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Judicial Code | |
Juries and Witnesses | |
Section 135 | Witnesses -- Proceedings in aid of or supplemental to attachment, garnishment, or execution. |
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78B-1-135. Witnesses -- Proceedings in aid of or supplemental to attachment,
garnishment, or execution. (1) Notwithstanding the provisions of Section 78B-1-134, a party or a witness examined in proceedings in aid of or supplemental to attachment, garnishment, or execution is not excused from answering a question on the ground that; (a) the answer will tend to convict the party or witness of the commission of a fraud; (b) the answer will prove the party or witness has been a party or privy to, or has knowledge of, a conveyance, assignment, transfer or other disposition of property concerned for any purpose; (c) the party, witness, or any other person claims to be entitled, as against the judgment creditor or a receiver appointed or to be appointed in the proceedings, to hold property derived from or through the judgment debtor or to be discharged from the payment of a debt which was due to the judgment debtor or to a person in the debtor's behalf. (2) An answer cannot be used as evidence against the person so answering in a criminal action or proceeding, except in an action for perjury against the person for falsely testifying.
Renumbered and Amended by Chapter 3, 2008 General Session |
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