Title 26 Utah Health Code Chapter 4 Utah Medical Examiner Act Section 12 Order to exhume body -- Procedure.
26-4-12.Order to exhume body -- Procedure.
(1) In case of any death described in Section 26-4-7, when a body is buried without an
investigation by the medical examiner as to the cause and manner of death, it shall be the duty of
the medical examiner, upon being advised of the fact, to notify the district attorney or county
attorney having criminal jurisdiction where the body is buried or death occurred. Upon
notification, the district attorney or county attorney having criminal jurisdiction may file an
action in the district court to obtain an order to exhume the body. A district judge may order the
body exhumed upon an ex parte hearing.
(2) (a) A body shall not be exhumed until notice of the order has been served upon the
executor or administrator of the deceased's estate, or if no executor or administrator has been
appointed, upon the nearest heir of the deceased, determined as if the deceased had died intestate.
If the nearest heir of the deceased cannot be located within the jurisdiction, then the next heir in
succession within the jurisdiction may be served.
(b) The executor, administrator, or heir shall have 24 hours to notify the issuing court of
any objection to the order prior to the time the body is exhumed. If no heirs can be located within
the jurisdiction within 24 hours, the facts shall be reported to the issuing court which may order
that the body be exhumed forthwith.
(c) Notification to the executor, administrator, or heir shall specifically state the nature of
the action and the fact that objection must be filed with the issuing court within 24 hours of the
time of service.
(d) In the event an heir files an objection, the court shall set hearing on the matter at the
earliest possible time and issue an order on the matter immediately at the conclusion of the
hearing. Upon the receipt of notice of objection, the court shall immediately notify the county
attorney who requested the order, so that the interest of the state may be represented at the
hearing.
(e) When there is reason to believe that death occurred in a manner described in Section
26-4-7, the district attorney or county attorney having criminal jurisdiction may make a motion
that the court, upon ex parte hearing, order the body exhumed forthwith and without notice.
Upon a showing of exigent circumstances the court may order the body exhumed forthwith and
without notice. In any event, upon motion of the district attorney or county attorney having
criminal jurisdiction and upon the personal appearance of the medical examiner, the court for
good cause may order the body exhumed forthwith and without notice.
(3) An order to exhume a body shall be directed to the medical examiner, commanding
him to cause the body to be exhumed, perform the required autopsy, and properly cause the body
to be reburied upon completion of the examination.
(4) The examination shall be completed and the complete autopsy report shall be made to
the district attorney or county attorney having criminal jurisdiction for any action the attorney
considers appropriate. The district attorney or county attorney shall submit the return of the
order to exhume within 10 days in the manner prescribed by the issuing court.
Amended by Chapter 86, 2000 General Session
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