Title 78B, Title 78B: Judicial Code

78B-6-603. Recommitment after discharge forbidden -- Exceptions. A person who has been discharged by order of the court or judge upon habeas corpus may not be imprisoned again, restrained, or kept in custody for the same cause, except in the following cases: (1) if the person has…

78B-6-604. Refusing to exhibit authority for detention -- Penalty. A person who refuses to deliver a copy of the legal process by which the person detains the plaintiff in custody to anyone who demands a copy for the purpose of filing a writ of habeas corpus is liable to the plai…

78B-6-605. Penalties for wrongful acts of defendant. (1) A defendant, officer, or other person is guilty of a class B misdemeanor and liable to the injured party in an amount not to exceed $5,000 if: the defendant attempts to evade the service of the writ of habeas corpus; or an …

78B-6-606. Judgment of removal -- Costs -- Penalty by fine where state is party. If a defendant is found guilty of usurping, intruding into or unlawfully holding or exercising an office, franchise, or privilege, the court shall order the defendant removed from the office, and tha…

78B-6-607. Judgment against director of corporation -- Of induction in favor of person entitled. When the action is against a director of a corporation, and the court finds that, at the election, either illegal votes were received or legal votes were rejected, or both, sufficient…

78B-6-608. Action for damages because of usurpation -- Limitation of action. A person may, at any time within one year after the date of an order for removal, bring an action against the party removed under the provisions of Sectionorand recover the damages sustained by the usurp…

78B-6-609. Mandamus and prohibition -- Judgment. In any proceeding to obtain a writ of mandate or prohibition, if judgment is given for the applicant, he may recover the damages which were sustained, as found by the jury, or determined by the court, or referees upon a reference, …

78B-6-610. Disobedience of writ -- Punishment. When a peremptory writ of mandate or writ of prohibition has been issued and directed to an inferior tribunal, corporation, board, or person, and the court determines that any member of the tribunal, corporation, board, or person upo…

78B-6-701. Title. This part is known and may be cited as the "Utah Product Liability Act."

78B-6-702. Definitions. As used in this part: (1) "ADS-equipped vehicle" means the same as that term is defined in Section. 41-26-102.1 (2) "Automated driving system" means the same as that term is defined in Section. 41-26-102.1 (3) "State of the art knowledge" means the technic…

78B-6-703. Defect or defective condition making product unreasonably dangerous -- Rebuttable presumption. (1) In any action for damages for personal injury, death, or property damage allegedly caused by a defect in a product other than an ADS-dedicated vehicle or an ADS-equipped …

78B-6-704. Prayer for damages. No dollar amount shall be specified in the prayer of a complaint filed in a product liability action against a product manufacturer, wholesaler or retailer. The complaint shall merely pray for such damages as are reasonable in the premises.

78B-6-705. Alteration or modification of product after sale as substantial contributing cause -- Manufacturer or seller not liable. For purposes of Section, fault shall include an alteration or modification of the product, which occurred subsequent to the sale by the manufacturer…

78B-6-706. Statute of limitations. A civil action under this part shall be brought within two years from the time the individual who would be the claimant in the action discovered, or in the exercise of due diligence should have discovered, both the harm and its cause.

78B-6-707. Indemnification provisions void and unenforceable. Any clause in a sales contract or collateral document that requires a purchaser or end user of a product to indemnify, hold harmless, or defend a manufacturer of a product is contrary to public policy and void and unen…

78B-6-708. State of the art affirmative defense against product liability for an automated driving system. In an action based upon defective design, manufacture, or failure to warn related to the automated driving system of an ADS-dedicated vehicle or an ADS-equipped vehicle that…

78B-6-801. Definitions. (1) "Commercial tenant" means any tenant who may be a body politic and corporate, partnership, association, or company. (2) "Constable" means an individual acting at the direction of: a city, as described in Section; or 10-7-87 a county, as described in Ti…

78B-6-802. Unlawful detainer by tenant for a term less than life. (1) A tenant holding real property for a term less than life is guilty of an unlawful detainer if the tenant: continues in possession, in person or by subtenant, of the property or any part of the property, after t…

78B-6-802.5. Unlawful detainer after foreclosure or forced sale. A previous owner, trustor, or mortgagor of a property is guilty of unlawful detainer if the person: (1) defaulted on his or her obligations resulting in disposition of the property by a trustee's sale or sheriff's s…

78B-6-803. Right of tenant of agricultural lands to hold over. In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the …

78B-6-804. Remedies available to tenant against undertenant. A tenant may take proceedings similar to those prescribed in this part to obtain possession of premises let to an undertenant in case of the undertenant's unlawful detention of the premises.

