78B-3a - Venue for Civil Actions

Title 78B > 78B-3a

Sections (10)

General Provisions

78B-3a-101 - Definitions.

As used in this chapter: 78B-3a-101(1) “Action” means a lawsuit or case that is commenced in a court. “Action” does not include a criminal action as defined in Section 77-1-3. 78B-3a-101(2) “Business organization” means:

an association; a corporation; an institution, as that term is defined in Section 7-1-103; a joint stock company; a joint venture; a limited liability company; a mutual fund trust; a partnership; or any other similar form of organization described in Subsections (2)(a) through (h). 78B-3a-101(3) “Cause of action” means the act or omission giving rise to the action. 78B-3a-101(4) “Principal place of business” means the place where the business organization’s officers direct, control, and coordinate the business organization’s activities regardless of whether the place is located in this state. 78B-3a-101(5) “Registered office” means the place within this state that the business organization designated as the business organization’s registered office in the most recent document on file with the Division of Corporations and Commercial Code.

78B-3a-102 - Applicability of this chapter — Venue for the Business and Chancery Court.

78B-3a-102(1) Except as otherwise provided by another provision of the Utah Code, a plaintiff shall bring an action in accordance with the requirements of this chapter. 78B-3a-102(2) The requirements of this chapter do not apply to an action brought in the Business and Chancery Court.

78B-3a-103 - Transfer of venue.

78B-3a-103(1) A court may transfer venue in accordance with Rule 42 of the Utah Rules of Civil Procedure. 78B-3a-103(2) A court to which an action is transferred has the same jurisdiction as if the action had been originally brought in that court.

78B-3a-104 - Residence of a business organization.

For purposes of this chapter, the residence of a business organization is: 78B-3a-104(1) the county where the business organization’s principal place of business is located; 78B-3a-104(2) the county where the business organization’s registered office is located if the business organization does not have a principal place of business in the state; or 78B-3a-104(3) Salt Lake County if the business organization does not have a principal place of business or a registered office in the state.

Venue Requirements

78B-3a-201 - All actions — Exceptions.

78B-3a-201(1) Except as otherwise provided by this chapter or another provision of the Utah Code, a plaintiff shall bring an action in the county in which:

the cause of action arises; or any defendant resides at the commencement of the action. 78B-3a-201(2) If none of the defendants reside in this state, the plaintiff may bring the action in any county designated by the plaintiff in the complaint. 78B-3a-201(3) If the defendant is about to depart from the state, the plaintiff may bring the action in any county where any of the parties resides or service is had.

78B-3a-202 - Actions involving real property.

78B-3a-202(1) A plaintiff shall bring the following actions involving real property in the county in which the real property, or some part of the real property, is situated:

for the recovery of real property or of an estate or interest in the property; for the determination, in any form, of the right or interest in the real property; for injuries to real property; for the partition of real property; and for the foreclosure of all liens and mortgages on real property. 78B-3a-202(2) If the real property is situated in more than one county, the plaintiff may bring the action in any county in which the real property is situated.

78B-3a-203 - Actions to recover fines or penalties — Actions against public officers.

78B-3a-203(1) A plaintiff shall bring an action to recover a fine or penalty in the county where:

the cause of action arises; or some part of the cause of action arises. 78B-3a-203(2) If a fine, penalty, or forfeiture imposed by statute is imposed for an offense committed on a lake, river, or other stream of water situated in two or more counties, the plaintiff may bring the action in any county bordering on the lake, river, or stream opposite to the place where the offense was committed. 78B-3a-203(3) Except as otherwise provided by law, a plaintiff shall bring an action against a public officer, or the public officer’s designee, in the county where the cause of action arises.

78B-3a-204 - Actions against a county.

78B-3a-204(1) Except as otherwise provided in Subsection (2), a plaintiff shall bring an action against a county in the county. 78B-3a-204(2) If the action is brought by another county, the county may bring the action in any county not a party to the action.

78B-3a-205 - Actions on written contracts.

A plaintiff shall bring an action on a contract signed in this state to perform an obligation in: 78B-3a-205(1) if the action is to enforce an interest in real property securing a consumer’s obligation, the county where the real property is located or where the defendant resides; or 78B-3a-205(2) if the action is to enforce an interest other than under Subsection (1), the county where the obligation is to be performed, the contract was signed, or in which the defendant resides.

78B-3a-206 - Transitory actions.

78B-3a-206(1) Except for a transitory action under Subsection (2), a plaintiff shall bring a transitory action arising outside the state in the county where the defendant resides if the action is brought in this state. 78B-3a-206(2) A plaintiff shall bring a transitory action arising outside the state in favor of residents of this state in the county where:

the plaintiff resides; or the principal defendant resides.