Title 78B, Title 78B: Judicial Code

78B-5-604. Certificate of location or purchase of public lands of United States as evidence. A certificate of purchase or of location of any lands in this state, issued or made in pursuance of any law of the United States, is prima facie evidence that the holder or assignee of th…

78B-5-605. Histories, scientific books, maps, and charts as evidence. Historical works, books of science or art, and published maps or charts, when made or published by persons having no interest in a proceeding, are prima facie evidence of facts of general notoriety and interest…

78B-5-606. Certificate of acknowledgment as evidence of execution. Private writings, except last wills and testaments, may be acknowledged or proved, and certified in the manner provided for the acknowledgment or proof of conveyances of real property. The certificate of acknowled…

78B-5-607. When entries and writings of a decedent are prima facie evidence. The entries and other writings of a decedent made at or near the time of the transaction, and when the decedent was in a position to know the facts stated in the entry, may be read as prima facie evidenc…

78B-5-608. Writings -- How proved. A writing may be proved either: (1) by any one who saw the writing executed; (2) by evidence of the genuineness of the handwriting of the maker; or (3) by a subscribing witness.

78B-5-609. Proof of execution when subscribing witness denies or forgets. If the subscribing witness denies or does not recollect the execution of the writing, its execution may still be proved by other evidence.

78B-5-610. When unnecessary. If the evidence shows that the party against whom the writing is offered has at any time admitted its execution, no other evidence of the execution need be given if the instrument is one produced from the custody of the adverse party and has been acte…

78B-5-611. Proof of wills. A last will and testament, except a nuncupative will, is invalid, unless it is in writing and executed in accordance with. When a will is to be shown, the instrument itself shall be produced, or secondary evidence of its contents given.

78B-5-612. Proof of instruments affecting real estate. An instrument conveying or affecting real property, acknowledged, or proved and certified as provided by law, may, together with the certificate of acknowledgment or proof, be read in evidence in an action or proceeding, with…

78B-5-613. Proof of publication of document, notice, or order. (1) If a court or judge orders a document or notice published in a newspaper, evidence of the publication shall be made by affidavit of the publisher, the publisher's foreman, or principal clerk with a copy of the pub…

78B-5-614. Filing of affidavit -- Original or certified copy as evidence. If an affidavit is made in an action or special proceeding pending in a court, it may be filed with the court or clerk of the court. If not made in an action or special proceeding pending in a court, it may…

78B-5-615. Parol evidence of contents of writings -- When admissible. (1) The contents of a writing shall be proved by the original writing unless: the original has been lost or destroyed, in which case proof of the loss or destruction shall be made first; the original is in the …

78B-5-616. Business record -- Admissibility -- Weight. (1) As used in this section, "business" includes business, profession, occupation, and calling of every kind. (2) A writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of …

78B-5-617. Writings bearing obvious alterations -- Explanation required. (1) The party producing as genuine a writing which has been altered, or appears to have been altered after its execution in a part material to the question in dispute must account for the appearance of alter…

78B-5-618. Patient access to medical records -- Third-party access to medical records -- Medical records services -- Fees -- Standard form. (1) As used in this section: "Force majeure event" means an event or circumstance beyond the control of the health care provider or the heal…

78B-5-619. Access to medical records of deceased patient. For purposes of Section, and 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually Identifiable Health Information, a health care provider with medical records of a deceased person may recognize the deceased …

78B-5-620. Calibration certificates for breathalizers. (1) As used in this section: "Breathalizer" means any device used by a law enforcement agency which utilizes a person's breath to estimate blood alcohol content. "Calibration" means the manual setting of specific levels on a …

78B-5-701. Taking of affidavits in this state. An affidavit to be used before any court, judge, or officer of this state may be taken before any judge, the clerk of any court, any justice court judge, or any notary public in this state.

78B-5-702. Taking of affidavits in another state. An affidavit taken in another state or territory of the United States, to be used in this state, may be taken before a commissioner appointed by the governor of this state to take affidavits and depositions in another state or ter…

78B-5-703. Taking of affidavits in foreign country. An affidavit taken in a foreign country, to be used in this state, may be taken before an ambassador, minister, consul, vice consul or consular agent of the United States, or before any judge of a court of record having a seal, …

78B-5-704. Certification of affidavits taken before foreign court or judge. When an affidavit is taken before a judge or court in another state or territory, or in a foreign country, the genuineness of the signature of the judge, the existence of the court, and the fact that the …

78B-5-801. Public and private statutes defined. Statutes are public and private. A private statute is one which concerns only certain designated individuals, and affects only their private rights. All other statutes are public, in which are included statutes creating or affecting…

78B-5-802. Tender -- Offer in writing sufficient -- Objection -- Must be specific or waived. (1) An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tend…

78B-5-803. Receipt may be demanded as condition to payment or deposit. A person who pays money, or delivers an instrument or property, is entitled to a receipt from the person to whom the payment or delivery is made, and may demand a proper signature to the receipt as a condition…

78B-5-804. Money deposited in court. (1) Any person depositing money in court, to be held in trust, shall pay it to the court clerk. The clerk shall deposit the money in a court trust fund or with the county treasurer or city recorder to be held subject to the order of the court.…

78B-5-805. State, state officers, and political subdivisions not required to give bond. (1) In any civil action or proceeding in which the state is a party plaintiff, or any state officer in an official capacity or on behalf of the state, or any county or city or other public cor…

78B-5-806. Payment of costs by state. When a state is a party and costs are awarded against it, the costs shall be paid out of the state treasury. The auditor shall draw a warrant on the General Fund for payment.

