Current through the 2024 Fourth Special Session
Section 78A-5-102 - Jurisdiction of the district court - Appeals(1) Except as otherwise provided by the Utah Constitution or by statute, the district court has original jurisdiction in all matters civil and criminal.(2) A district court judge may: (a) issue all extraordinary writs and other writs necessary to carry into effect the district court judge's orders, judgments, and decrees; and(b) preside over an action for which the Business and Chancery Court has jurisdiction if:(i) the district court judge is designated by the presiding officer of the Judicial Council to preside over an action in the Business and Chancery Court as described in Section 78A-1-103.5; and(ii) a Business and Chancery Court judge is unable to preside over the action due to recusal or disqualification.(3) The district court has jurisdiction: (a) over matters of lawyer discipline consistent with the rules of the Supreme Court;(b) over all matters properly filed in the circuit court prior to July 1, 1996;(c) to enforce foreign protective orders as described in Subsection 78B-7-303(8);(d) to enjoin a violation of Title 58, Chapter 37, Utah Controlled Substances Act;(e) over a petition seeking to terminate parental rights as described in Section 78B-6-112;(f) except as provided in Subsection 78A-6-103(2)(a)(xiv), an adoption proceeding; and(g) to issue a declaratory judgment as described in Title 78B, Chapter 6, Part 4, Declaratory Judgments.(4) The district court has appellate jurisdiction over judgments and orders of the justice court as outlined in Section 78A-7-118 and small claims appeals filed in accordance with Section 78A-8-106.(5) The district court has jurisdiction to review:(a) a municipal administrative proceeding as described in Section 10-3-703.7;(b) a decision resulting from a formal adjudicative proceeding by the State Tax Commission as described in Section 59-1-601;(c) except as provided in Section 63G-4-402, a final agency action resulting from an informal adjudicative proceeding as described in Title 63G, Chapter 4, Administrative Procedures Act; and(d) by trial de novo, a final order of the Department of Transportation resulting from formal and informal adjudicative proceedings under Title 72, Chapter 7, Part 2, Junkyard Control Act.(6) The district court has original and exclusive jurisdiction over an action brought under Title 63G, Chapter 7, Governmental Immunity Act of Utah.(7) Notwithstanding Section 78A-7-106, the district court has original jurisdiction over a class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an ordinance for which a justice court has original jurisdiction under Section 78A-7-106 if: (a) there is no justice court with territorial jurisdiction;(b) the offense occurred within the boundaries of the municipality in which the district courthouse is located and that municipality has not formed, or has formed and dissolved, a justice court; or(c) the offense is included in an indictment or information covering a single criminal episode alleging the commission of a felony or a class A misdemeanor by an individual who is 18 years old or older.(8) If a district court has jurisdiction in accordance with Subsection (4), (7)(a), or (7)(b), the district court has jurisdiction over an offense listed in Subsection 78A-7-106(2) even if the offense is committed by an individual who is 16 or 17 years old.(9) The district court has subject matter jurisdiction over an action under Title 78B, Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the district court.(10)(a) The district court has subject matter jurisdiction over a criminal action that the justice court transfers to the district court.(b) Notwithstanding Subsection 78A-7-106(1), the district court has original jurisdiction over any refiled case of a criminal action transferred to the district court if the district court dismissed the transferred case without prejudice.(11) The Supreme Court and Court of Appeals have jurisdiction over an appeal from a final order, judgment, and decree of the district court as described in Sections 78A-3-102 and 78A-4-103.Amended by Chapter 158, 2024 General Session ,§ 127, eff. 7/1/2024.Amended by Chapter 199, 2024 General Session ,§ 2, eff. 5/1/2024.Amended by Chapter 318, 2022 General Session ,§ 2, eff. 7/1/2022.Amended by Chapter 155, 2022 General Session ,§ 4, eff. 5/4/2022.Amended by Chapter 262, 2021 General Session ,§ 98, eff. 9/1/2021.Amended by Chapter 214, 2020 General Session ,§ 37, eff. 5/12/2020.Amended by Chapter 34, 2010 General Session.