Title 12, Courts and Civil Proceedings

A. This chapter applies to a foreign-country judgment that grants or denies the recovery of a sum of money and, under the law of the foreign country where rendered, is final, conclusive and enforceable. B. Notwithstanding subsection A of this section, this chapter does not apply …

A. Except as provided in subsections B and C of this section, a court shall recognize a foreign-country judgment to which this chapter applies. B. A court may not recognize a foreign-country judgment if any of the following applies: 1. The judgment was rendered under a judicial s…

A. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition is raised by filing an action seeking recognition of the foreign-country judgment. If recognition of a foreign-country judgment is sought in a pending action, the issue of re…

A. Private process servers who are duly appointed or certified pursuant to rules established by the supreme court may serve all process, writs, orders, pleadings or papers that are required or permitted by law to be served before, during or independently of a court action, includ…

This chapter may be cited as the uniform partition of heirs property act.

In this chapter, unless the context otherwise requires: 1. "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. 2. "Collateral" means an individual who is related to another individual under the law of…

This chapter applies to partition actions filed on or after September 14, 2024.

A. In an action to partition real property under section 14-3911, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the heirs property must be partitioned pursuant to this chapter unless all of the coten…

A. If the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the heirs property by ordering an appraisal pursuant to subsection B of this section, unless one of the following applies: …

A. If any cotenant requested partition by sale after the determination of value pursuant to section 12-3405, subsection C, the court shall provide notice to the parties that any cotenant, except a cotenant that requested partition by sale, may buy all the interests of the cotenan…

A. If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants or if after the conclusion of a buyout pursuant to section 12-3406 a cotenant remains that has requested partition in kind, the court shall order partition in kind unles…

A. In determining under section 12-3407 whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider all of the following factors: 1. Whether the heirs property practicably can be divided among the cotenants. 2. Whether partit…

A. If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bid or an auction would be more economically advantageous and in the best interest of the cotenants as a group. If the court orders an open-market sa…

If the court appoints commissioners pursuant to section 12-1215, each commissioner, in addition to the requirements and disqualifications applicable to commissioners, must be disinterested and impartial and not be a party to or a participant in the action.

In applying and construing this chapter, the courts shall consider the need to promote uniformity of the law with respect to its subject matter among the states that enact the uniform partition of heirs property act.

This section modifies, limits and supersedes the electronic signatures in global and national commerce act (15 United States Code sections 7001 through 7031) but does not modify, limit or supersede section 101(c) of that act (15 United States Code section 7001(c)) or authorize el…

In this chapter, unless the context otherwise requires: 1. "Action" means a civil action, administrative proceeding, claim or other cause of action. 2. "Foreign country of concern" includes the following: (a) A foreign government listed in 15 Code of Federal Regulations section 7…

A. A litigation financier may not direct or make any decisions with respect to the course of any action that is subject to a litigation financing agreement or any settlement or other disposition thereof, including decisions concerning appointing or changing counsel, choice of or …

A. A litigation financier may not pay or offer to pay a commission, referral fee or other consideration to legal counsel, a law firm or a licensed health care provider, for referring a person to the litigation financier without disclosing in writing to the potential borrower. The…

A. A litigation financing agreement that is entered into in violation of this chapter is voidable. B. A litigation financier who knowingly violates section 12-3452 or 12-3453 commits an unlawful practice under section 44-1522. C. Only the attorney general or parties to the litiga…

In this chapter, unless the context otherwise requires: 1. "Licensed health care provider" means both: (a) A person, corporation or institution licensed or certified by the state to provide health care, medical services, nursing services or other health-related services and inclu…

A. A medical malpractice action shall not be brought against a licensed health care provider except upon the grounds set forth in section 12-561. B. A medical malpractice action brought against a licensed health care provider shall not be based upon assault and battery. C. A medi…

Both of the following shall be necessary elements of proof that injury resulted from the failure of a health care provider to follow the accepted standard of care: 1. The health care provider failed to exercise that degree of care, skill and learning expected of a reasonable, pru…

A. A student who is in an educational or training program of a certified, accredited or state approved postsecondary institution that prepares students for licensing as a health care provider is not liable in a medical malpractice action for injury that occurs during or as a resu…

A. In any medical malpractice action against a licensed health care provider, the defendant may introduce evidence of any amount or other benefit which is or will be payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States social secu…

In any medical malpractice action against a licensed health care provider, no dollar amount or figure shall be included in the complaint, but the complaint may include a statement reciting that the minimum jurisdictional amount established for filing the action is satisfied.