78B-5-807. Payment of costs by county. When a county is a party and costs are awarded against it, the costs shall be paid out of the county treasury.

78B-5-808. Salaries of public officers subject to garnishment. The state and any subdivision, agency, or institution of the state which has in its possession or under its control any credits or other personal property of, or owing any debt to, the defendant in any action, whether…

78B-5-809. Service of process. Process for a garnishment under Sectionshall be served only upon the auditor of the legal subdivision garnished. If there is no auditor, then process shall be served on the clerk of the subdivision, agency, or institution. The answer of the auditor …

78B-5-810. Sureties on stay bonds entitled to subrogation. If a surety on an appeal executed to stay proceedings upon a money judgment pays the judgment, either with or without action, after its affirmance by the appellate court, the surety is subrogated to the rights of the judg…

78B-5-811. Provisions as to depositions made applicable to nonjudicial proceedings. The provisions of law relating to the taking of depositions in actions pending before the courts of this state are applicable to commissions, boards and officers authorized to subpoena witnesses a…

78B-5-812. Release or settlement of personal injury claim -- When voidable. (1) Any release of liability or settlement agreement entered into within a period of 15 days from the date of an occurrence causing physical injury to any person, or entered into prior to the initial disc…

78B-5-813. Statement of injured person -- When inadmissible as evidence. Except as otherwise provided in Sectionsthrough, any statement, either written or oral, obtained from an injured person within 15 days of an occurrence or while the person is confined in a hospital or sanita…

78B-5-814. Release, settlement, or statement by injured person -- When rescission or disavowal provisions inapplicable. Sectionsthroughdo not apply if at least five days prior to signing the settlement agreement, liability release, or statement, the injured person signed a statem…

78B-5-815. Release, settlement, or statement by injured person -- Notice of rescission or disavowal. Notice of cancellation or notice disavowing a statement, if given by mail, is given when it is deposited in a mailbox, properly addressed with postage prepaid. Notice of cancellat…

78B-5-816. Right of rescission or disavowal of release, settlement, or statement by injured person in addition to other provisions. The rights provided by Sectionsthroughare intended to be in addition to, and not in lieu of, any rights of rescission, rules of evidence, or provisi…

78B-5-817. Definitions. As used in Sectionsthrough: (1) "Defendant" means a person, other than a person immune from suit as defined in Subsection, who is claimed to be liable because of fault to any person seeking recovery. (3) (2) "Fault" means any actionable breach of legal dut…

78B-5-818. Comparative negligence. (1) The fault of a person seeking recovery may not alone bar recovery by that person. (2) A person seeking recovery may recover from any defendant or group of defendants whose fault, combined with the fault of persons immune from suit and nonpar…

78B-5-819. Separate special verdicts on total damages and proportion of fault. (1) The trial court may, and when requested by any party shall, direct the jury, if any, to find separate special verdicts determining the total amount of damages sustained and the percentage or propor…

78B-5-820. Amount of liability limited to proportion of fault -- No contribution. (1) Subject to Section, the maximum amount for which a defendant may be liable to any person seeking recovery is that percentage or proportion of the damages equivalent to the percentage or proporti…

78B-5-821. Joinder of defendants. (1) A person seeking recovery, or any defendant who is a party to the litigation, may join as a defendant, in accordance with the Utah Rules of Civil Procedure, any person other than a person immune from suit alleged to have caused or contributed…

78B-5-822. Release to one defendant does not discharge other defendants. A release given by a person seeking recovery to one or more defendants does not discharge any other defendant unless the release so provides.

78B-5-823. Effect on immunity, exclusive remedy, indemnity, and contribution. Nothing in Sectionsthroughaffects or impairs any common law or statutory immunity from liability, including, but not limited to, governmental immunity as provided in, and the exclusive remedy provisions…

78B-5-824. Personal injury judgments -- Interest authorized. (1) In all actions brought to recover damages for personal injuries sustained by any person, caused by the negligence or willful intent of another person, corporation, association, or partnership, and whether the injury…

78B-5-825. Award of reasonable attorney fees in civil action -- Exceptions. (1) Except as provided in Subsection, the court shall award reasonable attorney fees to a prevailing party in a civil action if the court determines that: (3) the nonprevailing party's civil action, or de…