78A-4-103. Jurisdiction of Court of Appeals.

582 words·~3 min read·/ut/title-78a/chapter-4/78a-4-103

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 3/13/2026

(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 the judgments, orders, and decrees of the Court of Appeals; or

(b)in aid of the jurisdiction of the Court of Appeals.

(3)The Court of Appeals has original appellate jurisdiction, including original appellate jurisdiction of an interlocutory appeal, over:

(i)except as provided in Subsection 78A-3-102(4)(a)(i) , a final agency action, as described in Section 63G-4-403 , originating 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)except as provided in Subsection 78A-3-102(4)(a)(ii) , an appeal from the district court review of an informal adjudicative proceeding of an agency;

(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 for 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 does not have appellate jurisdiction over an appeal of an injunctive order described in Section 78B-5-1002 .

(5)Notwithstanding Subsection

(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.

(6)The Court of Appeals shall comply with the requirements of Title 63G, Chapter 4, Administrative Procedures Act , in the Court of Appeals's review of an agency adjudicative proceeding.

(7)A Court of Appeals judge may sit as a member of a panel for the Constitutional Court if:

(a)Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102 ;

(b)the Court of Appeals judge is designated by the presiding officer of the Judicial Council to sit as a member of a panel as described in Section 78A-5a-202 ; and

(c)a Constitutional Court judge is unable to sit on the panel due to recusal or disqualification.

Amended by Chapter 38 , 2026 General Session