Title 78B, Title 78B: Judicial Code

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 …

78B-6-907. Restraining possessor from injuring property. The court or judge may upon a showing of good cause enjoin the party in possession of the property from doing any act to injure the property during the foreclosure of a mortgage on it, or after a sale on execution.

78B-6-908. Attorney fees. (1) In all cases of foreclosure when an attorney's fee is claimed by the plaintiff, the amount shall be fixed by the court. No other or greater amount shall be allowed or decreed than the sum which shall appear by the evidence to be actually charged by a…

78B-6-909. Environmental impairment to real property security interest -- Remedies of lender. (1) As used in this section: "Borrower" means: the trustor under a deed of trust, or a mortgagor under a mortgage, when the deed of trust or mortgage encumbers real property security and…

78B-6a-101. Definitions for chapter. As used in this chapter: (1) "Agricultural operation" means the commercial production of crops, orchards, livestock, poultry, aquaculture, livestock products, or poultry products. "Agricultural operation" includes: the real property where the …

78B-6a-102. Abrogation of common law nuisance -- Exception -- Reporting requirement. (1) Except as provided in Subsection, this chapter abrogates any common law civil right of action for a public nuisance or a private nuisance in this state. (2) Subsectiondoes not abrogate a comm…

78B-6a-103. Award of costs and attorney fees. (1) The court may award costs, including the costs of investigation and discovery, and reasonable attorney fees, which are not compensated for in accordance with another provision of law, to the prevailing party in any case in which a…

78B-6a-104. Violation of order enjoining a public or private nuisance -- Civil penalty. A person who knowingly violates any judgment or order abating or enjoining a public nuisance or private nuisance: (1) is guilty of a class B misdemeanor; and (2) is subject to a civil penalty …

78B-6a-201. Definitions for part. As used in this part: (1) "Private party" means a person that is not a government entity. (2) "Special injury" means an injury that is different in kind, not just in degree, from an injury sustained by the general public exercising the same publi…

78B-6a-202. Government right of action for a public nuisance. (1) Except as otherwise provided by this section or Part 4, Defenses to Nuisance Actions, a government entity has a right of action against a person for a public nuisance if: the person: engages in an activity that dir…

78B-6a-203. Private right of action for a public nuisance. (1) Except as otherwise provided by this section and Part 4, Defenses to Nuisance Actions, a private party has a right of action for a public nuisance against a person if: the person: engages in an activity that directly …

78B-6a-204. Abatement of a public nuisance. (1) A government entity, or an officer of a government entity who is authorized by law, may abate a public nuisance. (2) Nothing in this section alters the remedies available to a government entity or a private party in a right of actio…

78B-6a-301. Definitions for part. Reserved.

78B-6a-302. Right of action for private nuisance. (1) Except as otherwise provided by this part or Part 4, Defenses for Nuisance Actions, a person has a right of action for a private nuisance if: the person owns or possesses a legal interest in the real property that is the subje…

78B-6a-303. Abatement by eviction of private nuisance. (1) The county attorney, or the county, the city attorney of any incorporated city in the county, any citizen or citizens of the state residing in the county, or any person or business doing business in the county, has a righ…

78B-6a-304. Evidence of private nuisance -- Requirements for controlled substance nuisance. (1) In an action described in Sectionor, all evidence authorized by law, including evidence of reputation in a community, is admissible to prove the existence of a private nuisance or the …

78B-6a-401. Definitions for part. As used in this part, "fundamental change" does not include: (1) a change in ownership or size; (2) an interruption of farming for a period of no more than three years; (3) participation in a government-sponsored agricultural program; (4) employm…

78B-6a-402. Defense in private nuisance action for manufacturing facility in operation over three years. (1) A person or government entity does not have a right of action for a private nuisance under this chapter for any changed circumstance in land uses near a manufacturing faci…

78B-6a-403. Defense in private nuisance action for critical infrastructure materials operations. (1) A person or government entity does not have a right of action for a private nuisance under this chapter for an activity conducted in the normal and ordinary course of a critical i…

78B-6a-404. Defense in nuisance action for agricultural operations. (1) A person or government entity does not have a right of action under this chapter for a private nuisance that is an agricultural operation if: the plaintiff is not a legal possessor of the real property affect…

78B-6a-405. Limitations on tobacco and drug nuisance actions. (1) There is no right of action under this chapter for a tobacco nuisance if the rental, lease, restrictive covenant, or purchase agreement for the unit states in writing that: tobacco smoking is allowed in other units…

78B-6a-407. Defense in nuisance action for shooting range. (1) A person or government entity does not have a right of action under this chapter against a person who operates or uses a shooting range in this state for noise or noise pollution resulting from the operation or use of…

78B-6a-408. Defense for migratory bird production area. A person or government entity does not have a right of action under this chapter if the public nuisance or private nuisance is: (1) normally associated with a migratory bird production area; (2) conducted within a migratory …

78B-7-1001. Definitions. As used in this part: (1) "Agency" means, except as provided in Subsection (1)(b), a state, county, or local government entity that generates or maintains records relating to a civil order for which expungement may be ordered. "Agency" does not include th…

78B-7-1002. Retroactive application. The provisions of this part apply retroactively to all civil orders issued before, on, or after May 4, 2022.

