Title 78B, Title 78B: Judicial Code

78B-3-1005. Rulemaking authority. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules: (1) establishing standards and processes for determining whether a website contains a substantial portion of material harmful to minors, inc…

78B-3-1006. Safe harbor. A commercial entity is deemed in compliance with the age verification requirements of Sectionif the commercial entity uses an age verification method that meets the standards established by the division by rule under Section.

78B-3-1007. Minor Online Safety Restricted Account -- Creation -- Deposits into account -- Distribution. (1) There is created within the General Fund a restricted account known as the "Minor Online Safety Restricted Account." (2) The account consists of: deposits from the tax imp…

78B-3-1008. Severability. (1) If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provi…

78B-3-101.1. Definitions for part. As used in this part: (1) "Defendant" means a person against which a civil action is brought. (2) "Plaintiff" means a person that brings a civil action. (3) "Third party" means a person other than the plaintiff. (4) "Traditional standing require…

78B-3-101.3. Requirements for a private right of action -- Findings. (1) The Legislature finds that: the traditional standing requirement in a private right of action is important to ensure that a plaintiff has a personal stake in the outcome of the action; the traditional standi…

78B-3-101.5. Husband and wife -- Actions -- Defense -- Absent spouse. (1) If a husband and wife are sued jointly, either or both may defend in each one's own right or for both parties. (2) Either party to a marriage may sue and be sued in the same manner as if the person is unmar…

78B-3-102. Injury of a child -- Suit by parent or guardian. (1) Except as provided in, a parent or guardian may bring an action for the injury of a minor child when the injury is caused by the wrongful act or neglect of another. Title 34A, Chapter 2, Workers' Compensation Act (2)…

78B-3-103. Successive actions on same contract. Successive actions may be maintained upon the same contract or transaction if, after a former action, a new cause of action arises from it.

78B-3-104. Actions against officers -- Bond required -- Costs and attorney fees. (1) A person may not file an action against a law enforcement officer acting within the scope of the officer's official duties unless the person has posted a bond in an amount determined by the court…

78B-3-105. Definition of heirs. As used in Sectionsand, "heirs" means the following surviving persons: (1) the decedent's spouse; (2) the decedent's children as provided in Section; 75-2-114 (3) the decedent's natural parents; or if the decedent was adopted, the decedent's adopti…

78B-3-106. Death of a person -- Suit by heir or personal representative. (1) Except as provided in, when the death of a person is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an action for …

78B-3-106.5. Claims brought by presumptive personal representative. (1) "Presumptive personal representative" means: the spouse of the decedent not alleged to have contributed to the death of the decedent; if no spouse exists, the spouse of the decedent is incapacitated, or if th…

78B-3-107. Survival of action for injury or death to individual, upon death of wrongdoer or injured individual -- Exception and restriction to out-of-pocket expenses. (1) A cause of action arising out of personal injury to an individual, or death caused by the wrongful act or neg…

78B-3-108. Shoplifting -- Merchant's rights -- Civil liability for shoplifting by adult or minor -- Criminal conviction not a prerequisite for civil liability -- Written notice required for penalty demand. (1) As used in this section: "Merchandise" has the same meaning as provide…

78B-3-109. Right to life -- State policy -- Act or omission preventing abortion not actionable -- Failure or refusal to prevent birth not a defense. (1) The Legislature finds and declares that it is the public policy of this state to encourage all persons to respect the right to …

78B-3-110. Defense to civil action for damages resulting from commission of crime. (1) A person may not recover from the victim of a crime for personal injury or property damage if: the person entered the property of the victim or the victim's family with criminal intent and the …

78B-3-1101. Definitions. As used in this part: (1) "Account holder" means the same as that term is defined in Section. 13-71-101 (2) "Adverse mental health outcome" means a condition affecting a minor's mental health that is: diagnosable by a licensed mental health care provider;…

78B-3-1102. Legislative findings. The Legislature finds that: (1) social media services utilize curation algorithms and engagement driven design elements to maximize user engagement; (2) minors are particularly vulnerable to manipulation by the use of curation algorithms and enga…

78B-3-1103. Private right of action. (1) A Utah minor account holder or a Utah minor account holder's parent may bring a cause of action against a social media company in court for an adverse mental health outcome arising, in whole or in part, from the minor's excessive use of th…

78B-3-1104. Affirmative defense. (1) A person is not entitled to the rebuttable presumption described in Subsection, and a social media company is entitled to the rebuttable presumption described in Subsection, if the social media company demonstrates to the court that the social…

78B-3-1105. Waiver prohibited. A waiver or limitation, or a purported waiver or limitation, of any of the following is void as unlawful, is against public policy, and a court or arbitrator may not enforce or give effect to the waiver, notwithstanding any contract or choice-of-law…

