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

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Updated: 11 January 2012

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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-5-320 Grounds for nonrecognition of libel judgments.

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78B-5-321 Foreign libel judgment.

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78B-5-322 Application.

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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 -- Third party 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 money.

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78B-5-828 Bond required in an environmental action.

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means this portion of the Utah Code has been modified since the last update on 1 November 2011.