78B-6-1404 - Procedures. - Utah Statutes

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Statutes > Utah > Title-78b > Chapter-06 > 78b-6-1404

78B-6-1404. Procedures.
(1) On the filing of a motion for judgment on the pleadings:
(a) all discovery shall be stayed pending resolution of the motion unless the court ordersotherwise;
(b) the trial court shall hear and determine the motion as expeditiously as possible withthe moving party providing by clear and convincing evidence that the primary reason for thefiling of the complaint was to interfere with the first amendment right of the defendant; and
(c) the moving party shall have a right to seek interlocutory appeal from a trial courtorder denying the motion or from a trial court failure to rule on the motion in expedited fashion.
(2) The court shall grant the motion and dismiss the action upon a finding that theprimary purpose of the action is to prevent, interfere with, or chill the moving party's properparticipation in the process of government.
(3) Any government body to which the moving party's acts were directed or the attorneygeneral may intervene to defend or otherwise support the moving party.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-06 > 78b-6-1404

78B-6-1404. Procedures.
(1) On the filing of a motion for judgment on the pleadings:
(a) all discovery shall be stayed pending resolution of the motion unless the court ordersotherwise;
(b) the trial court shall hear and determine the motion as expeditiously as possible withthe moving party providing by clear and convincing evidence that the primary reason for thefiling of the complaint was to interfere with the first amendment right of the defendant; and
(c) the moving party shall have a right to seek interlocutory appeal from a trial courtorder denying the motion or from a trial court failure to rule on the motion in expedited fashion.
(2) The court shall grant the motion and dismiss the action upon a finding that theprimary purpose of the action is to prevent, interfere with, or chill the moving party's properparticipation in the process of government.
(3) Any government body to which the moving party's acts were directed or the attorneygeneral may intervene to defend or otherwise support the moving party.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-06 > 78b-6-1404

78B-6-1404. Procedures.
(1) On the filing of a motion for judgment on the pleadings:
(a) all discovery shall be stayed pending resolution of the motion unless the court ordersotherwise;
(b) the trial court shall hear and determine the motion as expeditiously as possible withthe moving party providing by clear and convincing evidence that the primary reason for thefiling of the complaint was to interfere with the first amendment right of the defendant; and
(c) the moving party shall have a right to seek interlocutory appeal from a trial courtorder denying the motion or from a trial court failure to rule on the motion in expedited fashion.
(2) The court shall grant the motion and dismiss the action upon a finding that theprimary purpose of the action is to prevent, interfere with, or chill the moving party's properparticipation in the process of government.
(3) Any government body to which the moving party's acts were directed or the attorneygeneral may intervene to defend or otherwise support the moving party.

Renumbered and Amended by Chapter 3, 2008 General Session