78A-5b-104. Jurisdiction of the Constitutional Court -- Judgment by panel -- District court action.
(1) The Constitutional Court has exclusive jurisdiction over: a civil action filed on or after the effective date of this chapter if 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; is seeking a declaratory judgment or injunctive relief; and is brought against a state entity or a state official in the state official's capacity; a civil action filed before the effective date of this chapter if: 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; the civil action is seeking a declaratory judgment or injunctive relief; the civil action is brought in the district court against a state entity or a state official in the state official's capacity; and a party files a notice of removal within 45 days after the effective date of this chapter.
(2) If a party files a notice of removal under Subsection, the Constitutional Court shall adjudicate any challenge as to whether the notice of removal complied with the requirements of Subsection. (1)(b) (1)(b)
(3) A court shall transfer an action to the Constitutional Court if: a party brings the civil action for which the Constitutional Court has exclusive jurisdiction under Subsectionin the court; or (1)(a) a party files a notice of removal under Subsection. (1)(b)
(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.