Lotus Appellate Law
Utah Rules of Criminal Procedure: Filing Deadlines & Procedural Timeline
Every stage of a Utah criminal case runs on deadlines — and unlike civil litigation, the consequences of missing them can mean the difference between freedom and incarceration. Pretrial motions not raised 7 days before trial are waived. A motion for new trial filed one day late after sentencing is gone. A justice court appeal not filed within 28 days cannot be reinstated without showing deprivation of the right to appeal.
This filing deadline timeline maps every procedural requirement across all phases of a Utah criminal case — organized by phase and rule number so nothing gets missed.
URCrP Filing Deadlines
Fixed deadline — specific day count required
No fixed deadline — rule applies but timing is discretionary, event-triggered, or “timely”
Filter by phase
Filter by rule number
Commencement & Time
Exclude trigger day
Computing time — general ruleProcedural
Exclude the day of the event that triggers the period. Count every day including Saturdays, Sundays, and legal holidays. If the last day falls on a Saturday, Sunday, or legal holiday, the period extends to the next court day.
+3 days
Mail service extension
When a party must act within a specified time after service and service is made by mail, 3 days are added after the period would otherwise expire.
Good cause
Extending time — court discretionCourt Order
Court may extend time for good cause, with or without motion, before the original period expires. After expiration, court may extend on motion if the party failed to act due to excusable neglect. Court may not extend deadlines for acquittal, new trial, arrest of judgment, or appeal unless otherwise provided.
No deadline
Service and filing of papersProcedural
All papers required to be served must be served on the opposing party. Papers filed with the court must include a certificate of service. No fixed deadline separate from the underlying filing obligation.
Initial Proceedings
No deadline
First appearance — rights advisementProcedural
At first appearance, court must inform defendant of: the charges; available affidavits/recorded testimony; right to retain or have counsel appointed; pretrial release rights; and right not to make statements. No fixed filing deadline — triggered by arrest or initial appearance.
7 days max continuance
Continuance of initial appearance
Upon application of either party and showing of good cause, court may allow up to a 7-day continuance of the initial appearance to allow for preparation, including victim notification. Court may allow more than 7 days with defendant’s consent.
14 days (in custody)
Preliminary hearing — defendant in custody
If defendant does not waive a preliminary hearing and is in custody for the offense charged, hearing must be held not later than 14 days after the request. May be extended by court for good cause shown.
28 days (not in custody)
Preliminary hearing — defendant not in custody
If defendant is not in custody, preliminary hearing must be held not later than 28 days after the request. May be extended by court for good cause shown.
Reasonable time
Appointment of counselProcedural
If defendant is indigent, court must appoint counsel unless defendant knowingly and intelligently waives the right. If defendant has resources to retain counsel, court must allow a reasonable time and opportunity to do so. No fixed day count — governed by circumstances.
Without unnecessary delay
Initial appearance after warrantless arrestProcedural
A person arrested without a warrant must be taken before a magistrate without unnecessary delay for the initial appearance proceedings under Rule 7. No fixed day count — governed by constitutional speedy appearance requirements.
Pleas
Before sentence announced
Motion to withdraw guilty, no contest, or guilty-with-mental-condition pleaWaiver Risk
Defendant must make motion to withdraw a plea of guilty, no contest, or guilty with a mental condition before the sentence is announced. Court may not announce sentence unless the motion to withdraw is denied. Failure to move timely generally limits defendant to direct appeal or preservation rule exceptions.
30 days
Motion to withdraw plea in abeyance
A defendant must make a motion to withdraw a plea in abeyance within 30 days after the day on which the court accepts the defendant’s plea of guilty or no contest.
No deadline
Plea requirements — court findings before accepting pleaProcedural
Before accepting a guilty or no contest plea, court must find: voluntary plea; waiver of trial rights; understanding of elements and burden of proof; knowledge of minimum/maximum sentence; disclosure of any plea agreement; and advisement of appeal limitations. Court may refuse to accept a plea for any reason. Guilty-with-mental-condition pleas require a separate hearing within a reasonable time.
Motions Practice
At least 7 days before trial
Pretrial motions — defects, suppression, discovery, severance, double jeopardy, jurisdictionWaiver Risk
The following must be raised at least 7 days before trial: defenses and objections based on defects in the indictment or information; motions to suppress evidence; requests for discovery; requests for severance of charges or defendants; motions to dismiss on double jeopardy grounds; and motions challenging jurisdiction. Failure to timely raise constitutes waiver unless court grants relief for cause shown.
