Category: Utah Divorce

Can I Appeal?

Generally

Simply put an appeal is a review by a higher court of a lower court’s or agency’s final, sentence, judgment or decree.  In most cases an appeal is not a new trial, and no new evidence will be accepted. The only information the appellate court will consider on appeal is: 1) the written or recorded transcript of the hearing or trial, 2) any items offered as evidence at the hearing or trial, 3) the documents in the court or agency file or 4) the written briefs filed in the appeal.

The exception to the above rule is when you want to appeal the sentence you just received at justice court for a criminal or traffic offense.

An appeal of a justice court sentence goes to the district court, and results in a trial or hearing de novo. De novo means the matter is tried all over again, that you receive a new trial. This is different from other appeal procedures, in which the appellate court does not hear evidence. It is important to note you only have 30 days to file “A Notice of Appeal”  with the justice court after the judge made his/her sentence against you.  If you do not file within that small window of time, you have waived your right to an appeal of the judges sentence.  The procedures for a justice court appeal in a criminal matter are more fully layed out in Utah Rule of Criminal Procedure 38 and Utah Code Section 78A-7-118

An interesting concept about Justice Court Criminal appeals is that the Judge in the District Court can not increase a sentence above what was ordered at the Justice Level.  This is to not sway people from filing criminal appeals in Justice Court.
Cautions with Facebook

Cautions with Facebook

Cautions with Facebook

With the seeming omnipresence of Facebook sharing and the abundance of high-quality mobile phone cameras, it’s easier than ever for parents to choke the Internet with pictures.

Here are five reasons (including a few legal ones) that you may want to keep baby pics off your Facebook account:

Cautions with Facebook
Cautions with Facebook
  1.  Your baby pictures could be used/viewed as child pornography. In some rare instances, you may actually be accused of producing child pornography: That happened to a Utah couple after a photo lab worker reported pictures of the father kissing his naked baby to police. The charges were eventually dropped, but the couple was still deported following the incident.
  2.  Potential misappropriation for commercial purposes.Pictures of your children online can easily be copied and used for unwanted purposes that you may never know about. Immoral bloggers and website owners may find and use images of your cute baby for their own commercial gain without your permission.
  3.  The Internet rarely forgets.Although many websites, Facebook included, offer users the options of deleting old posts, sometimes it’s too late.  Even if you later decide to delete your baby’s pictures from Facebook, other users may have already saved or posted the image. The image may have also been cached or stored elsewhere without your knowledge.
  4.  Your baby pic could turn into a viral meme.A less likely, but no less regrettable, risk is that a particularly cute or funny picture of your child could become a meme — an image that spreads throughout the Internet via user posting. While for Internet aficionados this may be desirable, your child may not appreciate being Internet-famous for a baby photo later in life.
  5.  Overshare overload.Keeping baby pictures off of Facebook may not only be a good choice for you and your child, but it may also spare your friends and colleagues from baby picture overload.

Cautions with Facebook

New Filing Deadlines for Divorces

There are a few basic rules you should know and keep in mind when calculating deadlines, as the Utah rules have changed as of May 1, 2014.

When to Start?

First, you should know when the time period begins, ie. what day will you count as day “one.”  The Utah Rules of Civil Procedure Rule 6 states “exclude the day of the event that triggers the period.”  For example, if you were to file a Complaint on Monday, you would begin counting on Tuesday, if you are served with a Complaint on Wednesday you should start counting on Thursday.

What about Weekends & Holidays?

When you are counting the days you should count every day, including Saturdays, Sundays and legal holidays.  This is a new this year.  Prior to this change, for some deadlines weekends were not included – THIS IS NO LONGER TRUE.

Additionally, if the time period ends on a weekend or legal holiday, move your deadline to the next day that is not a weekend or legal holiday.  For example, if you were counting 21 days after being served and the 21st day was on a Sunday, the deadline would actually be Monday.

Most of the time, the deadline to file something is midnight for electronic filing or mailing (postage stamp), but if you are not filing electronically and are filing by hand then you must file by the time the clerk’s office is scheduled to close.

What about Delayed Mail?

If you receive any pleadings by regular mail under Rule 5(b)(1)(A)(iv) then 3 more days are added to the end of your deadline for your time to respond.   If you send a pleading by mail, remember that the other side will be adding 3 days to the end of their deadline. For example, if you received a motion that is to be heard before a judge in the mail, then you have 14 days plus 3 more days before your response would be due.

Does it matter whether I am in front of a Judge or a Commissioner?

Pursuant to the new rules, deadlines for Judges and for Commissioners are different.  You must find out from the court – “Who will be sitting at the hearing?” If the court does not know – assume it is the judge, OR look to the Utah Rules of Civil Procedure Rule 7Rules 26 and 26.1, or Rule 101 to determine whether a judge or commissioner will be hearing the pleadings.

If the pleading is going to be heard by a judge, then you count forward, as described above. For example, if you file a Motion for Summary Judgment to  be heard by the Judge on Monday.  The opposing side will have 14 days to respond under Rule 7, and counting forward 14 days this would be a Monday also, unless it’s a holiday (then move to Tuesday). If the opposing party fails to file a response by Monday, 14 days later, then the response would be untimely.  Most of the time, you will be counting forward – Complaints and Petitions are considered before the judge.

However, commissioners count days for deadlines backwards.  In other words, ONLY WHEN A HEARING HAS BEEN SCHEDULED can you know the deadlines.  For example, if you file a Motion for Temporary Orders, you should also call the commissioner’s clerk to set a hearing so there will be a deadline for the opposing party to respond.  If the hearing is set for Friday the 25th of July, Rule 101 says that for commissioners, the due date for the opposing party to respond is 7 days in advance of that hearing. So, do not count the Friday of the hearing; begin Thursday as day “one” and count backward 7 days. In this case, that would be midnight the 18th of July, also a Friday. Note, that if the date you land on when counting is a holiday, you move in the SAME DIRECTION you were counting to the next non-weekend, non-holiday day. In this case if Friday the 18th were a holiday, the due date is now July 17th for the other party’s response – NOT Monday the 21st.

If you have any questions please feel free to contact or schdule a consultation with one of our attorneys.