Title 78A, Judiciary and Judicial Administration

78A-4-104. Location of Court of Appeals. The Court of Appeals has its principal location in Salt Lake City. The Court of Appeals may perform any of its functions in any location within the state.

78A-4-105. Review of actions by Supreme Court. Review of the judgments, orders, and decrees of the Court of Appeals shall be by petition for writ of certiorari to the Supreme Court.

78A-4-106. Appellate Mediation Office -- Protected records and information -- Governmental immunity. (1) Unless a more restrictive rule of court is adopted pursuant to Subsection 63G-2-201(3)(b), information and records relating to any matter on appeal received or generated by th…

78A-4-201. Appellate review of juvenile courts. To uphold the clear and compelling fundamental liberty interests and constitutionally protected rights of parents and the strong public policy in favor of maximizing family unification, appropriate appellate review shall be made ava…

78A-5-101. State District Court Administrative System -- Definitions. (1) As used in this chapter: (a) "Court system" means the State District Court Administrative System. (b) "Single criminal episode" means the same as that term is defined in Section 76-1-401. (2)(a) The distric…

78A-5-102. Jurisdiction of the district court -- Appeals. (1) Except as otherwise provided by the Utah Constitution or by statute, the district court has original jurisdiction in all matters civil and criminal. (2) A district court judge may: (a) issue all extraordinary writs and…

78A-5-102.5. Jurisdiction of the district court over an offense committed by a minor -- Exclusive jurisdiction of the district court -- Transfer to juvenile court. (1) As used in this section: (a) "Minor" means: (i) an individual who is under 18 years old; (ii) an individual who …

78A-5-102.7. Three-judge panel in the district court -- Requirements. (1) As used in this section: (a) "Panel" means a panel of three district court judges that is convened under this section to hear and decide an action. (b)(i) "State entity" means the state or any agency, depar…

78A-5-103. District court case management. (1) As used in this section: (a) "Municipal case" means a criminal case: (i) filed in a district court by a city attorney on behalf of a municipality; (ii) appealed from a municipal justice court to a district court; or (iii) transferred…

78A-5-103. District court case management -- Establishment of a division of the district court. (1) As used in this section: (a) "Debt collection or housing action" means a civil action in the district court: (i) for forcible entry and detainer as described in Title 78B, Chapter …

78A-5-104. Terms -- Minimum of once quarterly. Each district court shall hold court at the county seat of each county within the district at least once in each quarter of the year.

78A-5-105. Term of judges -- Vacancy. (1)(a) A judge of the district court is appointed initially until the first general election held more than three years after the effective date of the appointment. (b) After the first term of appointment under Subsection (1)(a), the term of …

78A-5-106. Presiding judge -- Associate presiding judge -- Election -- Term -- Compensation -- Powers -- Duties. (1) In judicial districts having more than one district court judge, the district court judges shall elect one judge of the district to the office of presiding judge. …

78A-5-107. Court commissioners -- Qualifications -- Appointment -- Functions governed by rule. (1)(a) Court commissioners are quasi-judicial officers of courts of record and have limited judicial authority as provided by this section and rules of the Judicial Council. (b) Court c…

78A-5-108. Duties of the clerk of the district court. The clerk of the district court shall: (1) take charge of and safely keep the court seal; (2) take charge of and safely keep or dispose of all books, papers, and records filed or deposited with the clerk, and all other records…

78A-5-109. Costs of system. (1) The cost of salaries, travel, and training required for the discharge of the duties of district court judges, court commissioners, secretaries of judges or court executives, court executives, and court reporters shall be paid from appropriations ma…

78A-5-110. Allocation of district court fees and forfeitures. (1) Except as provided in this section, district court fines and forfeitures collected for violation of state statutes shall be paid to the state treasurer. (2) Fines and forfeitures collected by the court for violatio…

78A-5-111. Transfer of court operating responsibilities -- Facilities -- Staff -- Budget. (1) A county's determination to transfer responsibility for operation of the district court to the state is irrevocable. (2)(a) Court space suitable for the conduct of judicial business as s…

78A-5-201. Creation and expansion of existing drug court programs -- Definition of drug court program -- Criteria for participation in drug court programs -- Reporting requirements. (1) There may be created a drug court program in any judicial district that demonstrates: (a) the …

78A-5-202. Creation of Drug Board Pilot Project -- Definition of Drug Board Pilot Project -- Criteria for parolee participation in the Drug Board Pilot Project -- Reporting requirements. (1) There may be created a Drug Board Pilot Project in Davis and Weber counties that includes…

78A-5-301.5. Title. This part is known as the "Veterans Treatment Court Act."