78B-3-1106. Severability. (1) If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provi…

78B-3-111. Cause of action against attorney or law firm for referral fee -- Exceptions. (1) As used in this section: "Attorney" means an individual who is authorized to provide legal services in any state or territory of the United States. "Client" means an individual who is prov…

78B-3-112. Action for mistaken or fraudulent transaction on a reversible blockchain. (1) As used in this section: "Blockchain" means a digital ledger of transactions: that is distributed across multiple nodes; that is mathematically verified; and where the validity of transaction…

78B-3-113. Right of action for a victim of a human trafficking offense. (1) As used in this section: "Human trafficking offense" means an offense for: human trafficking for labor under Section; 76-5-308 human trafficking for commercial sexual exploitation under Section; 76-5-308.…

78B-3-1201. Definitions. As used in this part: (1) "Healthcare industry" means the economic sector composed of entities, organizations, services, individuals, and professionals involved in providing medical care and support to individuals, including maintaining and improving publ…

78B-3-1202. Requirements for liability for exposure to ethylene oxide -- Limitation on liability. Notwithstanding any other provision of law, and except as otherwise provided in this part, no person engaged in business in the healthcare industry shall be liable in any ethylene ox…

78B-3-1203. Claim procedures -- Pleading requirements. In any ethylene oxide-related action: (1) the complaint shall: plead each element of the plaintiff's claim with particularity; and plead each alleged act or omission constituting gross negligence or willful misconduct that re…

78B-3-1204. Application and preemption -- Exclusive cause of action -- Transition clause -- Preemption of other law -- Workers' compensation applicability not affected. (1) This part creates an exclusive cause of action for ethylene oxide exposure actions. (2) A plaintiff may pre…

78B-3-1301. Definitions for part. As used in this part: (1) "Americans with Disabilities Act" means the same as that term is defined in Section. 78B-8-701 (2) "Attorney" means the same as that term is defined in Section. 78B-3-111 (3) "Business organization" means the same as tha…

78B-3-1302. Action for determination of abuse -- Rebuttable presumptions -- Damages. (1) A defending party has a right of action against a filing party who initiated a website access lawsuit against the defending party if the website access lawsuit is abusive. The attorney genera…

78B-3-1401. Definitions for part. Reserved.

78B-3-1402. Alienation of affections. There is no right of action for alienation of affections.

78B-3-201. Title -- Purpose. (1) This part is known as the "Nonresident Jurisdiction Act." (2) It is declared, as a matter of legislative policy, that the public interest demands the state provide its citizens with an effective means of redress against nonresident persons, who, t…

78B-3-202. Definitions. As used in this part: (1) The words "any person" mean any individual, firm, company, association, or corporation. (2) The words "transaction of business within this state" mean activities of a nonresident person, his agents, or representatives in this stat…

78B-3-204. Effect of failure to appoint registered agent -- Service of process upon nonresident. If a nonresident person doing business fails to appoint a registered agent within the state in accordance with, service of process may be made by serving any person employed by or act…

78B-3-204. Effect of failure to appoint registered agent -- Service of process upon nonresident. If a nonresident person doing business fails to appoint a registered agent within the state in accordance with Title 16, Chapter 1a, Part 4, Registered Agent of an Entity, service of …

78B-3-205. Acts submitting person to jurisdiction. Notwithstanding Section, any person or personal representative of the person, whether or not a citizen or resident of this state, who, in person or through an agent, does any of the following enumerated acts is subject to the jur…

78B-3-205. Acts submitting person to jurisdiction. Notwithstanding Section, any person or personal representative of the person, whether or not a citizen or resident of this state, who, in person or through an agent, does any of the following enumerated acts is subject to the jur…

78B-3-206. Service of process. (1) Service of process on any party outside the state may be made pursuant to the applicable provisions of Rule 4 of the Utah Rules of Civil Procedure. (2) Service of summons and of a copy of the complaint, if any, may also be made upon any person l…

78B-3-207. Only claims arising from enumerated acts may be asserted. Only claims arising from acts enumerated in this part may be asserted against a defendant in an action in which jurisdiction over him is based upon this part.

78B-3-208. Default judgments. (1) A default judgement may not be entered until the expiration of at least 30 days after service. (2) A default judgment entered on service may be set aside only on a showing which would be timely and sufficient to set aside a default judgment enter…

78B-3-209. When exercisable. Subject to the applicable statute of limitations, jurisdiction established under this part may be exercised regardless of when the claim arose.

78B-3-401. Title. This part shall be known and may be cited as the "Utah Health Care Malpractice Act."

78B-3-402. Legislative findings and declarations -- Purpose of act. (1) The Legislature finds and declares that the number of suits and claims for damages and the amount of judgments and settlements arising from health care has increased greatly in recent years. Because of these …