If you have been convicted in one of Utah’s district courts and if you believe the court made errors, you are constitutionally entitled to file a notice of appeal asking for appellate review of the district court’s actions and rulings.

A notice of appeal must be filed in the district where the case was handled within 30 days of the date of final judgment or the order that is the subject of the appeal. (Please note that a notice of appeal from a justice court decision is subject to a shorter 28-day deadline.)

The Appeals Process

In an appeal from a district court, Utah’s appellate courts review the record for errors. The appellate court can review the evidence admitted at trial, motions, court rulings, jury instructions, evidentiary objections, and other issues or errors that may have arisen in the district court.

Not all errors will necessarily result in a reversal of the conviction or court order. Appellate courts may find that a minor error was “harmless” and therefore not prejudicial to the defendant.

The appellate court will also consider whether the issue on appeal was properly “preserved” in the district court. Issues that were not originally raised in the district court may still be considered on appeal, but they are often subject to more rigid standards of review under a “plain error” or “ineffective assistance of counsel” analysis.

This page touches only very briefly on only a few of the many issues and processes involved in appealing from the judgment of a district court in Utah. If you are considering an appeal, you should speak with an experienced attorney promptly, to make sure that any jurisdictional deadlines are not missed.

Contact us today to arrange for an initial consultation.