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How do I appeal a Justice Court criminal or traffic case in Utah

Utah Law Explained — How Do I Appeal a Justice Court Criminal or Traffic Case in Utah?
UTAH LAW

How Do I Appeal a Justice Court Criminal or Traffic Case in Utah?

Deadlines, trial de novo, stays, filing steps, and common mistakes

If you have been found guilty in a Utah Justice Court for a traffic or misdemeanor criminal charge, you still have another chance. You have the right to appeal to the District Court and request a trial de novo, a brand new trial before a new judge. This guide explains how to file your appeal correctly, what deadlines apply, and how to protect your rights along the way. Bottom line up front: time is short, so act fast and follow each step carefully.

01

Appeal Eligibility and Deadlines

You can appeal most criminal convictions, infractions, or traffic cases decided in a Justice Court. The appeal is not a review of what happened before. It is a completely new trial in the District Court.

Key rule. You must file your Notice of Appeal within 28 days of the final judgment or sentence in your Justice Court case. Missing this deadline usually ends your appeal rights. The 28 days include weekends and holidays, so plan early.

Appeals are handled by the District Court in the same county as your Justice Court case. For example, if your case was in West Valley Justice Court, your appeal goes to the Third District Court in Salt Lake County.

02

Filing the Notice of Appeal and Paying Fees

The process begins with a document called a Notice of Appeal. This form tells the Justice Court you intend to appeal. You can usually find it on the Utah Courts website, or request it from the clerk.

  • Submit the Notice of Appeal to the Justice Court where your case was decided.
  • Pay the appeal filing fee, or apply for a fee waiver if you qualify.
  • The Justice Court will forward the case record to the District Court.

You will receive a new case number and instructions from the District Court. Keep all documents organized. Deadlines and hearing notices will follow soon.

03

Staying Fines, Sentences, or Probation While Appealing

Filing an appeal does not automatically pause fines, jail sentences, or probation terms. You must request a stay of execution in the Justice Court before filing your appeal. If the court denies your stay, you can renew the request in the District Court.

If your appeal involves jail time, you may need to post bail or follow release conditions while waiting for the new trial. Always confirm the terms in writing before you assume a stay is active.

04

Preparing for Your Trial De Novo

A trial de novo means the District Court starts fresh. No transcripts or evidence from the Justice Court automatically carry over unless you bring them. You can call witnesses, present evidence, and argue your case from the beginning.

Documents to organize before trial:

  • Copies of your Notice of Appeal and any receipts
  • Any citations or charging documents
  • Written motions or rulings from the Justice Court
  • Contact information for witnesses or attorneys

District Court follows formal rules of procedure and evidence. If you plan to represent yourself, review Utah Rules of Criminal Procedure or consider limited scope help from a defense attorney.

05

Plea Negotiations and Dismissal Options

Once your case reaches District Court, the prosecutor may offer a plea deal. Some cases resolve before trial, especially if the evidence or circumstances changed since the original hearing. You can accept a negotiated plea, proceed to trial, or dismiss the appeal. Dismissing the appeal will reinstate the Justice Court judgment.

Discuss these options early with your attorney or with the prosecutor to avoid delays.

06

Common Mistakes to Avoid

  • Missing the 28 day filing deadline
  • Failing to request a stay, which can lead to fines or jail while appealing
  • Not updating your address and missing court notices
  • Assuming the District Court will review the old decision, it will not
Stay organized and communicate promptly with both courts. It will make the appeal smoother and less stressful.
07

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Need Help Applying This To Your Situation

Appealing a Justice Court decision is your right, but it is also a race against the clock. File your notice within 28 days, confirm where your case is heading, and keep detailed records of every filing and deadline. If you are unsure about next steps, a Utah defense attorney can help you weigh options and improve your outcome.

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