Title 78B, Title 78B: Judicial Code

78B-6-1245. Lien for costs and expenses advanced by one for benefit of all. (1) The court shall allow expenses incurred, including attorney fees, in prosecuting or defending other actions or proceedings by any one of the tenants in common for the protection, confirmation or perfe…

78B-6-1246. Abstract of title -- Costs and inspection. (1) If the court determines that it was necessary to have an abstract of the title to the property to be partitioned created and the abstract has been procured by a party to the proceeding, the cost of the abstract, with inte…

78B-6-1247. Interest on advances to be allowed. Any disbursement made by a party under the direction of the court during the action shall accrue interest from the date it is made.

78B-6-1270. Definitions. As used in this part: (1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (2) "Collateral" means an individual who is related to another individual under the law of intest…

78B-6-1271. Applicability -- Relation to other law. (1) This part applies to partition actions filed on or after May 4, 2022. (2) In an action to partition real property under, the court shall determine whether the property is heirs' property. Title 78B, Chapter 6, Part 12, Parti…

78B-6-1272. Service -- Notice by posting. (1) This part does not limit or affect the method by which service of a complaint in a partition action may be made. (2) If the plaintiff in a partition action files a notice by publication and the court determines that the property is he…

78B-6-1273. Referees. If the court appoints referees, each referee, in addition to the requirements and disqualifications applicable to referees in, shall be disinterested and impartial and not a party to or a participant in the action.

78B-6-1274. Determination of value. (1) Except as otherwise provided in Subsectionsand, if the court determines that the property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property by ordering an appraisal…

78B-6-1275. Cotenant buyout. (1) If any cotenant requests a partition by sale, after the determination of value under Section, the court shall send notice to the parties that any cotenant, except a cotenant that requested the partition by sale, may buy all the interests of the co…

78B-6-1276. Partition alternatives. (1) Except as provided in Subsection, a court shall order partition in kind if: (1)(b) all the interests of all cotenants that requested partition by sale are not purchased by other cotenants in accordance with Section; or 78B-6-1275 after conc…

78B-6-1277. Considerations for partition in kind. (1) In determining under Subsectionwhether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider: 78B-6-1276(1) whether the heirs' property practicably can be divided among the cot…

78B-6-1278. Open-market sale, sealed bids, or auction. (1) If the court orders a sale of heirs' property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the c…

78B-6-1279. Report of open-market sale. (1) Unless required to do so within a shorter time by, a broker appointed under Subsectionto offer heirs' property for open-market sale shall file a report with the court no later than seven days after the day on which the broker receives a…

78B-6-1280. Uniformity of application and construction. In applying and construing this part, consideration shall be given to the need to promote uniformity of this uniform law with respect to the subject matter of the uniform law among states that enact this uniform law.

78B-6-1281. Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of tha…

78B-6-1301. Quiet title -- Action to determine adverse claim to property. A person may bring an action against another person to determine rights, interests, or claims to or in personal or real property.

78B-6-1302. Definitions. As used in this part: (1) "Claimant" means a person who files a notice. (2) "Guarantee" means an agreement by a claimant to pay an amount of damages: specified by the court; suffered as a result of the maintenance of a notice; to a person with an interest…

78B-6-1303. Lis pendens -- Notice. (1) Any party to an action filed in the United States District Court for the District of Utah, the United States Bankruptcy Court for the District of Utah, a district court of this state, the Business and Chancery Court of this state, or the Con…

78B-6-1304. Motions related to a notice of pendency of an action. (1) Any time after a notice has been filed pursuant to Section, any of the following may make a motion to the court in which the action is pending to release the notice: 78B-6-1303 a party to the action; or a perso…

78B-6-1304.5. Civil liability for recording wrongful notice of pendency -- Damages. A person is liable to the record owner of real property, or to a person with a leasehold interest in the real property that is damaged by the maintenance of a notice of pendency, for $10,000 or fo…

78B-6-1305. Disclaimer or default by defendant -- Costs. The plaintiff may not recover costs of the action if: (1) the defendant disclaims in his answer any interest or estate in the property; or (2) allows judgment to be taken against him by refusing to answer.

