Utah Code 78A-5-102. Jurisdiction of the district court — Appeals
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(1) Except as otherwise provided by the Utah Constitution or by statute, the district court has original jurisdiction in all matters civil and criminal.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
class A misdemeanor | up to 364 days | up to $2,500 |
class B misdemeanor | up to 6 months | up to $1,000 |
class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 78A-5-102
- Adjudicative proceeding: means :(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Single criminal episode: means the same as that term is defined in Section 76-1-401. See Utah Code 78A-5-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) A district court judge may:(2)(a) issue all extraordinary writs and other writs necessary to carry into effect the district court judge’s orders, judgments, and decrees; and(2)(b) preside over an action for which the Business and Chancery Court has jurisdiction if:(2)(b)(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 Section78A-1-103.5 ; and(2)(b)(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:(3)(a) over matters of lawyer discipline consistent with the rules of the Supreme Court;(3)(b) over all matters properly filed in the circuit court prior to July 1, 1996;(3)(c) to enforce foreign protective orders as described in Subsection78B-7-303 (8);(3)(d) to enjoin a violation of Title 58, Chapter 37, Utah Controlled Substances Act;(3)(e) over a petition seeking to terminate parental rights as described in Section78B-6-112 ;(3)(f) except as provided in Subsection78A-6-103 (2)(a)(xiv), an adoption proceeding; and(3)(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 Section78A-7-118 and small claims appeals filed in accordance with Section78A-8-106 .(5) The district court has jurisdiction to review:(5)(a) a municipal administrative proceeding as described in Section10-3-703.7 ;(5)(b) a decision resulting from a formal adjudicative proceeding by the State Tax Commission as described in Section59-1-601 ;(5)(c) except as provided in Section63G-4-402 , a final agency action resulting from an informal adjudicative proceeding as described in Title 63G, Chapter 4, Administrative Procedures Act; and(5)(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 Section78A-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 Section78A-7-106 if:(7)(a) there is no justice court with territorial jurisdiction;(7)(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(7)(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 Subsection78A-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)(10)(a) The district court has subject matter jurisdiction over a criminal action that the justice court transfers to the district court.(10)(b) Notwithstanding Subsection78A-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 Sections78A-3-102 and78A-4-103 .