78B-7-1002.1. Eligibility for removing the link between personal identifying information and court case dismissed. (1) As used in this section, "personal identifying information" means: a current name, former name, nickname, or alias; and date of birth. (2) If a civil order is so…

78B-7-1003. Requirements for expungement of protective order or stalking injunction -- Venue. (1) An individual against whom a civil order is sought may petition the court to expunge records of the civil order. A petitioner shall bring a petition for expungement under Subsection …

78B-7-1004. Distribution and effect of order of expungement -- Penalty. (1) An individual who receives an order of expungement under Sectionshall be responsible for delivering a copy of the order of expungement to any affected agency. 78B-7-1003 (2) If an agency receives an expun…

78B-7-102. Definitions for chapter. As used in this chapter: (1) "Abuse" means, except as provided in Section, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of…

78B-7-102. Definitions for chapter. As used in this chapter: (1) "Abuse" means, except as provided in Section, intentionally or knowingly causing or attempting to cause another individual physical harm or intentionally or knowingly placing another individual in reasonable fear of…

78B-7-104. Venue of action for ex parte civil protective orders and civil protective orders. (1) Except as provided in, the district court has jurisdiction of any action for an ex parte civil protective order or civil protective order brought under this chapter. Part 2, Child Pro…

78B-7-105. Forms for petitions, civil protective orders, and civil stalking injunctions -- Assistance -- Fees. (1) The offices of the court clerk shall provide forms to an individual seeking any of the following under this chapter: an ex parte civil protective order; a civil prot…

78B-7-105.5. Forms for motions, criminal protective orders, and criminal stalking injunctions. (1) The offices of the court clerk shall provide forms to an individual seeking any of the following under this chapter: a criminal protective order; or a criminal stalking injunction. …

78B-7-108. Mutual protective orders. (1) A court may not grant a mutual order or mutual civil protective orders to opposing parties, unless each party: files an independent petition against the other for a civil protective order, and both petitions are served; makes a showing at …

78B-7-109. Continuing duty to inform court of other proceedings -- Effect of other proceedings. (1) Each party has a continuing duty to inform the court of each proceeding for a civil protective order or a criminal protective order, any civil litigation, each proceeding in juveni…

78B-7-1101. Definitions for part. As used in this part: (1) "Employee" means: an individual who is employed by an employer for compensation; or a volunteer. (2) "Employer" means: a person that employs an individual in this state; or a nonprofit organization for which volunteers d…

78B-7-1102. Petition for a workplace violence protective order -- Notice to known targets of workplace violence. (1) An employer may seek, or authorize an agent to seek, a protective order in accordance with this part, if the employer reasonably believes workplace violence has oc…

78B-7-1103. Workplace violence protective orders -- Ex parte workplace violence protective orders -- Modification of orders -- Evidence in another lawsuit. (1) If it appears from a petition for a protective order or a petition to modify an existing protective order that workplace…

78B-7-1104. Hearings -- Expiration. (1) A court shall set a date for a hearing on the petition to be held within 21 days after the day on which the court issues an ex parte workplace violence protective order. If, at the hearing described in Subsection, the court does not issue a…

78B-7-1105. Extension. (1) A workplace violence protective order expires automatically, unless the petitioner: files a motion before the day on which the workplace violence protective order expires; and demonstrates that: there is a substantial likelihood that workplace violence …

78B-7-1106. Service of process. (1) The county sheriff that receives an order from a court under Subsectionor, shall: 78B-7-1103(3) 78B-7-1105(3) provide expedited service for the protective order; and after the protective order is served, transmit verification of service of proc…

78B-7-1107. Penalties. A violation of a protective order issued under this part is a class A misdemeanor.

78B-7-1108. Employer liability. (1) An employer is immune from civil liability for: seeking a workplace violence protective order, if the employer acts in good faith in seeking the order; or failing to seek a workplace violence protective order. (2) An employer's action or statem…

78B-7-1109. Limitations of part. This part does not: (1) modify the duty of an employer to provide a safe workplace for the employees of the employer; (2) prohibit a person from engaging in constitutionally protected exercise of free speech, including non-threatening speech and s…