Title 78B, Title 78B: Judicial Code

78B-1-105. Jurors -- Competency to serve -- Individuals not competent to serve as jurors -- Court to determine disqualification. (1) An individual is competent to serve as a juror if the individual is: a citizen of the United States; 18 years old or older; a resident of the count…

78B-1-106. Master jury list -- Inclusive -- Review -- Renewal -- Public examination. (1) The Judicial Council shall designate one or more regularly maintained lists of persons residing in each county as the source lists for the master jury list. The master jury list shall be as i…

78B-1-107. Master prospective jury list -- Juror qualification form -- Content. (1) When a jury trial is anticipated, the jury clerk shall obtain from the master jury list the number of prospective jurors necessary to qualify jurors to empanel a jury in that case. (2) Prospective…

78B-1-108. Qualified prospective jurors not exempt from jury service. No qualified prospective juror is exempt from jury service.

78B-1-109. Excuse from jury service -- Postponement. (1) A court may excuse an individual from jury service: upon a showing: of undue hardship; of public necessity; that the individual is a mother who is breastfeeding a child; or that the individual is incapable of jury service; …

78B-1-110. Limitations on jury service. (1) In any two-year period, a person may not: be required to serve on more than one grand jury; be required to serve as both a grand and trial juror; be required to attend court as a trial juror more than one court day, except if necessary …

78B-1-111. Food allowance for jurors -- Sequestration costs. (1) Jurors may be provided with a reasonable food allowance under the rules of the Judicial Council. (2) When a jury has been placed in sequestration by order of the court, the necessary expenses for food and lodging sh…

78B-1-112. Jurors -- Preservation of records. All records and papers compiled in connection with the selection and service of jurors shall be preserved by the clerk for four years, or for any longer period ordered by the court.

78B-1-113. Jury not selected in conformity with chapter -- Procedure to challenge -- Relief available -- Exclusive remedy. (1) Within seven days after the moving party discovered, or by the exercise of diligence could have discovered the grounds therefore, and in any event before…

78B-1-114. Jury fee assessments -- Payment. (1) The court has discretionary authority in any civil or criminal action or proceeding triable by jury to assess the entire cost of one day's juror fees against either the plaintiff or defendant or their counsel, or to divide the cost …

78B-1-115. Jurors -- Penalties. (1) A person who fails to respond timely to questions regarding qualification for jury service shall be in contempt of court and subject to penalties under. Title 78B, Chapter 6, Part 3, Contempt (2) A person summoned for jury service who fails to …

78B-1-116. Jurors -- Employer not to discharge or threaten employee for jury service -- Criminal penalty -- Civil action by employee. (1) An employer may not deprive an employee of employment, threaten or take any adverse employment action, or otherwise coerce the employee regard…

78B-1-117. Jurors and witnesses -- State payment for jurors and subpoenaed persons -- Appropriations and costs -- Expenses in justice court. (1) The state is responsible for payment of all fees and expenses authorized by law for prosecution witnesses, witnesses subpoenaed by indi…

78B-1-118. Jurors and witnesses -- Judicial Council rules governing fee payment. The Judicial Council shall adopt rules governing the method of payment of fees, mileage, and other expenses of jurors and witnesses, authorization for payment, record of payment, and the audit of pay…

78B-1-119. Jurors and witnesses -- Fees and mileage. (1) Every juror and witness legally required or in good faith requested to attend a trial court of record or not of record or a grand jury is entitled to: $18.50 for the first day of attendance and $49 per day for each subseque…

78B-1-120. Jurors and witnesses -- Fees in criminal cases -- Daily report of attendance. Every witness in a criminal case subpoenaed for the state, or for a defendant by order of the court at the expense of the state, and every juror, whether grand or trial, shall, unless tempora…

78B-1-121. Jurors and witnesses -- Statement of service -- Certificate. Whenever a grand juror, or a witness for the state before the grand jury, is finally discharged, the foreman of the grand jury shall furnish to the clerk of the district court a statement containing informati…

78B-1-122. Jurors and witnesses -- Justice court judge -- Certificate of attendance -- Records and reporting. Every justice court shall follow the established disbursement process for juror and witness fees within the town, city, or county, or use the following procedure. (1) A j…

78B-1-123. Jurors and witnesses -- Limit of time for presentation of certificate. (1) As used in this section, "finance officer" means the same as that term is defined in Section. 17-66-101 (2) Any holder of a witness's or juror's certificate specified in this title shall be requ…

78B-1-124. Jurors and witnesses -- Statement of certificates -- Contents -- Payment by state. (1) At the end of each quarter it shall be the duty of the county treasurer and the county auditor of each finance officer, as that term is defined in Section, to prepare in duplicate an…

78B-1-125. Jurors and witnesses -- Certifying excessive fees a felony. Any clerk or judge of any court, county attorney, district attorney, or other officer who certifies false information as a fact, whereby any witness or juror shall be allowed a greater sum than otherwise entit…

78B-1-126. Jurors and witnesses -- Purchase of certificate forbidden -- Penalty. (1) No person connected officially with any of the district courts of this state, and no state, district, county or precinct officer, shall purchase or cause to be purchased any certificate issued to…

78B-1-127. Witnesses -- Competency. Every person is competent to be a witness except as otherwise provided in the Utah Rules of Evidence.

