75-1-303. Venue -- Multiple proceedings -- Transfer -- Orders and hearings.

285 words·~1 min read·/ut/title-75/chapter-1/75-1-303

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)Where a proceeding under this title could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.

(a)If proceedings concerning the same estate, protected person, ward, or trust are commenced in more than one court of this state:

(i)the court in which the proceeding was first commenced shall continue to hear the matter; and

(ii)the other court shall hold the matter in abeyance until the question of venue is decided.

(b)If the ruling court determines that venue is properly in another court, the ruling court shall transfer the proceeding to the other court.

(3)If a court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court.

(a)The court in which any proceeding under this title is pending may make any order relating to the proceeding in chambers at any place in the court's district, and the order shall have the same force and effect as if made by the court sitting in the proper county.

(b)The hearing of any matter requiring notice shall be had at the time and place appointed or at the time to which the same may be postponed, except that where there is no contest or where all the parties consent, the hearing may be had at any place within the judicial district in which the matter is pending.

Amended by Chapter 310 , 2025 General Session