78A-5a-104. Trier of fact and law -- Demand for jury trial.
187 words·~1 min read·
/ut/title-78a/chapter-5a/78a-5a-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 7/1/2024
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 any claim in an action, to the district court if:
(a)a party to the action demands a trial by jury in accordance with the Utah Rules of Business and Chancery Procedure; and
(b)the Business and Chancery Court finds the party that made the demand has the right to a trial by jury on a claim in the action.
(3)Before the Business and Chancery Court transfers an action or a claim under Subsection (2), the Business and Chancery Court may:
(a)bifurcate the action and resolve all claims in which the party does not have a right to a trial by jury; and
(b)administrate and adjudicate the action or claim being transferred prior to a trial by jury, including any pleading, provisional remedy, discovery, or motion.
Amended by Chapter 158 , 2024 General Session