Title 78B  Chapter 9  Part 1  Section 102

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IndexUtah Code
Title 78BJudicial Code
Chapter 9Postconviction Remedies Act
Part 1General Provisions
Section 102Replacement of prior remedies.
(Effective 5/9/2017)

Effective 5/9/2017
78B-9-102.  Replacement of prior remedies.
(1)
(a) This chapter establishes the sole remedy for any person who challenges a conviction or sentence for a criminal offense and who has exhausted all other legal remedies, including a direct appeal except as provided in Subsection (2). This chapter replaces all prior remedies for review, including extraordinary or common law writs. Proceedings under this chapter are civil and are governed by the rules of civil procedure. Procedural provisions for filing and commencement of a petition are found in Rule 65C, Utah Rules of Civil Procedure.
(b) A court may not enter an order to withdraw, modify, vacate or otherwise set aside a plea unless it is in conformity with this chapter or Section 77-13-6.
(2) This chapter does not apply to:
(a) habeas corpus petitions that do not challenge a conviction or sentence for a criminal offense;
(b) motions to correct a sentence pursuant to Rule 22(e), Utah Rules of Criminal Procedure; or
(c) actions taken by the Board of Pardons and Parole.


Amended by Chapter 450, 2017 General Session
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