action. (1) The Constitutional Court has exclusive jurisdiction over: (a) a civil action filed on or after the effective date of this chapter if the civil action: (i) is challenging the constitutionality of a state statute or legislation, a provision of the Utah Constitution, an action or inaction of the Legislature, an executive order, an administrative rule, or an inaction by the executive branch; (ii) is seeking a declaratory judgment or injunctive relief; and (iii) is brought against a state entity or a state official in the state official's capacity; (b) a civil action filed before the effective date of this chapter if: (i) the civil action is challenging the constitutionality of a state statute or legislation, a provision of the Utah Constitution, an action or inaction of the Legislature, an executive order, an administrative rule, or an inaction by the executive branch; (ii) the civil action is seeking a declaratory judgment or injunctive relief; (iii) the civil action is brought in the district court against a state entity or a state official in the state official's capacity; and (iv) a party files a notice of removal within 45 days after the effective date of this chapter. (2) If a party files a notice of removal under Subsection (1)(b), the Constitutional Court shall adjudicate any challenge as to whether the notice of removal complied with the requirements of Subsection (1)(b). (3) A court shall transfer an action to the Constitutional Court if: (a) a party brings the civil action for which the Constitutional Court has exclusive jurisdiction under Subsection (1)(a) in the court; or (b) a party files a notice of removal under Subsection (1)(b). (4) A party to a civil action in the Constitutional Court may not seek to transfer the action to another trial court of this state, unless the Constitutional Court lacks jurisdiction over the action.
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