Title 78B, Title 78B: Judicial Code

78B-7-603. Cohabitant abuse protective orders -- Ex parte cohabitant abuse protective orders -- Modification of orders -- Service of process -- Duties of the court. (1) If it appears from a petition for a protective order or a petition to modify a protective order that domestic v…

78B-7-604. Hearings. (1) The court shall set a date for a hearing on the petition for a cohabitant abuse protective order to be held within 21 days after the day on which the court issues an ex parte cohabitant abuse protective order. If, at the hearing described in Subsection, t…

78B-7-605. Dismissal. (1) Except as otherwise provided in Subsectionconcerning the criminal provisions of a cohabitant abuse protective order, the court may amend or dismiss a protective order issued in accordance with this part that has been in effect for at least one year if th…

78B-7-606. Expiration -- Extension. (1) Except as provided in Subsectionand subject to the other provisions of this section, a cohabitant abuse protective order automatically expires three years after the day on which the cohabitant abuse protective order is entered. (1)(b) The c…

78B-7-607. Penalties. (1) A violation of a criminal provision of a protective order issued under this part is a class A misdemeanor. (2) A violation of a civil provision of a protective order issued under this part is contempt of court.

78B-7-608. No denial of relief solely because of lapse of time. The court may not deny a petitioner relief requested under this part solely because of a lapse of time between an act of domestic violence or abuse and the filing of the petition for a protective order.

78B-7-609. Prohibition of court-ordered or court-referred mediation. In any case brought under the provisions of this part, the court may not order the parties into mediation for resolution of the issues in a petition for a protective order.

78B-7-610. Falsification of information. (1) If a petitioner files a petition with a court for a protective order, the respondent may file a motion with the court alleging that the petitioner knowingly falsified a material statement or material information for the purpose of obta…

78B-7-701. Ex parte civil stalking injunction -- Civil stalking injunction. (1) Except as provided in Subsection, an individual who believes that the individual is the victim of stalking may bring a verified written petition for a civil stalking injunction against the alleged sta…

78B-7-702. Mutual civil stalking injunctions. (1) A court may not grant a mutual order or mutual civil stalking injunction to opposing parties, unless each party: files an independent petition against the other for a civil stalking injunction, and both petitions are served; makes…

78B-7-703. Violation. (1) A violation of an ex parte civil stalking injunction or of a civil stalking injunction issued under this part constitutes the criminal offense of stalking under Sectionand is also a violation of the civil stalking injunction. 76-5-106.5 (2) A violation o…

78B-7-801. Definitions for part. As used in this part: (1) "Jail release agreement" means a written agreement that is entered into by an individual who is arrested or issued a citation, regardless of whether the individual is booked into jail: under which the arrested or cited in…

78B-7-801. Definitions for part. As used in this part: (1) "Jail release agreement" means a written agreement that is entered into by an individual who is arrested or issued a citation, regardless of whether the individual is booked into jail: under which the arrested or cited in…

78B-7-802. Conditions for release after arrest for domestic violence and other offenses -- Jail release agreements -- Jail release court orders. (1) Upon arrest or issuance of a citation for a qualifying offense and before the individual is released under Sectionor, the individua…

78B-7-803. Pretrial protective orders. (1) When an alleged perpetrator is charged with a crime involving a qualifying offense, the court shall, at the time of the alleged perpetrator's court appearance under Section: 77-36-2.6 determine the necessity of imposing a pretrial protec…

78B-7-804. Sentencing and continuous protective orders for a domestic violence offense -- Modification -- Expiration. (1) Before a perpetrator who has been convicted of or adjudicated for a domestic violence offense may be placed on probation, the court shall consider the safety …

78B-7-805. Sentencing protective orders and continuous protective orders for an offense that is not domestic violence -- Modification -- Expiration. (1) Before a perpetrator has been convicted of or adjudicated for an offense that is not domestic violence is placed on probation, …

78B-7-806. Penalties. (1) A violation of Subsectionis a class B misdemeanor. 78B-7-802(1) An individual who knowingly violates a jail release court order or jail release agreement executed under Subsectionis guilty of: 78B-7-802(2) a third degree felony, if the original arrest wa…

78B-7-807. Notice to victims. (1) The court shall provide the victim with a certified copy of any pretrial protective order that has been issued if the victim can be located with reasonable effort. If the court is unable to locate the victim, the court shall provide the victim's …

78B-7-901. Definitions. As used in this part: (1) "Conviction" means: a verdict or conviction; a plea of guilty or guilty with a mental condition; a plea of no contest; or the acceptance by the court of a plea in abeyance. (2) "Immediate family" means the same as that term is def…

78B-7-902. Permanent criminal stalking injunction -- Modification. (1) The following serve as an application for a permanent criminal stalking injunction limiting the contact between the defendant and the victim: a conviction for: stalking; or attempt to commit stalking; or a ple…