78B-6-805. Notice -- How served. (1) A notice required by this part may be served: by delivering a copy to the tenant personally or, if the tenant is a commercial tenant, by delivering a copy to the commercial tenant's usual place of business by leaving a copy of the notice with …

78B-6-806. Necessary defendant. (1) No person other than the tenant of the premises, a lease signer, and subtenant if there is one in the actual occupation of the premises when the action is commenced, may be made a party defendant in the proceeding, except as provided in Section…

78B-6-807. Allegations permitted in complaint -- Time for appearance -- Service. (1) The plaintiff, in the plaintiff's complaint: shall set forth the facts on which the plaintiff seeks to recover; may set forth any circumstances of fraud, force, or violence that may have accompan…

78B-6-808. Possession bond of plaintiff -- Alternative remedies. (1) At any time between the filing of the complaint and the entry of final judgment, the plaintiff may execute and file a possession bond. The bond may be in the form of a corporate bond, a cash bond, certified fund…

78B-6-809. Proof required of plaintiff -- Defense. (1) On the trial of any proceeding for any forcible entry or forcible detainer the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that the plaintiff was in actual p…

78B-6-810. Court procedures. (1) In an action under this chapter in which the tenant remains in possession of the property: the court shall expedite the proceedings, including the resolution of motions and trial; the court shall begin the trial within 60 days after the day on whi…

78B-6-811. Judgment for restitution, damages, and rent -- Immediate enforcement -- Remedies. (1) A court may: enter a judgment upon the merits or upon default; and issue an order of restitution regardless of whether a judgment is entered. A judgment entered in favor of the plaint…

78B-6-812. Order of restitution -- Service -- Enforcement -- Disposition of personal property -- Hearing. (1) As used in this section: "Personal animal" means a domestic dog, cat, rabbit, bird, or other animal that is kept solely as a pet and is not a production animal. "Producti…

78B-6-813. Time for appeal. (1) Except as provided in Subsection, either party may, within 10 days, appeal from the judgment rendered. (2) (2) In a private nuisance action described in Section, any party may appeal from the judgment rendered within three days. 78B-6a-303

78B-6-814. Exclusion of tenant without judicial process prohibited -- Abandoned premises excepted. It is unlawful for an owner to willfully exclude a tenant from the tenant's premises in any manner except by judicial process, provided, an owner or his agent shall not be prevented…

78B-6-815. Abandonment. (1) Abandonment is presumed in either of the following situations: The tenant has not notified the owner that the tenant will be absent from the premises, and the tenant fails to pay rent within 15 days after the due date, and there is no reasonable eviden…

78B-6-816. Abandoned premises -- Retaking and rerenting by owner -- Liability of tenant -- Personal property of tenant left on premises. (1) In the event of abandonment, the owner may retake the premises and attempt to rent them at a fair rental value and the tenant who abandoned…

78B-6-817. Limited alternative remedy to remove a trespasser from real property. (1) An owner of real property, or the property owner's authorized agent, may request that law enforcement of the appropriate jurisdiction in which the real property is located, immediately remove a t…

78B-6-850. Definitions. As used in this part: (1) "Agency" means a state, county, or local government entity that generates or maintains records relating to an unlawful detainer action. (2) "Eviction" means a cause of action for unlawful detainer under. Part 8, Forcible Entry and…

78B-6-851. Stipulation to expungement by parties. All parties to an eviction may stipulate in a settlement agreement to the expungement of an eviction.

78B-6-852. Automatic expungement of eviction. (1) Without the filing of a petition, a court shall order expungement of all records of an eviction if: the entire case was dismissed; there is no appeal pending for the case; and at least three years have passed from the day on which…

78B-6-853. Expungement by petition for eviction -- Venue -- Objection. (1) Any party to an eviction may petition the court to expunge all records of the eviction if: the eviction was for: remaining after the end of the lease as described in Subsection; or 78B-6-802(1)(a) the nonp…

78B-6-854. Notice of expunged eviction -- Tenant screening agency -- Effect of expungement. (1) The Administrative Office of the Courts shall publish a list on the Utah Courts' website that provides notice of any eviction expunged under this section. Within 30 days from the day o…

78B-6-901. Form of action -- Judgment -- Special execution. (1) There is only one action for the recovery of any debt, or the enforcement of any right, secured solely by mortgage upon real estate and that action shall be in accordance with the provisions of this chapter. (2) A ju…

78B-6-901.5. Notice to tenant on residential property to be foreclosed. (1) As used in this section, "residential rental property" means property on which a mortgage was given to secure an obligation the stated purpose of which is to finance residential rental property. (2) Withi…

78B-6-902. Deficiency judgment -- Execution. If it appears that the proceeds of the sale are insufficient and a balance still remains due, the judgment shall be docketed by the clerk and execution may be issued for the balance as in other cases. A general execution may not be iss…

78B-6-903. Necessary parties -- Unrecorded rights barred. A person holding a conveyance from or under the mortgagor or having a lien on the property, neither of which is properly documented or recorded in the proper office at the time of the commencement of the action, is not req…

78B-6-904. Sales -- Disposition of surplus money. If there is surplus money remaining after payment of the amount due on the mortgage, lien or encumbrance, with costs, the court may order the amount paid to the person entitled to it. In the meantime the court may direct it to be …

78B-6-905. Sales -- When debt due in installments. If the debt for which the mortgage, lien, or encumbrance is held is not all due, then as soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease. As often as more becomes due on pri…

78B-6-906. Right of redemption -- Sales by parcels -- Of land and water stock. (1) Sales of real estate under judgments of foreclosure of mortgages and liens are subject to redemption as in case of sales under executions generally. (2) In all cases where the judgment directs the …