78A-5b-104. Jurisdiction of the Constitutional Court -- Judgment by panel -- District court action.

335 words·~2 min read·/ut/title-78a/chapter-5b/78a-5b-104

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

Effective 3/13/2026

(1)The Constitutional Court has exclusive jurisdiction over:

(a)a civil action filed on or after the effective date of this chapter if the civil action:

(i)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;

(ii)is seeking a declaratory judgment or injunctive relief; and

(iii)is brought against a state entity or a state official in the state official's capacity;

(b)a civil action filed before the effective date of this chapter if:

(i)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;

(ii)the civil action is seeking a declaratory judgment or injunctive relief;

(iii)the civil action is brought in the district court against a state entity or a state official in the state official's capacity; and

(iv)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 (1)(b) , the Constitutional Court shall adjudicate any challenge as to whether the notice of removal complied with the requirements of Subsection (1)(b) .

(3)A court shall transfer an action to the Constitutional Court if:

(a)a party brings the civil action for which the Constitutional Court has exclusive jurisdiction under Subsection (1)(a) in the court; or

(b)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.

Enacted by Chapter 38 , 2026 General Session