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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-13-1 Actions respecting real property.
Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial as provided in this code:
(1) for the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property;
(2) for the partition of real property;
(3) for the foreclosure of all liens and mortgages on real property.
Where the real property is situated partly in one county
and partly in another, the plaintiff may select either of
the counties, and the county so selected is the proper county
for the trial of such action.
1953
78-13-2 Actions to recover fines or penalties - Against public officers.
Actions for the following causes shall be tried in the county where the cause, or some part thereof, arose, subject to the like power of the court to change the place of trial:
(1) For the recovery of a fine, penalty or forfeiture imposed by statute, except that, when it is imposed for an offense committed on a lake, river or other stream of water situated in two or more counties, the action may be brought in any county, bordering on such lake, river or stream opposite to the place where the offense was committed.
(2) Except as otherwise specifically provided, against
a public officer, or person especially appointed to execute
his duties, for an act done by him in virtue of his office,
or against a person who by his command or in his aid does
anything touching the duties of such officer.
1953
78-13-3 Actions against a county.
An action against a county may be commenced and tried
in such county, unless such action is brought by a county,
in which case it may be commenced and tried in any county
not a party thereto.
1953
78-13-4 Actions on written contracts.
When the defendant has signed a contract in the state to perform an obligation, an action on the contract may be commenced and tried in the following venues:
(1) If the action is to enforce an interest in real property securing a consumer's obligation, the action may be brought only in the county where the real property is located or where the defendant resides.
(2) An action to enforce an interest other than under
Subsection (1) may be brought in the county where such obligation
is to be performed, the contract was signed, or in which
the defendant resides.
2002
78-13-5 Transitory actions - Residence of corporations.
All transitory causes of action arising without this state,
except those mentioned in Section
78-13-6
, shall, if action is brought thereon in this
state, be brought and tried in the county where any defendant
in such action resides; and if any such defendant is a corporation,
the county in which such corporation has an office or place
of business shall be deemed the county in which such corporation
resides, within the meaning of this section.
1995
78-13-6 Arising without this state in favor of resident.
All transitory causes of action arising without this state
in favor of residents of this state shall, if action is brought
thereon in this state, be brought and tried in the county
where the plaintiff resides, or in the county where the principal
defendant resides, or if the principal defendant is a corporation,
then in the county where the plaintiff resides or in the
county where such corporation has an office or place of business,
subject, however, to a change of venue as provided by law.
1953
78-13-7 All other actions.
In all other cases the action must be tried in the county
in which the cause of action arises, or in the county in
which any defendant resides at the commencement of the action;
provided, that if any such defendant is a corporation, any
county in which such corporation has its principal office
or place of business shall be deemed the county in which
such corporation resides within the meaning of this section.
If none of the defendants resides in this state, such action
may be commenced and tried in any county which the plaintiff
may designate in his complaint; and if the defendant is about
to depart from the state, such action may be tried in any
county where any of the parties resides or service is had,
subject, however, to the power of the court to change the
place of trial as provided by law.
1953
78-13-8 Change of venue - Conditions precedent.
If the county in which the action is commenced is not
the proper county for the trial thereof, the action may nevertheless
be tried therein, unless the defendant at the time he answers
or otherwise appears files a motion, in writing, that the
trial be had in the proper county.
1953
78-13-9 Grounds.
The court may, on motion, change the place of trial in the following cases:
(1) when the county designated in the complaint is not the proper county;
(2) when there is reason to believe that an impartial trial cannot be had in the county, city, or precinct designated in the complaint;
(3) when the convenience of witnesses and the ends of justice would be promoted by the change;
(4) when all the parties to an action, by stipulation
or by consent in open court entered in the minutes, agree
that the place of trial may be changed to another county.
Thereupon the court must order the change as agreed upon.
1953
78-13-10 Court to which transfer is to be made.
If any action or proceeding is commenced or is pending
in a court and the court orders the place of trial to be
changed, it must be transferred for trial to a court the
parties may agree upon by stipulation in writing or made
in open court and entered in the minutes, or if they do not
so agree, then to the nearest court where like objection
or cause for making the order does not exist.
1953
78-13-11 Duty of clerk - Fees and costs - Effect on jurisdiction.
When an order is made transferring an action or proceeding
for trial, the court must transmit the pleadings and papers
therein to the court to which it is transferred. The costs
and fees therefor and filing the papers anew must be paid
by the party at whose instance the order was made; provided,
that when such order is made for the reason that the cause
was commenced in the wrong county, the costs of transfer
and filing the papers anew shall be paid by the plaintiff
in the action within ten days after the making of such order,
or said cause shall be dismissed for want of jurisdiction.
The court to which an action or proceeding is transferred
shall have and exercise the same jurisdiction as if it had
been originally commenced therein.
1953