78B-7-903. Penalties. (1) A violation of a permanent criminal stalking injunction issued under this part is a third degree felony in accordance with Subsection. 76-5-106.5(3)(b) (2) A violation of a permanent criminal stalking injunction issued under this part may be enforced in …

78B-7-904. Notice to victims. (1) The court shall send notice of permanent criminal stalking injunctions issued under this part to the statewide warrants network or similar system, including the statewide domestic violence network described in Section. 78B-7-113 (2) A permanent c…

78B-8-201. Basis for punitive damages awards -- Section inapplicable to DUI cases or providing illegal controlled substances -- Division of award with state -- Deposit of state judgment payments. (1) Except as otherwise provided by statute, punitive damages may be awarded only if…

78B-8-202. Punitive damages -- Notification procedure. (1) Whenever it appears from a return of a jury verdict in any court jury trial or from entry of a finding or order in any court bench trial, that punitive damages have been awarded to the plaintiff in a court action, the cle…

78B-8-203. Drug exception. (1) Punitive damages may not be awarded if a drug causing the claimant's harm: received premarket approval or licensure by the Federal Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 301 et seq. or the Publ…

78B-8-204. Punitive damages in an employment or agency relationship. (1) As used in this section, "managing agent" means an employee or agent who: exercises supervisory or managerial authority over a specific facility, operation, project, or group of employees; or acts in a manag…

78B-8-301. Title. This part is known as the "Process Server Act."

78B-8-302. Process servers. (1) As used in this section: "Private investigator agent" means the same as that term is defined in Section. 58-92-101 "Private investigator apprentice" means the same as that term is defined in Section. 58-92-101 "Private investigator registrant" mean…

78B-8-303. Recoverable rates. If the rates charged by private process servers exceed the rates established by law for service of process by individuals described in Section, the excess charge may be recovered as costs of an action only if the court determines the service and char…

78B-8-304. Violations of service of process authority. (1) It is a class A misdemeanor for a person serving process to falsify a return of service. (2) It is an infraction for a person to bill falsely for process service.

78B-8-401. Definitions. As used in this part: (1) "Blood or contaminated body fluids" includes blood, saliva, amniotic fluid, pericardial fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, and vaginal secretions, and any body fluid visibly contami…

78B-8-402. Petition -- Disease testing -- Notice -- Payment for testing. (1) An emergency services provider or first aid volunteer who is significantly exposed during the course of performing the emergency services provider's duties or during the course of performing emergency as…

78B-8-403. Confidentiality -- Disclosure -- Penalty. A person or entity entitled to receive confidential information under this part, other than the individual tested and identified in the information, who violates this part by releasing or making public that confidential informa…

78B-8-404. Department authority -- Rules. The Labor Commission, in consultation with the Department of Health and Human Services, has authority to establish rules necessary for the purposes of Subsectionsand.

78B-8-405. Construction. Nothing in this part may be construed as prohibiting a person from voluntarily consenting to the request of a health care provider to submit to testing following a significant exposure.

78B-8-501. Title. This part is known as the "Small Business Equal Access to Justice Act."

78B-8-502. Legislative findings -- Purpose. The Legislature finds that small businesses may be deterred from seeking review of or defending against substantially unjustified governmental action because of the expense involved in securing the vindication of their rights. The purpo…

78B-8-503. Definitions. As used in this part: (1) "Prevail" means to obtain favorable final judgment, the right to all appeals having been exhausted, on the merits, on substantially all counts or charges in the action and with respect to the most significant issue or set of issue…

78B-8-504. Litigation expense award authorized in actions by state. In any civil judicial action commenced by the state, which involves the business regulatory functions of the state, a court may award reasonable litigation expenses to any small business which is a named party in…

78B-8-505. Litigation expense award authorized in appeals from administrative decisions. (1) In any civil judicial appeal taken from an administrative decision regarding a matter in which the administrative action was commenced by the state, and which involves the business regula…

78B-8-506. Payment of expenses awarded -- Statement required in agency's budget. Expenses awarded under this part shall be paid from funds in the regular operating budget of the state entity. If sufficient funds are not available in the budget of the entity, the expenses shall be…

78B-8-601. Definitions. For purposes of this part: (1) "Forest products" means any tree or portion thereof before it is manufactured into dimensional lumber, timbers, and ties, or mill peeled and made into power poles or house logs, including but not limited to coniferous and dec…

78B-8-602. Proof of ownership required to harvest or transport forest products or native vegetation -- Requirements for proof of ownership. (1) It is unlawful for any person, firm, company, partnership, corporation, or business to harvest or transport timber, forest products, or …

78B-8-603. Transportation of forest products or native vegetation into or through the state. Timber, forest products, or native vegetation transported into or through the state shall be accompanied by a shipping permit or proof of ownership.

78B-8-604. Enforcement. Any law enforcement officer specified in Section, or ranger, or special agent of the United States Forest Service or the United States Bureau of Land Management may: (1) stop any vehicle or means of conveyance, including common carriers, containing timber,…