Utah Code -- Title 78B -- Chapter 05 -- Procedure and Evidence

Code in HTML Format with Links to Zipped WordPerfect

Updated: 21 December 2009

78B-5-101    Right to jury trial.

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78B-5-102    Jury to decide questions of fact.

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78B-5-103    Court to decide questions of law.

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78B-5-201     Definitions -- Judgment recorded in Registry of Judgments.

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78B-5-202    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.

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78B-5-203    Judgment against party dying after verdict or decision.

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78B-5-204    Judgment against sheriff -- When conclusive against sureties on indemnity bond.

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78B-5-205    Judgment by confession authorized.

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78B-5-206    Mileage allowance for judgment debtor required to appear.

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78B-5-301    Title.

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78B-5-302    Definition -- Filing and status of foreign judgments.

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78B-5-303    Notice of filing.

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78B-5-304    Stay.

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78B-5-305    Lien.

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78B-5-306    Optional procedure.

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78B-5-307    Uniformity of interpretation.

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78B-5-401    Title.

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78B-5-402    Definitions.

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78B-5-403    Scope.

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78B-5-404    Variation by agreement.

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78B-5-405    Determining the money of the claim.

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78B-5-406    Determining the amount of the money of certain contract claims.

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78B-5-407    Asserting and defending a foreign-money claim.

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78B-5-408    Judgments and awards on foreign-money claims -- Time of money conversion -- Form of judgment.

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78B-5-409    Conversions of foreign money in a distribution proceeding.

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78B-5-410    Prejudgment and judgment interest.

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78B-5-411    Enforcement of foreign judgments.

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78B-5-412    Temporarily determining the United States dollar value of foreign-money claims for limited purposes.

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78B-5-413    Effect of currency revalorizations.

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78B-5-414    Supplementary general principles of law.

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78B-5-415    Uniformity of application and construction.

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78B-5-416    Application.

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78B-5-501    Title.

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78B-5-502    Definitions.

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78B-5-503    Homestead exemption -- Definitions -- Excepted obligations -- Water rights and interests -- Conveyance -- Sale and disposition -- Property right for federal tax purposes.

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78B-5-504    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.

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78B-5-505    Property exempt from execution.

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78B-5-506    Value of exempt property -- Exemption of implements, professional books, tools, and motor vehicle.

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78B-5-507    Exemption of proceeds from property sold, taken by condemnation, lost, damaged, or destroyed -- Tracing exempt property and proceeds.

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78B-5-508    Allowable claims against exempt property.

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78B-5-509    Waiver of exemptions in favor of unsecured creditor unenforceable.

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78B-5-510    Assertion of individual's rights by spouse, dependent, or other authorized person.

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78B-5-511    Injunctive relief, damages, or both allowed against creditor to prevent violation of chapter -- Costs and attorney fees.

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78B-5-512    Property held by joint tenants or tenants in common.

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78B-5-513    Exemption provisions applicable in bankruptcy proceedings.

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78B-5-601    Statutes as evidence.

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78B-5-602    Entries in official records as evidence.

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78B-5-603    Entries in course of official duty as evidence.

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78B-5-604    Certificate of location or purchase of public lands of United States as evidence.

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78B-5-605    Histories, scientific books, maps, and charts as evidence.

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78B-5-606    Certificate of acknowledgment as evidence of execution.

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78B-5-607    When entries and writings of a decedent are prima facie evidence.

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78B-5-608    Writings -- How proved.

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78B-5-609    Proof of execution when subscribing witness denies or forgets.

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78B-5-610    When unnecessary.

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78B-5-611    Proof of wills.

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78B-5-612    Proof of instruments affecting real estate.

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78B-5-613    Proof of publication of document, notice, or order.

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78B-5-614    Filing of affidavit -- Original or certified copy as evidence.

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78B-5-615    Parol evidence of contents of writings -- When admissible.

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78B-5-616    Business record -- Admissibility -- Weight.

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78B-5-617    Writings bearing obvious alterations -- Explanation required.

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78B-5-618    Patient access to medical records.

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78B-5-619    Access to medical records of deceased patient.

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78B-5-620    Calibration certificates for breathalizers.

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78B-5-701    Taking of affidavits in this state.

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78B-5-702    Taking of affidavits in another state.

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78B-5-703    Taking of affidavits in foreign country.

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78B-5-704    Certification of affidavits taken before foreign court or judge.

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78B-5-705    Unsworn declaration in lieu of affidavit.

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78B-5-801    Public and private statutes defined.

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78B-5-802    Tender -- Offer in writing sufficient -- Objection -- Must be specific or waived.

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78B-5-803    Receipt may be demanded as condition to payment or deposit.

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78B-5-804    Money deposited in court.

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78B-5-805    State, state officers, and political subdivisions not required to give bond.

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78B-5-806    Payment of costs by state.

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78B-5-807    Payment of costs by county.

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78B-5-808    Salaries of public officers subject to garnishment.

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78B-5-809    Service of process.

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78B-5-810    Sureties on stay bonds entitled to subrogation.

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78B-5-811    Provisions as to depositions made applicable to nonjudicial proceedings.

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78B-5-812    Release or settlement of personal injury claim -- When voidable.

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78B-5-813    Statement of injured person -- When inadmissible as evidence.

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78B-5-814    Release, settlement, or statement by injured person -- When rescission or disavowal provisions inapplicable.

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78B-5-815    Release, settlement, or statement by injured person -- Notice of rescission or disavowal.

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78B-5-816    Right of rescission or disavowal of release, settlement, or statement by injured person in addition to other provisions.

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78B-5-817    Definitions.

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78B-5-818    Comparative negligence.

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78B-5-819    Separate special verdicts on total damages and proportion of fault.

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78B-5-820    Amount of liability limited to proportion of fault -- No contribution.

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78B-5-821    Joinder of defendants.

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78B-5-822    Release to one defendant does not discharge other defendants.

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78B-5-823    Effect on immunity, exclusive remedy, indemnity, and contribution.

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78B-5-824    Personal injury judgments -- Interest authorized.

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78B-5-825    Attorney fees -- Award where action or defense in bad faith -- Exceptions.

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78B-5-825.5    Attorney fees -- Private attorney general doctrine disavowed.

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78B-5-826    Attorney fees -- Reciprocal rights to recover attorney fees.

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78B-5-827    Attorney fees awarded to state funded agency in action against state or subdivision -- Forfeit of appropriated monies.

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means this portion of the Utah Code has been modified since the last update on 28 May 2009.

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Last revised: 21 December 2009

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