Title 78B, Title 78B: Judicial Code

78B-5-103. Court to decide questions of law. All questions of law, including the admissibility of evidence, the facts preliminary to admission, the construction of statutes and other writings, the application of the rules of evidence, and all discussions of law are to be addresse…

78B-5-201. Definitions -- Judgment recorded in Registry of Judgments. (1) As used in this part: "Judgment" includes a civil judgment of restitution or a civil account receivable, as those terms are defined in Section. 77-32b-102 "Registry of Judgments" means the index where a jud…

78B-5-202. Duration of judgment -- Judgment as a lien upon real property -- Abstract of judgment -- Small claims judgment not a lien -- Appeal of judgment -- Child support orders. (1) Judgments shall continue for eight years from the date of entry in a court unless previously sat…

78B-5-203. Judgment against party dying after verdict or decision. If a party dies after a verdict or decision upon any issue of fact, and before judgment, the judgment is not a lien on the real property of the deceased party, but is payable in the course of the administration of…

78B-5-204. Judgment against sheriff -- When conclusive against sureties on indemnity bond. If an action is brought against a sheriff for an act done by virtue of his office and he gives written notice to the sureties on any bond of indemnity received by him, the judgment recovere…

78B-5-205. Judgment by confession authorized. A judgment by confession may be entered without action, either for money due or to become due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by law. The judgment may …

78B-5-206. Mileage allowance for judgment debtor required to appear. (1) A judgment debtor legally required to appear before a district court, the Business and Chancery Court, or the Constitutional Court, to answer concerning the debtor's property is entitled, on a sufficient sho…

78B-5-301. Title. This part is known as the "Utah Foreign Judgment Act."

78B-5-302. Definition -- Filing of foreign judgments -- Postjudgment interest rate -- Status of foreign judgments. (1) As used in this part, "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court whose acts are entitled to fu…

78B-5-303. Notice of filing. (1) The judgment creditor or attorney for the creditor, at the time of filing a foreign judgment, shall file an affidavit with the clerk of the district court stating the last known post-office address of the judgment debtor and the judgment creditor.…

78B-5-304. Stay. (1) If an appeal from a foreign judgment is pending, the time for appeal has not expired, or a stay of execution has been granted, the court, upon proof that the judgment debtor has furnished security for satisfaction of the judgment in the state in which the jud…

78B-5-305. Lien. (1) A foreign judgment entered in a district court under this part becomes a lien as provided in Sectionif: 78B-5-202 a stay of execution has not been granted; the requirements of this chapter are satisfied; and the judgment is recorded in the office of the count…

78B-5-306. Optional procedure. This part may not be construed to impair a judgment creditor's right to bring an action in this state to enforce the creditor's judgment.

78B-5-307. Uniformity of interpretation. This part shall be construed to effectuate the general purpose to make uniform the law of those states which enact it.

78B-5-320. Grounds for nonrecognition of libel judgments. A judgment obtained in a foreign jurisdiction may be considered nonrecognizable and unenforceable by the courts of this state if: (1) the judgment was obtained in a jurisdiction outside the United States; (2) the judgment …

78B-5-321. Foreign libel judgment. For the purposes of applying, to this part, the courts of this state may not make the determination in Sectionunless the person attempting to enforce the judgment submits to personal jurisdiction and the person against whom the judgment is being…

78B-5-322. Application. This part applies to all foreign libel judgments filed for enforcement or recognition in this state.

78B-5-401. Title. This part is known as the "Uniform Foreign-Money Claims Act."

78B-5-402. Definitions. As used in this part: (1) "Action" means a judicial proceeding or arbitration in which a money payment may be awarded or enforced in respect of a foreign-money claim. (2) "Conversion date" means the banking day next before the date on which money is, in ac…

78B-5-403. Scope. (1) This part applies only to a foreign-money claim in an action or distribution proceeding. (2) This part applies to foreign-money issues notwithstanding the law applicable under the conflict of laws rules of this state to other issues in the action or distribu…

78B-5-404. Variation by agreement. (1) The effect of provisions of this part may be varied by agreement of the parties made at any time before or after commencement of an action, distribution proceeding, or the entry of judgment. (2) The parties may agree upon the money to be use…

