{"data":{"id":"us-ut/utah-code-78a-5b-104","jurisdiction":"us-ut","citation":"Utah Code § 78A-5b-104","heading":"Jurisdiction of the Constitutional Court -- Judgment by panel -- District court action.","body":"(1) The Constitutional Court has exclusive jurisdiction over:\n(a) a civil action filed on or after the effective date of this chapter if the civil action:\n(i) is challenging the constitutionality of a state statute or legislation, a provision of the Utah Constitution, an action or inaction of the Legislature, an executive order, an administrative rule, or an inaction by the executive branch;\n(ii) is seeking a declaratory judgment or injunctive relief; and\n(iii) is brought against a state entity or a state official in the state official's capacity;\n(b) a civil action filed before the effective date of this chapter if:\n(i) the civil action is challenging the constitutionality of a state statute or legislation, a provision of the Utah Constitution, an action or inaction of the Legislature, an executive order, an administrative rule, or an inaction by the executive branch;\n(ii) the civil action is seeking a declaratory judgment or injunctive relief;\n(iii) the civil action is brought in the district court against a state entity or a state official in the state official's capacity; and\n(iv) a party files a notice of removal within 45 days after the effective date of this chapter.\n(2) If a party files a notice of removal under Subsection (1)(b), the Constitutional Court shall adjudicate any challenge as to whether the notice of removal complied with the requirements of Subsection (1)(b).\n(3) A court shall transfer an action to the Constitutional Court if:\n(a) a party brings the civil action for which the Constitutional Court has exclusive jurisdiction under Subsection (1)(a) in the court; or\n(b) a party files a notice of removal under Subsection (1)(b).\n(4) A party to a civil action in the Constitutional Court may not seek to transfer the action to another trial court of this state, unless the Constitutional Court lacks jurisdiction over the action.","path":["Title 78A Judiciary and Judicial Administration","Chapter 78A-5b Constitutional Court","Part 78A-5b-1 General Provisions"],"source_url":"https://le.utah.gov/xcode/Title78A/Chapter5b/78A-5b-S104.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"6503067a25e4f8f70b1e08aeff4386e965839823acf0014b52c67356adf7d923","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-78a-5b-103","next":"us-ut/utah-code-78a-5b-105"},"notice":"GroundRules: Original legal text. Not legal advice."}