At least 14 days before sentencing
Motion for reduction of criminal offense at sentencing (§ 76-3-402(1))
Must be in writing and filed at least 14 days before sentencing, unless the court sets sentencing within 10 days of the entry of conviction. Motions for reduction under § 76-3-402(2) may be raised at any time after sentencing upon proper service on the prosecuting entity.
At least 28 days before trial
Motion regarding justification of use of force (§ 76-2-309)
Must be filed in writing at least 28 days before trial, unless there is good cause shown why it could not have been raised 28 days before trial.
14 days
AG / governmental entity notice of intent to respond to constitutional challenge
After the deadline for parties to file all papers responding to a constitutional challenge, the AG or other governmental entity has 14 days to file a notice of intent to respond (or seek up to 7 additional days’ extension).
14 days
AG / governmental entity response to constitutional challenge
Unless parties stipulate or court grants additional time, the responding entity’s response to the constitutional challenge must be filed within 14 days after filing the notice of intent to respond.
Same day or before
Constitutional challenge notice — serve AG concurrent with filingRequired
Party must serve the Notice of Constitutional Challenge on the AG or other governmental entity on or before the date the challenging paper is filed with the court.
No deadline
Request to submit motion for decisionRequired to Proceed
If neither party has advised the court of the filing nor requested a hearing after the response and reply period has passed, either party may file a Request to Submit for Decision. If no party files a written Request to Submit, and the motion has not otherwise been brought to the court’s attention, the motion will not be considered submitted for decision.
Discovery
5 days after request
Prosecution disclosure of evidence relied upon to file information
Prosecutor must disclose all evidence relied upon to file the information within 5 days after receiving a request for discovery from the defendant. Disclosure is a continuing duty as material becomes known.
14 days before trial
Prosecution trial disclosures — witness list and exhibits
Prosecutor must disclose no later than 14 days before trial (or as soon as practicable): a written list of all witnesses intended to be called at trial with current contact information; and all exhibits the prosecution intends to introduce at trial.
14 days before trial
Defense trial disclosures — witness list and exhibits
Defense must disclose no later than 14 days before trial (or as soon as practicable): a written list of all witnesses (except defendant) intended to be called at trial with current contact information; and all exhibits the defense intends to introduce at trial.
Continuing duty
Prosecution mandatory disclosure — ongoing obligationContinuing Duty
Prosecution’s duty to disclose is a continuing duty as material or information becomes known. Mandatory disclosure includes: written/recorded statements of defendant and codefendants; examination reports and scientific test results; physical and electronic evidence; written/recorded witness statements; law enforcement reports and notes; and all Brady material favorable to the defendant.
Before preliminary examination or plea/trial
All presently available discovery must be disclosed before preliminary examinationRequired
All material listed under Rule 16(a)(1) that is presently and reasonably available must be disclosed before the preliminary examination (if applicable), or before the defendant enters a plea or goes to trial, unless otherwise waived by the defendant.
Trial
No deadline
Right to speedy trialConstitutional
Defendant has the right to a speedy public trial before an impartial jury (for jury-triable offenses). No fixed day count in the rule — constitutional speedy trial rights and any applicable statutory speedy trial provisions govern. Defendant unable to make bail must be given preference for an early trial date.
Before jury retires
Objections to jury instructionsWaiver Risk
Objections to jury instructions must be made before the jury retires to deliberate. Failure to object generally waives the issue on appeal.
Sentencing
2 – 45 days after verdict/plea
Time for sentencing after guilty verdict or plea
Upon entry of a guilty verdict or plea, court must set a sentencing date not less than 2 nor more than 45 days after the verdict or plea, unless the court with defendant’s concurrence otherwise orders. Before imposing sentence, court must afford defendant and the prosecution an opportunity to present information.
3 business days before sentencing
Presentence investigation report — delivery to parties
At least 3 business days in advance of the scheduled sentencing date, the Department of Corrections must provide a copy of the presentence investigation report to the court, and to defendant’s counsel (or defendant if unrepresented), and the prosecutor.
1 year
Motion to correct illegal sentence — certain grounds
A motion to correct a sentence that violates double jeopardy, is ambiguous as to time/manner of service, or is internally contradictory must be filed no later than one year from the date the facts supporting the claim could have been discovered through the exercise of due diligence.
