78B-5-1002. Right to an appeal of an injunctive order.

373 words·~2 min read·/ut/title-78b/chapter-5/78b-5-1002

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

Effective 3/13/2026

(1)As used in this section:

(a)"Defendant" means a defendant in the civil action or a party affected by the injunctive order.

(b)"Governmental entity" means the state, a county, a municipality, a special district, a special service district, a school district, a state institution of higher education, or any other political subdivision or administrative unit of the state.

(c)"Injunctive order" means a temporary restraining order, a preliminary injunction, or any order that restrains or enjoins the execution or enforcement of a state law or any part of a state law before entry of a judgment.

(d)"Plaintiff" means the party seeking the injunctive order.

(e)"State law" means a state statute, a provision of the Utah Constitution, or any action of the Legislature.

(2)A defendant has a right in a civil action to appeal a decision by a trial court of this state to grant, continue, modify, or refuse to modify an injunctive order if the underlying claim for the injunctive order is that the state law, or any part of the state law, is unconstitutional on its face.

(3)Upon an appeal described in Subsection

(2), the Supreme Court shall determine whether:

(a)the decision of the trial court is correct; and

(b)there is a substantial likelihood that the plaintiff will prevail on the merits of the claim that the state law, or any part of the state law, is unconstitutional on its face.

(4)A defendant who does not exercise the defendant's right to appeal under this section is not precluded from seeking an appeal of the decision upon entry of a judgment or under any other law for which the defendant may appeal the decision.

(5)If a governmental entity brings an appeal under Subsection

(2), the governmental entity is not required to post a bond for the appeal.

(6)The requirements for an appeal of right under the Utah Rules of Appellate Procedure apply to the filing of an appeal under this section.

(7)This section applies to an action pending in a court of this state on or after May 7, 2025.

Amended by Chapter 38 , 2026 General Session