Title 78B Chapter 5

Title 78BJudicial Code (Download: PDF | RTF | WordPerfect) (Download Future Chapters: PDF | RTF | WordPerfect)
Chapter 5Procedure and Evidence (Download: PDF | RTF | WordPerfect)
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Section 101 Right to jury trial.
Section 102 Jury to decide questions of fact.
Section 103 Court to decide questions of law.
Section 201 Definitions -- Judgment recorded in Registry of Judgments.
Section 202 Duration of judgment -- Judgment as a lien upon real property -- Abstract of judgment -- Small claims judgment not a lien -- Appeal of judgment -- Child support orders.
Section 203 Judgment against party dying after verdict or decision.
Section 204 Judgment against sheriff -- When conclusive against sureties on indemnity bond.
Section 205 Judgment by confession authorized.
Section 206 Mileage allowance for judgment debtor required to appear.
Section 301 Title.
Section 302 Definition -- Filing and status of foreign judgments.
Section 303 Notice of filing.
Section 304 Stay.
Section 305 Lien.
Section 306 Optional procedure.
Section 307 Uniformity of interpretation.
Section 320 Grounds for nonrecognition of libel judgments.
Section 321 Foreign libel judgment.
Section 322 Application.
Section 401 Title.
Section 402 Definitions.
Section 403 Scope.
Section 404 Variation by agreement.
Section 405 Determining the money of the claim.
Section 406 Determining the amount of the money of certain contract claims.
Section 407 Asserting and defending a foreign-money claim.
Section 408 Judgments and awards on foreign-money claims -- Time of money conversion -- Form of judgment.
Section 409 Conversions of foreign money in a distribution proceeding.
Section 410 Prejudgment and judgment interest.
Section 411 Enforcement of foreign judgments.
Section 412 Temporarily determining the United States dollar value of foreign-money claims for limited purposes.
Section 413 Effect of currency revalorizations.
Section 414 Supplementary general principles of law.
Section 415 Uniformity of application and construction.
Section 416 Application.
Section 501 Title.
Section 502 Definitions.
Section 503 Homestead exemption -- Definitions -- Excepted obligations -- Water rights and interests -- Conveyance -- Sale and disposition -- Property right for federal tax purposes.
Section 504 Declaration of homestead -- Filing -- Contents -- Failure to file -- Conveyance by married person -- No execution sale if bid less than exemption -- Redemption rights of judgment creditor.
Section 505 Property exempt from execution.
Section 506 Value of exempt property -- Exemption of implements, professional books, tools, and motor vehicles.
Section 507 Exemption of proceeds from property sold, taken by condemnation, lost, damaged, or destroyed -- Tracing exempt property and proceeds.
Section 508 Allowable claims against exempt property.
Section 509 Waiver of exemptions in favor of unsecured creditor unenforceable.
Section 510 Assertion of individual's rights by spouse, dependent, or other authorized person.
Section 511 Injunctive relief, damages, or both allowed against creditor to prevent violation of chapter -- Costs and attorney fees.
Section 512 Property held by joint tenants or tenants in common.
Section 513 Exemption provisions applicable in bankruptcy proceedings.
Section 601 Statutes as evidence.
Section 602 Entries in official records as evidence.
Section 603 Entries in course of official duty as evidence.
Section 604 Certificate of location or purchase of public lands of United States as evidence.
Section 605 Histories, scientific books, maps, and charts as evidence.
Section 606 Certificate of acknowledgment as evidence of execution.
Section 607 When entries and writings of a decedent are prima facie evidence.
Section 608 Writings -- How proved.
Section 609 Proof of execution when subscribing witness denies or forgets.
Section 610 When unnecessary.
Section 611 Proof of wills.
Section 612 Proof of instruments affecting real estate.
Section 613 Proof of publication of document, notice, or order.
Section 614 Filing of affidavit -- Original or certified copy as evidence.
Section 615 Parol evidence of contents of writings -- When admissible.
Section 616 Business record -- Admissibility -- Weight.
Section 617 Writings bearing obvious alterations -- Explanation required.
Section 618 Patient access to medical records -- Third party access to medical records.
Section 619 Access to medical records of deceased patient.
Section 620 Calibration certificates for breathalizers.
Section 701 Taking of affidavits in this state.
Section 702 Taking of affidavits in another state.
Section 703 Taking of affidavits in foreign country.
Section 704 Certification of affidavits taken before foreign court or judge.
Section 705 Unsworn declaration in lieu of affidavit.
Section 801 Public and private statutes defined.
Section 802 Tender -- Offer in writing sufficient -- Objection -- Must be specific or waived.
Section 803 Receipt may be demanded as condition to payment or deposit.
Section 804 Money deposited in court.
Section 805 State, state officers, and political subdivisions not required to give bond -- Exception for appeal.
Section 806 Payment of costs by state.
Section 807 Payment of costs by county.
Section 808 Salaries of public officers subject to garnishment.
Section 809 Service of process.
Section 810 Sureties on stay bonds entitled to subrogation.
Section 811 Provisions as to depositions made applicable to nonjudicial proceedings.
Section 812 Release or settlement of personal injury claim -- When voidable.
Section 813 Statement of injured person -- When inadmissible as evidence.
Section 814 Release, settlement, or statement by injured person -- When rescission or disavowal provisions inapplicable.
Section 815 Release, settlement, or statement by injured person -- Notice of rescission or disavowal.
Section 816 Right of rescission or disavowal of release, settlement, or statement by injured person in addition to other provisions.
Section 817 Definitions.
Section 818 Comparative negligence.
Section 819 Separate special verdicts on total damages and proportion of fault.
Section 820 Amount of liability limited to proportion of fault -- No contribution.
Section 821 Joinder of defendants.
Section 822 Release to one defendant does not discharge other defendants.
Section 823 Effect on immunity, exclusive remedy, indemnity, and contribution.
Section 824 Personal injury judgments -- Interest authorized.
Section 825 Attorney fees -- Award where action or defense in bad faith -- Exceptions.
Section 825.5 Attorney fees -- Private attorney general doctrine disavowed.
Section 826 Attorney fees -- Reciprocal rights to recover attorney fees.
Section 827 Attorney fees awarded to state funded agency in action against state or subdivision -- Forfeit of appropriated money.
Section 828 Bond required in an environmental action.
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