78B-3-311 - Duty of clerk -- Fees and costs -- Effect on jurisdiction.
78B-3-311. Duty of clerk -- Fees and costs -- Effect on jurisdiction.
(1) When an order is made transferring an action or proceeding for trial, the court shalltransmit all pleadings and papers regarding the transferred action to the court to which it istransferred.
(2) All costs and fees for the transfer and filing the papers anew shall be paid by the partyat whose instance the order was made.
(3) Notwithstanding Subsection (2), if the order is made because the action wascommenced in the wrong county, the costs of transfer and filing the papers anew shall be paid bythe plaintiff in the action within 10 days after the issuance of the order, or the action shall bedismissed for lack of jurisdiction.
(4) The court to which an action or proceeding is transferred shall have and exercise thesame jurisdiction as if the action had been originally commenced there.
Renumbered and Amended by Chapter 3, 2008 General Session