The court may not, over the objection of a party, entertain proceedings under Section 75-7-201 involving a trust which:
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Terms Used In Utah Code 75-7-204
Continuance: Putting off of a hearing ot trial until a later time.
Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
Fiduciary: A trustee, executor, or administrator.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
is under the continuing supervision of a foreign court;
(b)
is registered in another state; or
(c)
has a fiduciary which transacts a major portion of its trust administration in another state.
(2)
Notwithstanding Subsection (1), the court may entertain a proceeding regarding any matter involving a trust if:
(a)
all appropriate parties could not be bound by litigation in the courts of the other state; or
(b)
the interests of justice would be seriously impaired.
(3)
The court may condition a stay or dismissal of a proceeding on the consent of any party to the jurisdiction of the courts of another state, or the court may grant a continuance or enter any other appropriate order.
Amended by Chapter 3, 2003 Special Session 2 Amended by Chapter 3, 2003 Special Session 2
