§ 78B-5-1002 — Right to an appeal of an injunctive order.

Utah § 78B-5-1002

• Jurisdiction: Utah
• Title 78B: Judicial Code
• Ch. 78B-5: Trial, Judgment, and Appeal
• Part 78B-5-10: Appeals

Text

(1) As used in this section:
(1)(a) "Defendant" means a defendant in the civil action or a party affected by the injunctive order.
(1)(b) "Governmental entity" means the state, a county, a municipality, a special district, a special service district, a school district, a state institution of higher education, or any other political subdivision or administrative unit of the state.
(1)(c) "Injunctive order" means a temporary restraining order, a preliminary injunction, a permanent injunction, or any order or judgment that restrains or enjoins the execution or enforcement of a state law or any part of a state law.
(1)(d) "Plaintiff" means the party seeking the injunctive order.
(1)(e) "State law" means a state statute, a provision of the Utah Constitution, or any action of the Legislature.
(2) A defendant has a right in a civil action to appeal a decision by a trial court of this state to grant, continue, modify, or refuse to modify an injunctive order if the underlying claim for the injunctive order is that the state law, or any part of the state law, is unconstitutional on its face.
(3) Upon an appeal described in Subsection (2), the Supreme Court shall determine whether:
(3)(a) the decision of the trial court is correct; and
(3)(b) there is a substantial likelihood that the plaintiff will prevail on the merits of the claim that the state law, or any part of the state law, is unconstitutional on its face.
(4) If a governmental entity brings an appeal under Subsection (2), the governmental entity is not required to post a bond for the appeal.
(5) This section applies to an action pending in a court of this state on and after May 7, 2025.

Legislative History

Enacted by Chapter 456, 2025 General Session