A. A woman who gives birth to a child after being treated for infertility by a physician, the spouse of the woman, the surviving spouse of the woman or the child born as a result of the actions of a physician described in this section may bring an action against a licensed health…

A. The court shall, at the request of any party in any action under this chapter, determine the reasonableness of each party's attorneys' fees. The court shall take into consideration the following: 1. The time and labor required, the novelty and difficulty of the questions invol…

During the trial of a medical malpractice action against a licensed health care provider or during the course of any hearing or review conducted pursuant to section 12-567, evidence that any party or that any witness testifying in such trial, hearing, or review proceeding has bee…

A. If a medical malpractice action or an action brought under section 46-455 against a nursing care institution is settled or a court enters a monetary judgment: 1. The professional liability insurers shall provide the defendant's health profession regulatory board with all infor…

A. A health professional as defined in section 32-3201 or a health professional who meets the requirements of section 32-3217 and who provides medical, optometric or dental treatment, care or screening within the scope of the health professional's certificate or license at a nonp…

A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence, a health professional as defined in section 32-3201 who provides or who is consulted to provide services to a patient of a licensed hospital in compliance with the emerge…

A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence, a physician licensed to practice pursuant to title 32, chapter 13 or 17 is not liable to the pregnant female patient, the child or children delivered or their families fo…

In this article, unless the context otherwise requires: 1. "Bodily injury" means bodily harm, sickness, disease or emotional or mental distress, including death resulting from any of these conditions at any time, sustained by a person. 2. "Claimant" means a person suffering bodil…

A. This article applies to any trial involving a claim for future damages arising out of a medical malpractice action. Any party may elect to receive or pay future damages for economic losses in periodic installments in accordance with this article. B. The election shall be made …

A. In a hearing held to determine whether good cause exists not to try a claim under this article, the court shall consider the circumstances of the parties and all relevant factors, including, but not limited to: 1. Whether the risk that a lump sum award would be dissipated is i…

A. If liability is found in a trial conducted under this article, the trier of fact shall make separate findings for each claimant specifying the amount of any: 1. Past damages in a lump sum. 2. Future damages for noneconomic loss in a lump sum. 3. Future damages and the periods …

A. The calculation for all future economic damages shall reflect future changes in earning power or the purchasing power of the dollar. Future damages shall not be discounted to present value, except pursuant to section 12-589. B. Unless the court otherwise directs or the parties…

A. If special findings for future damages are made, the court shall enter judgment pursuant to the following procedures: 1. The court shall apply to the findings of past and future damages any applicable rules of law in calculating the respective amounts of past and future damage…

A. Each party liable for all or a portion of a judgment containing periodic installments shall provide funding, separately or jointly, for the unpaid installments in a form prescribed in section 12-588. The funding shall be provided not later than the date the judgment is subject…

A. Funding authorized or required for payment of a judgment for periodic installments shall be approved by the court as sufficient to guarantee financial solvency and be in one or more of the following forms: 1. An annuity contract issued by one or more qualified insurers. 2. An …

A. If future damages are ordered to be paid in advance of the period to which they apply, the court shall compute the present value of the future payments by discounting each remaining annual payment by a rate of interest equal to the interest rate of the most recent issue of fif…

A. The liability for payment of periodic installments for costs of health care not yet due at the death of the person entitled to receive the benefits terminates on the death of the person. Liability for payment of any other installments or portions of installments not yet due at…

An assignment of or an agreement to assign any right to periodic installments for future damages is not enforceable except for: 1. The payment of alimony, maintenance, spousal support or child support. 2. The costs of products, services or accommodations provided or to be provide…

Periodic installments for future damages for loss of earnings or loss of support for beneficiaries of a judgment entered in a wrongful death action are exempt from garnishment, attachment, execution and any other process or claim to the extent wages or earnings are exempt under a…

A. The director of the department of insurance and financial institutions shall adopt rules: 1. For determining which insurers and assignees are financially qualified to provide and maintain the funding required under this article and to be designated as qualified insurers. 2. To…