Bill > SB0203

This bill establishes new legal standards for judicial standing in civil actions in Utah, defining key terms and setting strict requirements for plaintiffs to bring private rights of action. The bill introduces definitions for terms like "defendant," "plaintiff," and "third party," and establishes a "traditional standing requirement" that mandates plaintiffs demonstrate a personal injury, causation, and potential for redress. For cases involving constitutional rights of third parties, plaintiffs must meet additional criteria, including showing a substantial relationship with the third party, proving the third party cannot bring the action themselves, and demonstrating that the third party's rights would be weakened without the action. The bill also provides specific guidelines for associations bringing actions on behalf of members, requiring consent and establishing that the member's participation is not necessary to resolve the case. Importantly, the legislation maintains that a court must dismiss a private right of action if the plaintiff cannot demonstrate meeting these requirements, with an exception for actions specifically authorized by statute. The bill will take effect on May 7, 2025, and includes a section about spousal legal actions that allows a spouse to sue or defend on behalf of a deserting spouse.

Justice

https://le.utah.gov/~2025/bills/static/SB0203.html