Title 12 — Courts and Civil Proceedings

On motion made not later than one year after a judgment imposing joint and several liability and determining contribution rights is entered, the court shall determine whether all or part of a tortfeasor's contribution share under section 12-2502 is uncollectible from that tortfea…

A. The right to contribution under sections 12-2501 through 12-2504 applies to all tortfeasors whose liability is based on negligence, strict liability in tort or any product liability action, as defined in section 12-681, including warranty. B. If an action involves claims for r…

In this article, unless the context otherwise requires: 1. "Claim" means a legal cause of action except for actions relating to health care under sections 12-561 through 12-563 of this title or under title 46, chapter 4 or an affirmative defense to which all of the following appl…

A. If a claim against a licensed professional is asserted in a civil action, the claimant or the claimant's attorney shall certify in a written statement that is filed and served with the claim whether or not expert opinion testimony is necessary to prove the licensed professiona…

B. If the claimant or the party designating a nonparty at fault or its attorney certifies pursuant to subsection H of this section that expert opinion testimony is necessary, the claimant shall serve a preliminary expert opinion affidavit with the initial disclosures that are req…

A. In an action alleging medical malpractice, a person shall not give expert testimony on the appropriate standard of practice or care unless the person is licensed as a health professional in this state or another state and the person meets the following criteria: 1. If the part…

In any civil action that is brought against a health care provider as defined in section 12-561 or in any arbitration proceeding that relates to the civil action, any statement, affirmation, gesture or conduct expressing apology, responsibility, liability, sympathy, commiseration…

In this chapter, unless the context otherwise requires: 1. "Immigration or naturalization matter" includes all matters implicating any law, action, filing or proceeding related to a person's immigration or citizenship status in the United States. 2. "Original document" means any …

A. A person desiring immigration and nationality services may be represented by any of the following: 1. Attorneys in the United States. 2. A law student who is enrolled in an accredited law school or a law school graduate who is not yet admitted to the bar, if both of the follow…

A. It is unlawful for any person to render for compensation any service constituting the unauthorized practice of immigration and nationality law or to otherwise violate this chapter. B. A person having an interest or right that is or may be adversely affected under this chapter …

An act or practice in violation of this chapter constitutes an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate action pursuant to title 44, chapter 10, article 7.

In this chapter, unless the context otherwise requires: 1. "Genetic test" or "genetic testing": (a) Means a test of a person's genes, genetic sequence, gene products or chromosomes for abnormalities or deficiencies, including carrier status, that: (i) Are linked to physical or me…

A. Except as otherwise provided in this article, genetic testing and information derived from genetic testing are confidential and considered privileged to the person tested and shall be released only as authorized by state or federal law, including the health insurance portabili…

A. A genetic test shall not be conducted on an unemancipated minor without the consent of the parent or legal guardian of the minor except for testing under the newborn screening program pursuant to section 36-694. B. A physician who orders the genetic testing of an unemancipated…

A. Information and records held by a state agency or a local health authority relating to genetic testing information are confidential and are exempt from the public copying and inspection requirements of title 39, chapter 1, article 2. B. A state agency or a local health authori…

In this chapter, unless the context otherwise requires: 1. "Annuity issuer" means an insurer that has issued a contract that is used to fund periodic payments under a structured settlement. 2. "Dependents" includes a payee's spouse and minor children and all other family members …

A. Direct or indirect transfer of structured settlement payment rights shall not be effective and a structured settlement obligor or annuity issuer shall not be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless th…

A. The superior court has jurisdiction over any application for authorization to transfer structured settlement payment rights pursuant to section 12-2902. B. Not less than twenty days before the scheduled hearing on any application for authorization to transfer structured settle…

A. The provisions of this chapter shall not be waived. B. A payee who proposes to make a transfer of structured settlement payment rights shall not inure any penalty, forfeit any application fee or other payment or otherwise incur any liability to the proposed transferee based on…

1. "Arbitration organization" means an association, agency, board, commission or other entity that is neutral and that initiates, sponsors or administers an arbitration proceeding or is involved in the appointment of an arbitrator. 2. "Arbitrator" means an individual who is appoi…

B. A person has notice if the person has knowledge of the notice or has received notice. C. A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business or at another location held out by the p…

1. This chapter governs an agreement to arbitrate made on or after January 1, 2011. 2. This chapter governs an agreement to arbitrate made before January 1, 2011 if all the parties to the agreement or to the arbitration proceeding so agree in a record. 3. On or after January 1, 2…

B. Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not: 1. Waive or agree to vary the effect of the requirements prescribed in section 12-2101.01, section 12-3005, subsection A, section 12-3006, subsection A, section 12-3008,…

B. Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under this chapter must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the …

B. The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate. C. An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbi…

1. If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate. 2. If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there…

B. After an arbitrator is appointed and is authorized and able to act: 1. The arbitrator may issue such orders for interim remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and …

B. Unless a person objects for lack or insufficiency of notice under section 12-3015, subsection C not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack or insufficiency of notice.

1. There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person. 2. The claims subject to the agreements to arbitrate…

B. An individual who has a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral.

1. A financial or personal interest in the outcome of the arbitration proceeding. 2. An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness or another arbitrator. B. An arbi…

[Repealed or reserved.]

B. The immunity afforded by this section supplements any immunity under other law. C. The failure of an arbitrator to make a disclosure required by section 12-3012 does not cause any loss of immunity under this section. D. In a judicial, administrative or similar proceeding, an a…

B. An arbitrator may decide a request for summary disposition of a claim or particular issue either: 1. If all interested parties agree. 2. On request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding and the other partie…

[Repealed or reserved.]

B. In order to make the proceedings fair, expeditious and cost effective, on request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be sub…

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 12-3019. A prevailing party may make a motion to the court for an expedited order to confirm the …

B. An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the partie…

1. On a ground stated in section 12-3024, subsection A, paragraph 1 or 3. 2. Because the arbitrator has not made a final and definite award on a claim submitted by the parties to the arbitration proceeding. 3. To clarify the award. B. A motion under subsection A of this section m…

B. An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration only if that award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding. C. As to all remedies other than t…

[Repealed or reserved.]

1. The award was procured by corruption, fraud or other undue means. 2. There was either: (a) Evident partiality by an arbitrator appointed as a neutral arbitrator. (b) Corruption by an arbitrator. (c) Misconduct by an arbitrator prejudicing the rights of a party to the arbitrati…

1. There was an evident mathematical miscalculation or an evident mistake in the description of a person or thing or property referred to in the award. 2. The arbitrator made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the …

B. A court may allow reasonable costs of the motion and subsequent judicial proceedings. C. On application of a prevailing party to a contested judicial proceeding under section 12-3022, 12-3023 or 12-3024, the court may add reasonable attorney fees and other reasonable expenses …

B. An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under this chapter.

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

B. This chapter does not apply to a corporation, partnership or other form of business association.