Title 12, Courts and Civil Proceedings

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…

A. If a claim against a health care professional is asserted in a civil action, the claimant or the party designating a nonparty at fault or its attorney shall certify in a written statement that is filed and served with the claim or the designation of nonparty at fault whether o…

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…

In this chapter, unless the context otherwise requires: 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 arbi…

A. Except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. B. A person has notice if the pe…

A. Except as provided in subsection B: 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 i…

A. Except as otherwise provided in subsections B and C of this section, a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this chapter to the extent permitted by law. B. Before a controversy …

A. An application for judicial relief under this chapter must be made by motion to the court and heard in the manner provided by law or court rule for making and hearing motions. B. Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion…

A. An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except on a ground that exists at law or in equity for the revocation of a contract. B. The cou…

A. On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: 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 part…

A. Before an arbitrator is appointed and is authorized and able to act, the court, on motion of a party to an arbitration proceeding and for good cause shown, may enter an order for interim remedies to protect the effectiveness of the arbitration proceeding to the same extent and…

A. A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of an agreement, by certified mail, return receipt requested and obtained, or by service as …

A. Except as otherwise provided in subsection C, on motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if all of the following apply: 1. There are se…

A. If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed unless the method fails. If the parties have not agreed on a method, the agreed method fails or an arbitrator appointed fails or is unable to act and a succ…

A. Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate, to the arbitration proceeding and to any other arbitrators any known facts that a reasonable …

If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under section 12-3015, subsection C.

A. An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. B. The immunity afforded by this section supplements any immunity under other law. C. The f…

A. An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred on the arbitrator includes the power to hold conferences with the parties to the arbitration procee…

A party to an arbitration proceeding may be represented by a lawyer.

A. An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, on motion to the court by a …

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 …

A. An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the …

A. On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award either: 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 subm…

A. An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim. B. An a…

After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to section 12-3020 or 12-30…

A. On motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if any of the following applies: 1. The award was procured by corruption, fraud or other undue means. 2. There was either: (a) Evident partiality …

A. On motion made within ninety days after the movant receives notice of the award pursuant to section 12-3019 or within ninety days after the movant receives notice of a modified or corrected award pursuant to section 12-3020, the court shall modify or correct the award if eithe…

A. On granting an order vacating an award without directing a rehearing or confirming, modifying or correcting an award, the court shall enter a judgment in conformity with the order. The judgment may be recorded, docketed and enforced as any other judgment in a civil action. B. …

A. A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. 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 chapt…

A motion pursuant to section 12-3005 must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion may be made in…

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.