78B-25-104. Stay.

356 words·~2 min read·/ut/title-78b/chapter-25/78b-25-104

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

Effective 5/3/2023

78B-25-104. Stay.

(1)Except as provided in Subsections

(4)through

(7), on the filing of a motion under Section 78B-25-103 :

(a)all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and

(b)on motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under Section 78B-25-103 .

(2)A stay under Subsection

(1)remains in effect until the day on which an order ruling on the motion under Section 78B-25-103 is entered and expiration of the time under Utah Rules of Appellate Procedure, Rule 4, for the moving party to appeal the order.

(a)Except as provided in Subsections

(5)through

(7), if a party appeals from an order ruling on a motion under Section 78B-25-103 , all proceedings between all parties in the action are stayed.

(b)A stay under Subsection (3)(a) remains in effect until the day on which the appeal concludes.

(4)During a stay under Subsection

(1), the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under Subsection 78B-25-107(1) and the information is not reasonably available unless discovery is allowed.

(5)A motion under Section 78B-25-110 for costs, attorney fees, and expenses is not subject to a stay under this section.

(6)A stay under this section does not affect a party's ability to voluntarily dismiss a cause of action or part of a cause of action or move to sever a cause of action.

(7)During a stay under this section, the court for good cause may hear and rule on:

(a)a motion unrelated to the motion under Section 78B-25-103 ; and

(b)a motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.

Enacted by Chapter 488 , 2023 General Session