78A-5-302. Definitions. As used in this part: (1) "Defendant" means a veteran charged with a criminal offense. (2) "Domestic violence" means the same as that term is defined in Section 77-36-1. (3)(a) "Participant agreement" means the record, required by Subsection 78A-5-304(1), …

78A-5-303. Creation of a veterans treatment court. (1) The Judicial Council may create a veterans treatment court in any judicial district or geographic region that demonstrates: (a) the need for a veterans treatment court; and (b) the existence of a collaborative strategy betwee…

78A-5-304. Record of policies and procedures. (1) A veterans treatment court shall create a record of policies and procedures adopted to implement Sections 78A-5-305 through 78A-5-312. (2) A veterans treatment court shall seek input from prosecutors, defense attorneys, and other …

78A-5-305. Policies and procedures for a veterans treatment court. (1) A veterans treatment court shall adopt policies and procedures to: (a) integrate alcohol-treatment, drug-treatment, and mental-health services with the defendant's criminal case; (b) use a nonadversarial appro…

78A-5-306. Supplemental policies and procedures of veterans treatment court. (1) A veterans treatment court may adopt supplemental policies and procedures to: (a) refer a defendant with a medical or medication need to an appropriate health care provider; (b) refer a defendant to …

78A-5-307. Eligibility. (1) A defendant is eligible to be screened for participation in a veterans treatment court if: (a) the defendant is a veteran; (b) the defendant has a mental-health condition, traumatic brain injury, or substance use disorder; (c) the defendant agrees on t…

78A-5-308. Requirement for admission. For a defendant to be admitted to a veterans treatment court, the defendant and prosecutor must sign, and the court must approve, a participant agreement and a plea in abeyance, plea agreement, or probation agreement.

78A-5-309. Victim of domestic violence. (1) If a victim or alleged victim of a domestic violence offense that serves as the basis for the defendant's participation in a veterans treatment court can be reasonably located, the victim or alleged victim must be offered: (a) referrals…

78A-5-310. Modification or termination. (1)(a) If a prosecutor finds that a defendant has failed to comply with the defendant's participant agreement, the prosecutor may notify the veterans treatment court and the defendant of the defendant's failure to comply with the participan…

78A-5-311. Completion of the participant agreement. If the veterans treatment court determines that a defendant has completed the requirements of the defendant's participant agreement, the court shall adjudicate the defendant's case in accordance with the defendant's participant …

78A-5-312. No right to participate. This part does not create a right to participation in a veterans treatment court.

78A-5-313. Severability. If any provision of this part, or the application of any provision of this part to any person or circumstance, is held invalid, the remainder of this part shall be given effect without the invalid provision or application.

78A-5a-101. Definitions for chapter. As used in this chapter: (1) "Action" means a lawsuit or case commenced in a court. (2)(a) "Asset" means property of all kinds, real or personal and tangible or intangible. (b) "Asset" includes: (i) cash, except for any reasonable compensation…

78A-5a-102. Establishment of the Business and Chancery Court -- Organization and status. (1) There is established the Business and Chancery Court for the state. (2) The Business and Chancery Court is a court of record. (3) The Business and Chancery Court is a trial court with lim…

78A-5a-103. Concurrent jurisdiction of the Business and Chancery Court -- Exceptions. (1) The Business and Chancery Court has jurisdiction, concurrent with the district court, over an action: (a) seeking monetary damages of at least $300,000 or seeking solely equitable relief; an…

78A-5a-104. Trier of fact and law -- Demand for jury trial. (1) The Business and Chancery Court is the trier of fact and law in an action before the Business and Chancery Court. (2) Notwithstanding Section 78A-5a-103, the Business and Chancery Court shall transfer an action, or a…

78A-5a-105. Venue for the Business and Chancery Court. (1) Title 78B, Chapter 3a, Venue for Civil Actions, does not apply to an action brought in the Business and Chancery Court. (2) Any requirement in the Utah Code to file or bring an action in a specific district or county does…

78A-5a-201. Judges of the Business and Chancery Court -- Terms. (1) A judge of the Business and Chancery Court is appointed to initially serve until the first general election held more than three years after the day on which the appointment is effective. (2) After the initial te…

78A-5a-202. Presiding judge - Associate presiding judge -- Compensation -- Powers -- Duties. (1)(a) The judges of the Business and Chancery Court shall elect a presiding judge from among the members of the court by majority vote of all judges. (b) The presiding judge shall receiv…

78A-5a-203. Administrative system -- Case management -- Clerk of the court -- Employees. (1)(a) There is established the State Business and Chancery Court Administrative System. (b) The Judicial Council shall administer the operation of the State Business and Chancery Court Admin…

78A-5a-204. Location of the Business and Chancery Court -- Court facilities -- Costs. (1) The Business and Chancery Court may perform any of the Business and Chancery Court's functions in any location within the state. (2) The Judicial Council shall provide, from appropriations m…

78A-5a-205. Court sessions. The Business and Chancery Court shall hold court at least once in each quarter of the year.

78A-5a-301. Publication of decisions and orders. The Business and Chancery Court shall publish on the website for the Utah state courts any final decision or order issued by the Business and Chancery Court that the Business and Chancery Court determines would be valuable preceden…

78A-5a-302. Tentative ruling before oral argument. Within 48 hours before the day on which oral argument is held, the Business and Chancery Court: (1) shall provide the parties with a proposed ruling on each dispositive motion; and (2) may provide a proposed ruling on any other t…

78A-5b-101. Definitions for chapter. As used in this chapter: (1) "Judicial Council" means the same as that term is defined in Section 78A-2-103. (2)(a) "State entity" means the state or any agency, department, board, or commission of the state. (b) "State entity" includes the Le…