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Judiciary and Judicial Administration | |
Court of Appeals | |
Section 103 | Court of Appeals jurisdiction. |
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78A-4-103. Court of Appeals jurisdiction. (1) The Court of Appeals has jurisdiction to issue all extraordinary writs and to issue all writs and process necessary: (a) to carry into effect its judgments, orders, and decrees; or (b) in aid of its jurisdiction. (2) The Court of Appeals has appellate jurisdiction, including jurisdiction of interlocutory appeals, over: (a) the final orders and decrees resulting from formal adjudicative proceedings of state agencies or appeals from the district court review of informal adjudicative proceedings of the agencies, except the Public Service Commission, State Tax Commission, School and Institutional Trust Lands Board of Trustees, Division of Forestry, Fire, and State Lands actions reviewed by the executive director of the Department of Natural Resources, Board of Oil, Gas, and Mining, and the state engineer; (b) appeals from the district court review of: (i) adjudicative proceedings of agencies of political subdivisions of the state or other local agencies; and (ii) a challenge to agency action under Section 63G-3-602; (c) appeals from the juvenile courts; (d) interlocutory appeals from any court of record in criminal cases, except those involving a charge of a first degree or capital felony; (e) appeals from a court of record in criminal cases, except those involving a conviction or charge of a first degree felony or capital felony; (f) appeals from orders on petitions for extraordinary writs sought by persons who are incarcerated or serving any other criminal sentence, except petitions constituting a challenge to a conviction of or the sentence for a first degree or capital felony; (g) appeals from the orders on petitions for extraordinary writs challenging the decisions of the Board of Pardons and Parole except in cases involving a first degree or capital felony; (h) appeals from district court involving domestic relations cases, including, but not limited to, divorce, annulment, property division, child custody, support, parent-time, visitation, adoption, and paternity; (i) appeals from the Utah Military Court; and (j) cases transferred to the Court of Appeals from the Supreme Court. (3) The Court of Appeals upon its own motion only and by the vote of four judges of the court may certify to the Supreme Court for original appellate review and determination any matter over which the Court of Appeals has original appellate jurisdiction. (4) The Court of Appeals shall comply with the requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its review of agency adjudicative proceedings.
Amended by Chapter 344, 2009 General Session |
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