. A Notice of Appeal needs to be filed with the trial court within 30 days (straight days, not business days) of the final order in the trial court. Once the notice of appeal is filed with the trial court, they will then certify the notice of appeal and forward it to the Appellate courts for review. I hope this answers all your questions. If you need more information you can refer to Rule 3 and Rule 4 of the Utah Code under Appellate procedures.