Utah R. App. P. 44

As amended through October 28, 2024
Rule 44 - Transfer of Improperly Pursued Appeals

If a notice of appeal, a petition for permission to appeal from an interlocutory order, or a petition for review is filed in a timely manner but is pursued in an appellate court that does not have jurisdiction in the case, the appellate court, either on its own motion or on motion of any party, will transfer the case, including the record on appeal, all motions and other orders, and a copy of the docket entries, to the court with jurisdiction in the case. The clerk of the transferring court will give notice to all parties and to the clerk of the trial court of the order transferring the case. The time for filing all papers in a transferred case will be calculated according to the time schedule of the receiving court.

Utah. R. App. P. 44

Amended May 29, 2020, effective 11/1/2020.

Advisory Committee Note

Rule 44 permits the transfer of an appeal that is timely but improperly filed between the Supreme Court and the Court of Appeals. It also permits the transfer of improperly filed petitions for review of informal adjudicative proceedings of administrative agencies from an appellate court to a district court that has jurisdiction to review those proceedings.