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Utah has developed a well-earned reputation, across the U.S. and the globe, as one of the most business-friendly jurisdictions in the country. In 2025, <a href="https://www.law360.com/companies/u-s-news-world-report-lp">U.S. News &amp; World Report</a> ranked Utah as "the best state in America" for the third consecutive year, in large part because of its "diverse and resilient economy." In the past year, Utah has also been tagged as the second-most-friendly state for small businesses and the cheapest state in which to start a business, and has received the third-highest rank for overall business and trade.[1]

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The creation of a court specific to business disputes, in the model of the <a href="https://www.law360.com/agencies/delaware-court-of-chancery">Delaware Court of Chancery</a>, was a long-stated ambition of many state legislators as a means of further bolstering Utah's business-friendly environment. But after myriad fits and starts, the <a href="https://www.law360.com/agencies/utah-legislature">Utah Legislature</a> finally passed legislation creating the Utah Business and Chancery Court, or the UBCC, during the 2023 general session. Gov. Spencer Cox signed the bill into law on March 20, 2023.

The UBCC officially opened for business on Oct. 1, 2024, with a single jurist — Judge Rita Cornish, who had previously served as a state district court judge in Utah's Second Judicial District.

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As the official website of the Utah state courts explains, the UBCC is a

specialized court [that] serves to streamline legal processes for commercial matters, providing a dedicated forum for resolving intricate issues such as corporate governance, contract disputes, and other business-related litigation. By focusing on these areas, the court enhances the predictability and effectiveness of legal resolutions, ultimately fostering a more robust business environment in Utah.[2]

The UBCC is a court of limited jurisdiction that operates in parallel with state district courts. As a threshold matter, cases filed in the UBCC must either involve damages claims that exceed $300,000 or seek purely injunctive relief.[3] Moreover, the case must include at least one claim arising from, among other things, a breach of contract, breach of fiduciary duty, the sale or dissolution of a business, misappropriation of trade secrets, and the purchase or sale of securities.[4]

The UBCC has concurrent jurisdiction with the district court in all cases; simply put, there is no case or claim over which the UBCC has exclusive jurisdiction.

Another significant limitation on the UBCC's jurisdiction is the prohibition on jury trials. If any party demands a trial by jury, and the UBCC&nbsp;concludes that such a right exists — that is, for example, if a jury trial has not been waived, either by contract or otherwise — it must transfer any claim that is to be tried to a jury before trial.

However, if there are both jury and nonjury claims, the UBCC may retain jurisdiction over the entire case, including the jury claims, up until the claims are to be tried. This was an amendment to the statute implemented after the UBCC began operating, and designed to improve efficiency and consistency, as well as to avoid claim splitting, at least as long as possible.

The rules of procedure that govern the UBCC largely mimic Utah's more general Rules of Civil Procedure, which in turn are modeled on the Federal Rules of Civil Procedure. There are, however, certain important differences, some created by statute and others by rule, that were designed to make the UBCC more attractive to parties litigating complex business disputes.

As noted above, there are no juries in the UBCC, so the Chancery Court judge is the trier of fact in all cases.

By statute, the Chancery Court judge must "provide the parties with a proposed ruling on each motion within 48 hours before the day on which oral argument is held on the motion."[5]&nbsp;Tentative rulings are at best a rarity in Utah district courts&nbsp;and are widely lauded by attorneys, particularly in their ability to help focus preparation for oral arguments.

The UBCC must — again by statute — publish all of its final decisions and orders, and make those decisions and orders public on the Utah courts' website.[6]&nbsp;This is part and parcel of the Legislature's express goal of establishing the UBCC as a court with greater consistency and predictability in commercial matters. As then-Rep. Brady Brammer, an attorney and the bill's sponsor in the Utah House of Representatives,&nbsp;explained, "[w]hen you publish orders, you gain consistency in predictability with how courts will handle things … [so] our businesses will be better able to … analyze risk."[7]

Under the Utah Rules of Civil Procedure, parties must choose whether to receive a written report from retained experts or to depose them.[8]&nbsp;In most cases, parties elect to receive reports&nbsp;and thus must forgo the opportunity to depose experts. Under the UBCC Rules, however, parties may both demand a report and depose experts, although the deposition cannot exceed six hours for retained experts&nbsp;and the deposing party "must pay the expert's reasonable hourly fee for attendance at the deposition."[9]

Initial interest in the UBCC was muted. According to a search of Utah's online court filing database, a total of 11 cases were filed in the UBCC between Oct. 1, 2024, and Dec. 31, 2024. Nine of those first 11 cases reached a point of disposition by the end of 2025 — meaning that 82% of cases filed in the UBCC in its first year were resolved in 14 months or less.

But throughout 2025, a total of 93 cases were filed in the UBCC, 24 of which (26%) had been resolved by the end of the year. Thus, there is a clear upward trend in cases being filed in the UBCC, and those cases seem to be reaching a conclusion fairly quickly, particularly considering that cases filed in the UBCC are inherently complex and often involve multiple parties and significant amounts in controversy.

The UBCC published 32 rulings and orders in 2025, all of which are publicly accessible.[10] However, a review of each of those rulings and orders reveals only a handful that address any substantive legal arguments. The vast majority are orders granting motions to transfer the case from the UBCC to the district court, or ministerial orders granting stipulated motions to dismiss the case, presumably resulting from an amicable resolution.

Thus, to date, there has not been a robust body of law that has developed to guide potential litigants. Nevertheless, there seems to be steadily growing interest in filing cases in the UBCC, and more cases will inevitably lead to a wider body of opinions that counsel and their clients can use to guide their business and litigation strategies.

Whether the UBCC will achieve its goal of making Utah an even more appealing destination or launching point for businesses is still unclear, but its existence is just one more indicator of Utah's desire to be top of mind for businesses across the country and the world.

<a href="https://www.law360.com/firms/michael-best-friedrich-llp/articles?article_related_content=1">Visit&nbsp;<em>Law360</em></a>&nbsp;to view this article and other articles about Michael Best.

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[1] <a href="https://business.utah.gov/accolades/.">https://business.utah.gov/accolades/.</a>

[2] <a href="https://www.utcourts.gov/en/about/courts/bcc.html.">https://www.utcourts.gov/en/about/courts/bcc.html.</a>

[3]&nbsp;Utah Code Ann. § 78A-5a-103(1)(a).

[7] <a href="https://www.utahbusiness.com/industry/2023/05/03/utah-businesses-get-their-own-court/.">https://www.utahbusiness.com/industry/2023/05/03/utah-businesses-get-their-own-court/.</a>

[9]&nbsp;Utah Rule of Business and Chancery Court Procedure 26(a)(3)(D).

[10] <a href="https://legacy.utcourts.gov/opinions/bc/.">https://legacy.utcourts.gov/opinions/bc/.</a>

Close-up of a wooden judge’s gavel resting on a sounding block in a courtroom setting.

Close-up of a wooden judge’s gavel resting on a sounding block.

Strassberg authors Law360 article, “The Biz Court Digest: Dispatches From Utah’s Newest Court”

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