Title 78B, Title 78B: Judicial Code

78B-25-105. Hearing. (1) The court shall hear a motion under Sectionnot later than 60 days after the day on which the motion is filed, unless the court orders a later hearing: 78B-25-103 to allow discovery under Subsection; or 78B-25-104(4) for other good cause. (2) If the court …

78B-25-106. Proof. In ruling on a motion under Section, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under Utah Rules of Civil Procedure, Rule 56.

78B-25-107. Dismissal of cause of action in whole or part. (1) In ruling on a motion under Section, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: 78B-25-103 the moving party establishes under Subsectionthat this chapter applies; 78B-2…

78B-25-108. Ruling. The court shall rule on a motion under Sectionnot later than 60 days after the day on which a hearing is held under Section.

78B-25-109. Appeal. (1) A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under Section. 78B-25-103 (2) The appeal shall be filed in accordance with Utah Rules of Appellate Procedure, Rule 4.

78B-25-110. Costs, attorney fees, and expenses. On a motion under Section, the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion: (1) to the moving party if the moving party prevails on the motion; or (2) to the resp…

78B-25-111. Construction. This chapter shall be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution or the Utah Con…

78B-25-112. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to the uniform law's subject matter among states that enact the uniform law.

78B-25-113. Transitional provision. This chapter applies to a civil action filed or cause of action asserted in a civil action on or after May 3, 2023.

78B-25-114. Savings clause. This chapter does not affect a cause of action asserted before May 3, 2023, in a civil action or a motion under Laws of Utah 2008, Chapter 3, Sections 1087 and 1088, regarding the cause of action.

78B-25-115. Severability. If any provision of this chapter or the chapter's application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or applic…