2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 4 - Court of Appeals › Part 1 - General Provisions › Section 103 - Court of Appeals jurisdiction.

Effective 5/3/2023
78A-4-103.
Court of Appeals jurisdiction.
(1) As used in this section, "adjudicative proceeding" does not include a proceeding under Title 63G, Chapter 2, Part 4, Appeals, that precedes judicial review under Section 63G-2-404.
(2) 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.
(3) The Court of Appeals has appellate jurisdiction, including jurisdiction of interlocutory appeals, over:
(a)
(i) a final order or decree resulting from:
(A) a formal adjudicative proceeding of a state agency;
(B) a special adjudicative proceeding, as described in Section 19-1-301.5; or
(C) a hearing before a local school board or the State Board of Education as described in Section 53G-11-515; or
(ii) an appeal from the district court review of an informal adjudicative proceeding of an agency other than the following:
(A) the Public Service Commission;
(B) the State Tax Commission;
(C) the School and Institutional Trust Lands Board of Trustees;
(D) the Division of Forestry, Fire, and State Lands, for an action reviewed by the executive director of the Department of Natural Resources;
(E) the Board of Oil, Gas, and Mining; or
(F) 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.
(4) 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.
(5) 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 516, 2023 General Session