78B-6-1306. Termination of title pending action -- Judgment -- Damages. If the plaintiff demonstrates a right to recover at the time the action is brought, but his right terminates during the pendency of the action, the verdict and judgment shall be according to the fact, and the…

78B-6-1307. Setoff or counterclaim for improvements made. If permanent improvements have been made by a defendant, or persons under whom the defendant claims in good faith, the value of the improvements, except improvements made upon mining property, shall be allowed as a setoff …

78B-6-1308. Right of entry pending action for purposes of action. The court in which an action is pending under this part or for damages for an injury to property may, on motion and upon notice to either party, for good cause shown, issue an order allowing a party the right to en…

78B-6-1309. Order for entry -- Liability for injuries. The order shall describe the property, and a copy served on the owner or occupant. The party may enter the property with necessary surveyors and assistants, and may take surveys and measurements. The party shall be liable for…

78B-6-1310. Mortgage not considered a conveyance -- Foreclosure necessary. A mortgage of real property may not be considered a conveyance which would enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.

78B-6-1311. Alienation pending action not to prejudice recovery. An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by the person, either before or after the commencement of the action.

78B-6-1312. Actions respecting mining claims -- Proof of customs and usage admissible. In actions respecting mining claims proof must be admitted of the customs, usages, or regulations established and in force in the district, bar, diggings, or camp in which the claim is located.…

78B-6-1313. Temporary injunction in actions involving title to mining claims. (1) The court may grant a postponement if: the court is satisfied that the delay is necessary for either or both parties to adequately prepare for trial; and the party requesting the postponement is not…

78B-6-1314. Service of summons and conclusiveness of judgment. If service of process is made upon unknown defendants by publication, the action shall proceed against the unknown persons in the same manner as against the defendants who are named and upon whom service is made by pu…

78B-6-1315. Judgment on default -- Court must require evidence -- Conclusiveness of judgment. (1) If the summons has been served and the time for answering has expired, the court shall proceed to hear the cause as in other cases. (2) The court may examine and determine the legali…

78B-6-1501. Title. This part is known as the "Structured Settlement Protection Act."

78B-6-1502. Definitions. For purposes of this part: (1) "Annuity issuer" means an insurer that has issued a contract to fund periodic payments under a structured settlement. (2) "Dependents" include: a payee's spouse; a payee's minor children; and all other persons for whom the p…

78B-6-1503. Required disclosures to payee. Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 point, setting forth: (1) the amounts and …

78B-6-1504. Approval of transfers of structured settlement payment rights. Direct or indirect transfer of structured settlement payment rights may not be effective and a structured settlement obligor or annuity issuer may not be required to make any payment directly or indirectly…

78B-6-1505. Effects of transfer of structured settlement payment rights. Following a transfer of structured settlement payment rights under this chapter: (1) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and…

78B-6-1506. Procedure for approval of transfers. (1) An application under this part for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structure…

78B-6-1507. General provisions -- Construction. (1) The provisions of this part may not be waived by any payee. (2) Any transfer agreement entered into on or after May 6, 2002 by a payee who resides in this state shall provide that disputes under the transfer agreement, including…

78B-6-1508. Effective date. This part shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after May 6, 2002; provided, however, that nothing contained in this part shall imply that any transfer under a transfer agreeme…

78B-6-1601. Title. This part is known as the "Social Host Liability Act."

78B-6-1602. Definitions. As used in this part: (1) "Alcoholic beverage" is as defined in Section. 32B-1-102 (2) "Emergency response provider" means an individual providing services on behalf of: a law enforcement agency; a fire suppression agency; or another agency or a political…

78B-6-1603. Citation -- Civil penalty. (1) An individual may not knowingly conduct, aid, or allow an underage drinking gathering. (2) A law enforcement officer may issue a written citation to an individual who violates Subsection. (1) (3) An individual issued a citation under thi…

78B-6-1604. Collection of civil penalty. (1) A local entity shall mail a notice of the civil penalty amount for which an individual is liable by first-class or certified mail within 14 days of the day after which a citation is issued under Section. The notice shall contain the fo…

78B-6-1605. Reservation of legal options -- Ordinances. (1) This part may not be construed as a waiver by a local entity of a right to seek reimbursement for actual costs of response services through another legal remedy or procedure. The procedure provided for in this part is in…

78B-6-1606. Appeals. An individual upon whom is imposed a civil penalty under this part may appeal the imposition of the civil penalty pursuant to the procedures used by the local entity for appealing a traffic citation or a violation of an ordinance.

78B-6-1701. Cause of action for identity theft. (1) A petitioner who has been injured by a violation of Section, Identity Fraud, or Section, Communications Fraud, may recover from the perpetrator: 76-6-1102 76-6-525 compensatory damages in the amount of $1,000 or up to three time…