In 2023, in the American state of

Utah Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...

, the

Utah Legislature The Utah State Legislature is the state legislature of the U.S. state of Utah. It is a bicameral body, comprising the Utah House of Representatives, with 75 state representatives, and the Utah Senate, with 29 state senators. There are no term l ...

(Senate and House of Representatives), unanimously passed statutory amendments creating a statewide business court, the Utah Business and Chancery Court, and Utah's governor signed it into law. The Business and Chancery Court is to become operational in 2024.

History of the Business and Chancery Court

Utah House Bill 216 creating the Business and Chancery Court was chiefly sponsored by Representative Brady Brammer. The final version of the bill was unanimously passed by the

Utah Senate The Utah State Senate is the upper house of the Utah State Legislature, the state legislature of the U.S. state of Utah. The Utah Senate is composed of 29 elected members representing an equal number of senate districts. Each senate district is c ...

and House of Representatives, and was signed into law by the

governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

on March 20, 2023. The new court will not become operational until October 1, 2024. The Business and Chancery Court's creation was supported by the Utah State Bar. Utah Code § 78A-1-101, addressing courts of record in the state, added the Business and Chancery Court as one of Utah's courts of justice and courts of record, effective July 1, 2024.

Nature and design of the Business and Chancery Court

The Business and Chancery Court is a specialized business court with limited, statewide,

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...

, concurrent with Utah's district courts per Utah Code § 78A-5a-102. The statute setting out its jurisdiction, Utah Code § 78A-5a-103, lists certain case types of a business or commercial nature that fall within the court's jurisdiction, as well as case types that fall outside of its jurisdiction. In addition, to come within the Business and Chancery Court's jurisdiction, cases must have a minimum amount in controversy of $300,000 or seek equitable relief.

Jury trials A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significant ...

are not permitted in the Business and Chancery Court. The law creating the Business and Chancery Court provides for distinct judges and court administrators, with a physical location in

Salt Lake City Salt Lake City (often shortened to Salt Lake and abbreviated as SLC) is the Capital (political), capital and List of cities and towns in Utah, most populous city of Utah, United States. It is the county seat, seat of Salt Lake County, Utah, Sal ...

, Utah, but it can carry out its functions in any part of the state. The Business and Chancery Court judges are required to publish all final decisions and orders, and to make them publicly available on a website.

Developments in establishing the Business and Chancery Court

Utah's Supreme Court established an Advisory Committee on the Rules of Business and Chancery Procedure, to develop rules of procedure for the Business and Chancery Court. A proposed set of Utah Rules of Business and Chancery Court Procedure was publicly posted on April 25, 2024, with a public comment period ending on June 9, 2024. On June 28, 2024, the governor's office announced the nominees for a judicial position on the Business and Chancery Court.

References

{{Reflist Utah state courts