78B-5-405. Determining the money of the claim. (1) Except as provided by Subsection, the proper money of the claim is, as in each case may be appropriate, the money: (2) regularly used between the parties as a matter of usage or course of dealing; used at the time of a transactio…

78B-5-406. Determining the amount of the money of certain contract claims. (1) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. (2) If an amount contracted to …

78B-5-407. Asserting and defending a foreign-money claim. (1) A claimant may assert a claim in a specified foreign money. If a foreign money is not asserted, the claimant makes a claim for a judgment in United States dollars. (2) An opposing party may allege and prove the claim i…

78B-5-408. Judgments and awards on foreign-money claims -- Time of money conversion -- Form of judgment. (1) Except as provided in Subsection, a judgment or arbitration award on a foreign-money claim must be stated in an amount of the money of the claim. (3) (2) The judgment or a…

78B-5-409. Conversions of foreign money in a distribution proceeding. The rate of exchange prevailing at or near the closing of business on the day the proceeding is initiated shall govern all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a …

78B-5-410. Prejudgment and judgment interest. (1) With respect to a foreign-money claim, recovery of prejudgment interest and the rate of interest to be applied in the action or distribution proceeding are matters of the substantive law governing the right to recovery under the c…

78B-5-411. Enforcement of foreign judgments. (1) Subject to Subsectionsand, if an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment shall be entered as p…

78B-5-412. Temporarily determining the United States dollar value of foreign-money claims for limited purposes. (1) For the limited purpose of facilitating the enforcement of provisional remedies in an action: the value in United States dollars of assets to be seized or restraine…

78B-5-413. Effect of currency revalorizations. (1) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or in…

78B-5-414. Supplementary general principles of law. Unless displaced by particular provisions of this part, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress,…

78B-5-415. Uniformity of application and construction. This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it.

78B-5-416. Application. This part applies to actions and distribution proceedings commenced after April 23, 1990.

78B-5-450. Title. This part is known as the "Uniform Foreign-Country Money Judgments Recognition Act."

78B-5-451. Definitions. As used in this part: (1) "Foreign country" means a government other than: the United States; a state, district, commonwealth, territory, or insular possession of the United States; or any other government with regard to which the decision in this state as…

78B-5-452. Applicability. (1) Except as otherwise provided in Subsection, this part applies to a foreign-country judgment to the extent that the judgment: (2) grants or denies the recovery of a sum of money; and under the law of the foreign country where rendered, is final, concl…

78B-5-453. Standards for recognition of foreign-country judgment. (1) Except as otherwise provided in Subsectionsand, a court of this state shall recognize a foreign-country judgment to which this part applies. (2) (3) (2) A court of this state may not recognize a foreign-country…

78B-5-454. Personal jurisdiction. (1) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: the defendant was served with process personally in the foreign country; the defendant voluntarily appeared in the proceeding, except for the purp…

78B-5-455. Procedure for recognition of foreign-country judgment. (1) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. (2) If recognition…

78B-5-456. Effect of recognition of foreign-country judgment. If the court in a proceeding under Sectionfinds that the foreign-country judgment is entitled to recognition under this part, the foreign-country judgment, to the extent that the foreign-country judgment grants or deni…

78B-5-457. Stay of proceedings pending appeal of foreign-country judgment. If a party establishes that an appeal from a foreign-country judgment is pending or an appeal will be taken, the court may stay any proceedings with regard to the foreign-country judgment until: (1) the ap…

78B-5-458. Statute of limitations. An action to recognize a foreign-country judgment shall be commenced within the earlier of: (1) the time during which the foreign-country judgment is effective in the foreign country; or (2) 15 years from the day on which the foreign-country jud…

78B-5-459. Uniformity of interpretation. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of the uniform act among states that enact the uniform act.

78B-5-460. Saving clause. This part does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this part.

78B-5-461. Application to future actions. This part applies to all actions commenced on or after May 12, 2020, in which the issue of recognition of a foreign-country judgment is raised.

78B-5-501. Title. This part is known as the "Utah Exemptions Act."