Article VIII.
Judicial Department

Section 5. District Courts, How Constituted - Terms - Jurisdiction - Judge Pro Tempore

Select dates to read amendment and select a date from the dropdown to compare the changes.

Jurisdiction of District Court and Other Courts - Right of Appeal

The district court shall have original jurisdiction in all matters except as limited by this constitution or by statute, and power to issue all extraordinary writs. The district court shall have appellate jurisdiction as provided by statute. The jurisdiction of all other courts, both original and appellate, shall be provided by statute. Except for matters filed originally with the supreme court, there shall be in all cases an appeal of right from the court of original jurisdiction to a court with appellate jurisdiction over the cause.

This item is based on 2 items:

1895 Article VIII. Section 5

Compare > See Item >

1895 Article VIII. Section 9

Compare > See Item >

District Courts, How Constituted - Terms - Jurisdiction - Judge Pro Tempore

The state shall be divided into seven judicial districts, for each of which, at least one judge shall be selected as hereinbefore provided. Until otherwise provided by law, a district court at the county seat of each county shall be held at least four times a year. All civil and criminal business arising in any county, must be tried in such county, unless a change of venue be taken, in such cases as may be provided by law. Each judge of a district court shall be at least twenty-five years of age, an active member of the bar in good standing, learned in the law, a resident of the state of Utah three years next preceding his selection, and shall reside in the district for which he shall be selected. Any district judge may hold a district court in any county at the request of the judge of the district, and, upon a request of the governor it shall be his duty to do so. Any cause in the district court may be tried by a judge pro tempore, who must be a member of the bar, sworn to try the cause, and agreed upon by the parties, or their attorneys of record.

District Courts, How Constituted - Terms - Jurisdiction - Judge Pro Tempore

The State shall be divided into seven judicial districts, for each of which, at least one, and not exceeding three Judges, shall be chosen by the qualified electors thereof. The term of office of the District Judges shall be four years. Except that the District Judges elected at the first election shall serve until the first Monday in January A. D. 1901, and until their successors shall have qualified. Until otherwise provided by law, a District Court at the county seat of each county shall be held at least four times a year. All civil and criminal business arising in any county, must be tried in such county, unless a change of venue be taken, in such cases as may be provided by law. Each Judge of a District Court shall be at least twenty-five years of age, a member of the bar, learned in the law, a resident of the Territory or State of Utah three years next preceding his election, and shall reside in the district for which he shall be elected. Any District Judge may hold a District Court in any county at the request of the Judge of the district, and upon a request of the Governor, it shall be his duty to do so. Any cause in the District Court may be tried by a Judge pro tempore, who must be a member of the bar, sworn to try the cause, and agreed upon by the parties, or their attorneys of record.

Id - Jurisdiction - Terms

The Supreme Court shall have original jurisdiction to issue writs of mandamus, certiorari, prohibition, quo warranto and habeas corpus. Each of the Justices shall have power to issue writs of habeas corpus, to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any District Court or Judge thereof in the State. In other cases the Supreme Court shall have appellate jurisdiction only, and power to issue writs necessary and proper for the exercise of that jurisdiction. The Supreme Court shall hold at least three terms every year, and shall sit at the capital of the State.

2 items are based on this item:

1985 Article VIII. Section 3

Compare > See Item >

1895 Article VIII. Section 5

Compare > See Item >

Redlined Comparison between 1895 and 1895 Amendment

Removed from 1895 Added to 1895

Reset