Deadlines After a Conviction
Utah R. App. P. 4 — 30 days to appeal, and one year for postconviction relief
30 days. Where an appeal is permitted as a matter of right, the notice of appeal must be filed with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from. A judgment or order entered on a Saturday, Sunday or legal holiday is treated as entered on the next day that is not one.
Who handles this in Utah: legal aid programs and the state offices, listed in the Utah directory.
An extension. On a motion filed before the time runs out and a showing of good cause, or filed not later than 30 days after it runs out and a showing of good cause or excusable neglect, the trial court may extend the time. An extension may not exceed 30 days beyond the prescribed time or 14 days beyond the date of entry of the order granting it, whichever occurs later.
Deprived of the appeal. The trial court reinstates the 30 day period for a direct appeal in a criminal case where the defendant shows, by a preponderance of the evidence, that the defendant was deprived of the right to appeal through no fault of the defendant. The motion is filed within one year, or within a reasonable time, whichever is later, from when the defendant knew or should have known of the facts; a defendant who is not represented by counsel and is indigent is appointed counsel.
One year. A petitioner is entitled to relief only if the petition is filed within one year after the day on which the cause of action has accrued.
- The last day for filing an appeal from the entry of the final judgment of conviction, if no appeal is taken.
- The entry of the decision of the appellate court that has jurisdiction over the case, if an appeal is taken.
- The last day for filing a petition for writ of certiorari in the Utah Supreme Court or the United States Supreme Court, if none is filed; or the denial of, or decision on, a petition that is filed.
- The date the petitioner knew or should have known, in the exercise of reasonable diligence, of the evidentiary facts the petition is based on.
It accrues on the later of the dates the section lists, among them those above. The period is tolled while the petitioner was prevented from filing by state action in violation of the United States Constitution or by physical or mental incapacity, and while a petition for exoneration through DNA testing or for a determination of factual innocence is pending.
Assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules and deadlines of their own and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed Utah attorney.
Sources for this section (2)
- Utah R. App. P. 4 — Appeal as of right: when taken
- Utah Code 78B-9-107 — Statute of limitations for postconviction relief
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Utah attorney.