Utah Code 78A-5a-104. Trier of fact and law — Demand for jury trial
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(1) The Business and Chancery Court is the trier of fact and law in an action before the Business and Chancery Court.
Terms Used In Utah Code 78A-5a-104
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Notwithstanding Section 78A-5a-103 , the Business and Chancery Court shall transfer an action, or any claim in an action, to the district court if:
(2)(a) a party to the action demands a trial by jury in accordance with the Utah Rules of Business and Chancery Procedure; and
(2)(b) the Business and Chancery Court finds the party that made the demand has the right to a trial by jury on a claim in the action.
(3) Before the Business and Chancery Court transfers an action or a claim under Subsection (2), the Business and Chancery Court may:
(3)(a) bifurcate the action and resolve all claims in which the party does not have a right to a trial by jury; and
(3)(b) administrate and adjudicate the action or claim being transferred prior to a trial by jury, including any pleading, provisional remedy, discovery, or motion.