78B-1-128. Who may be witnesses -- Jury to judge credibility. (1) All persons, without exception, otherwise than as specified in this part, who, having organs of sense, can perceive, and, perceiving, can make known their perceptions to others, may be witnesses. (2) Neither partie…

78B-1-129. Witnesses -- Subpoena defined. The process by which the attendance of a witness is required is a subpoena. It is a writ or order directed to a person and requiring the person's attendance at a particular time and place to testify as a witness. The person may also be re…

78B-1-130. Witnesses -- Duty when served with subpoena. A witness served with a subpoena shall: (1) attend at the time appointed with any papers required by the subpoena; (2) answer all pertinent and legal questions; and (3) unless sooner discharged, remain until the testimony is…

78B-1-131. Witnesses -- Liability to forfeiture and damages. A witness who disobeys a subpoena shall, in addition to any penalty imposed for contempt, be liable to the party aggrieved in the sum of $100, and all damages sustained by the failure of the witness to attend. Forfeitur…

78B-1-132. Employer not to discharge or threaten employee for responding to subpoena -- Criminal penalty -- Civil action by employee. (1) An employer may not deprive an employee of employment or threaten or otherwise coerce the employee regarding employment because the employee a…

78B-1-133. Witnesses -- Judge or juror may be witness -- Procedure. The judge or any juror may be called as a witness by either party. It is in the discretion of the court to order the trial to be postponed, suspended, or take place before another judge or jury.

78B-1-134. Witnesses -- Duty to answer questions -- Privilege. (1) A witness shall answer all questions legal and pertinent to the matter in issue, although an answer may establish a claim against the witness. (2) A witness need not give an answer which will subject him to punish…

78B-1-135. Witnesses -- Proceedings in aid of or supplemental to attachment, garnishment, or execution. (1) Notwithstanding the provisions of Section, a party or a witness examined in proceedings in aid of or supplemental to attachment, garnishment, or execution is not excused fr…

78B-1-136. Witnesses -- Rights. It is the right of a witness to be protected from irrelevant, improper or insulting questions, and from harsh or insulting demeanor, to be detained only so long as the interests of justice require it, and to be examined only as to matters legal and…

78B-1-137. Witnesses -- Privileged communications. There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate. Therefore, a person cannot be examined as a witness in the following cases: (1) Neither a wife nor a husban…

78B-1-138. Witnesses -- Exempt from arrest in civil action. Every person who has been in good faith served with a subpoena to attend as a witness before a court, judge, commissioner, referee or other person, in a case where the disobedience of the witness may be punished as a con…

78B-1-139. Witnesses -- Unlawful arrest -- Void -- Damages recoverable. The arrest of a witness contrary to Sectionis void, and when willfully made is a contempt of the court. The person making the arrest is responsible to the witness arrested for double the amount of the damages…

78B-1-140. Liability of officer making arrest. (1) An officer is not liable for making the arrest in ignorance of the facts creating the exemption, but is liable for any subsequent detention of the witness, if the witness claims the exemption and makes an affidavit stating: he ha…

78B-1-141. Witnesses -- Discharge when unlawfully arrested. The court or officer issuing the subpoena, and the court or officer before whom the attendance is required, may discharge the witness from an arrest made in violation of Section. If the court has adjourned before the arr…

78B-1-142. Witnesses -- Oaths -- Who may administer. Every court, every judge, clerk and deputy clerk of any court, every justice, every notary public, and every officer or person authorized to take testimony in any action or proceeding, or to decide upon evidence, has the power …

78B-1-143. Witnesses -- Form of oath. (1) An oath or affirmation in an action or proceeding may be administered in the following form: (2) The person swearing or affirming shall express assent when addressed.

78B-1-144. Witnesses -- Affirmation or declaration instead of oath allowed. Any person may, instead of taking an oath, opt to make a solemn affirmation or declaration, by assenting, when addressed in the following form:

78B-1-145. Witnesses -- Variance in form of swearing to suit beliefs. (1) Whenever the court before which a person is offered as a witness is satisfied that the person has a peculiar mode of swearing, connected with or in addition to the usual form, which in the person's opinion …

78B-1-146. Witnesses -- Interpreters -- Subpoena -- Contempt -- Costs. (1) When a witness does not understand and speak the English language, an interpreter shall be sworn in to interpret. Any person may be subpoenaed by any court or judge to appear before the court or judge to a…

78B-1-147. Witnesses -- Fees in civil cases -- How paid -- Taxed as costs. (1) The fees and compensation of witnesses in all civil causes shall be paid by the party who causes the witnesses to attend. A person is not obliged to attend court in a civil cause when subpoenaed unless…

78B-1-148. Witnesses -- Only one fee per day allowed. No witness shall receive fees in more than one criminal cause on the same day.

78B-1-149. Witnesses -- Officials subpoenaed not entitled to fee or per diem -- Exception. No officer of the United States, or the state, or of any county, incorporated city or town within the state, may receive any witness fee or per diem when testifying in a criminal proceeding…

78B-1-150. Witnesses -- When criminal defense witness may be called at expense of state. A witness for a defendant in a criminal cause may not be subpoenaed at the expense of the state, county, or city, except upon order of the court. The order shall be made only upon affidavit o…