Any time
Motion to correct illegal sentence — other groundsAny time
A motion to correct a sentence that exceeds statutory maximums, is less than statutory minimums, omits a required condition, or includes a prohibited condition may be filed at any time. Post-sentence constitutional challenges based on new Supreme Court/Utah Supreme Court/Court of Appeals rulings may also be raised at any time.
Post-Conviction
14 days after sentence
Motion for new trialNon-Extendable
Motion for new trial must be made not later than 14 days after entry of the sentence, or within such further time as the court may fix before expiration of the time for filing. Must be in writing, upon notice, and accompanied by affidavits or evidence of essential facts. Court may not extend time under Rule 2(b)(2) once the period expires.
Any time before sentence
Arrest of judgmentAny time
At any time prior to the imposition of sentence, the court on its own initiative may, or on motion of defendant shall, arrest judgment if the facts proved or admitted do not constitute a public offense, the defendant is mentally ill, or there is other good cause. Court may order recommitment, new charge/retrial, or any other just order.
Appeals
28 days
Notice of appeal from justice court to district courtJurisdictional
Notice of appeal from a justice court order or judgment must be filed within 28 days of the entry of that order or judgment.
7 days
Justice court transmittal of appeal packet to district court
Within 7 days of receiving the notice of appeal, justice court must transmit an appeal packet to the district court containing: the notice of appeal; the docket; the information or citation; and the judgment and sentence, if any.
7 days (in custody)
District court scheduling conference after receipt of appeal packet — defendant in custody
If defendant is in custody because of the matter appealed, district court must hold scheduling conference within 7 days of receipt of the appeals packet.
28 days (not in custody)
District court scheduling conference — defendant not in custody
If defendant is not in custody, district court must hold scheduling conference within 28 days of receipt of the appeals packet.
21 days
Prosecutor’s response to motion to reinstate appeal period
Prosecutor has 21 days after service of a motion to reinstate the appeal period to file a written response. If prosecutor opposes, justice court must set a hearing at which parties may present evidence.
6 months
Motion to reinstate dismissed appeal — outer limit
Absent a showing of excusable neglect, a motion to reinstate the appeal period may be filed no later than 6 months after the original time for appeal has expired.
14 days
District court remand — withdraw appeal before plea or trial
If defendant elects to withdraw the appeal and have the case remanded to justice court, the district court must remand within 14 days of the defendant notifying the court of the election.
14 days
District court remand — hearings de novo
After entering its findings or orders in a de novo hearing, the district court must remand the case to the justice court within 14 days, unless the case is disposed of by the findings/orders or the district court retains jurisdiction.
21 days
Justice court transmittal of bail/revenues after retained jurisdiction order
Where district court retains jurisdiction and orders justice court to forward monetary bail, other security, or revenues, the justice court must transmit such monies or securities within 21 days of receiving the order.
5 days (in custody)
Justice court review conference on remandProcedural
Upon receiving a remanded case, the justice court must set a review conference: within 5 days of receipt if the defendant is in custody; otherwise within 28 days. Court must send notice to parties at addresses contained in the notice of appeal unless updated by the district court.
Counsel
Court approval required
Withdrawal of counsel — prior to judgmentCourt Order Required
An attorney may not withdraw as counsel of record in criminal cases without court approval. Motion to withdraw must be made in open court with the defendant present unless otherwise ordered. Counsel must certify that the withdrawal meets the Rules of Professional Conduct.
Before permitted withdrawal
Withdrawal of counsel — after judgment certification requirementsProcedural
Before permitting withdrawal after judgment, trial court must require counsel to certify that: defendant has been advised of the right to file a motion for new trial or seek a certificate of probable cause (and if appropriate, that it has been filed); and defendant has been advised of the right to appeal (and if appropriate, that a Notice of Appeal, Request for Transcript, and any required Affidavit of Impecuniosity have been filed).
Legal Disclaimer: The filing deadlines and procedural rules compiled on this page are provided for general informational purposes only and do not constitute legal advice. While Lotus Appellate Law strives to keep this reference current, we cannot guarantee the accuracy, completeness, or timeliness of any information presented here. Court rules are amended periodically and without notice. Always verify deadlines and procedural requirements directly against the official Utah Rules of Appellate Procedure at utcourts.gov before relying on any information on this page. Missing a filing deadline can have serious and irreversible consequences. If you have questions about a specific matter, consult a licensed Utah attorney.