Title 78B, Judicial Code

78B-9-101. Title. This chapter is known as the "Post-Conviction Remedies Act."

78B-9-102. Replacement of prior remedies. (1)(a) This chapter establishes the sole remedy for any person who challenges a conviction or sentence for a criminal offense and who has exhausted all other legal remedies, including a direct appeal except as provided in Subsection (2). …

78B-9-103. Applicability -- Effect on petitions. Except for the limitation period established in Section 78B-9-107, this chapter applies only to post-conviction proceedings filed on or after July 1, 1996.

78B-9-104. Grounds for relief -- Retroactivity of rule. (1) Unless precluded by Section 78B-9-106 or 78B-9-107, an individual who has been convicted and sentenced for a criminal offense may file an action in the district court of original jurisdiction for postconviction relief to…

78B-9-105. Burden of proof. (1)(a) Except for claims raised under Subsection 78B-9-104(1)(h), the petitioner has the burden of pleading and proving by a preponderance of the evidence the facts necessary to entitle the petitioner to relief. (b) For claims raised under Subsection 7…

78B-9-106. Preclusion of relief -- Exception. (1) A petitioner is not eligible for relief under this chapter upon any ground that: (a) may still be raised on direct appeal or by a post-trial motion; (b) was raised or addressed in the trial court, at trial, or on appeal; (c) could…

78B-9-107. Statute of limitations for postconviction relief. (1) A petitioner is entitled to relief only if the petition is filed within one year after the day on which the cause of action has accrued. (2) For purposes of this section, the cause of action accrues on the later of …

78B-9-108. Effect of granting relief -- Notice. (1) If the court grants the petitioner's request for relief, except requests for relief under Subsection 78B-9-104(1)(h), the court shall either: (a) modify the original conviction or sentence; or (b) vacate the original conviction …

78B-9-109. Appointment of pro bono counsel or counsel from Indigent Appellate Defense Division. (1)(a) If any portion of the petition is not summarily dismissed, the court may, upon the request of an indigent petitioner, appoint counsel on a pro bono basis or from the Indigent Ap…

78B-9-110. Appeal -- Jurisdiction. Any party may appeal from the trial court's final judgment on a petition for post-conviction relief to the appellate court having jurisdiction pursuant to Section 78A-3-102 or 78A-4-103.

78B-9-201. Post-conviction remedies -- 30 days. A post-conviction remedy may not be applied for or entertained by any court within 30 days prior to the date set for execution of a capital sentence, unless the grounds for application are based on facts or circumstances which devel…

78B-9-202. Appointment and payment of counsel in a death penalty case. (1)(a) Within 30 days after the day on which the Supreme Court remits a case after affirming an individual's conviction and sentence of death, the sentencing court shall: (i) advise the individual, in open cou…

78B-9-301. Postconviction testing of DNA -- Petition -- Sufficient allegations -- Notification of victim -- Investigative genetic genealogy. (1) As used in this part: (a) "DNA" means deoxyribonucleic acid. (b) "Factually innocent" means the same as that term is defined in Section…

78B-9-302. Effect of petition for postconviction DNA testing -- Requests for appointment of counsel -- Appeals -- Subsequent postconviction petitions. (1) The filing of a petition for DNA testing constitutes the person's consent to provide samples of body fluids for use in the DN…

78B-9-303. Consequences of postconviction DNA testing when result is favorable to person -- Procedures. (1)(a) If the result of postconviction DNA testing is favorable to the person, the person may file a motion to vacate the conviction. The court shall give the state 30 days to …

78B-9-304. Consequences of postconviction DNA testing when result is unfavorable to person -- Procedures. (1) If the result of postconviction DNA testing is not favorable to the person, the court shall deny the person's petition, and the court shall: (a) report the unfavorable re…

78B-9-401. Title. This part is known as "Postconviction Determination of Factual Innocence."

78B-9-401.5. Definitions. As used in this part: (1) "Bona fide and compelling issue of factual innocence" means that the newly discovered material evidence presented by the petitioner, if credible, would clearly establish the factual innocence of the petitioner. (2) "Factual inno…

78B-9-402. Petition for determination of factual innocence -- Sufficient allegations -- Notification of victim -- Payment to surviving spouse. (1) An individual who has been convicted of a felony offense may petition the district court in the county in which the individual was co…

78B-9-403. Requests for appointment of counsel -- Appeals -- Postconviction petitions. (1) Subsections 78B-9-109(1) and (2), regarding the appointment of pro bono counsel, apply to any request for the appointment of counsel under this part. (2) Subsection 78B-9-109(3), regarding …

78B-9-404. Hearing upon petition -- Procedures -- Court determination of factual innocence. (1)(a) In any hearing conducted under this part, the Utah attorney general shall represent the state. (b) The burden is upon the petitioner to establish the petitioner's factual innocence …

78B-9-405. Judgment and assistance payment. (1) As used in this section: (a) "Felony" means a criminal offense classified as a felony under Title 76, Chapter 3, Punishments, or conduct that would constitute a felony if committed in Utah. (b) "Petitioner" means a United States cit…

78B-9-501. Title. This part is known as the "Conviction Integrity Units Act."

78B-9-502. Definitions. As used in this part: (1) "Bona fide and compelling evidence" means that the evidence presented by the petitioning prosecutor establishes by a preponderance of the evidence that: (a) the convicted person is significantly likely to be factually innocent; (b…

78B-9-503. Conviction Integrity Unit. (1) A prosecution agency may establish a conviction integrity unit to investigate: (a) plausible allegations of factual innocence; (b) newly discovered material evidence; or (c) information discovered or received by the prosecution agency aft…

78B-10-101. Title. This chapter is known as the "Utah Uniform Mediation Act."

78B-10-102. Definitions. As used in this chapter: (1) "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. (2) "Mediation communication" means conduct or…

78B-10-103. Scope. (1) Except as otherwise provided in Subsection (2) or (3), this chapter applies to a mediation in which: (a) the mediation parties are required to mediate by statute, court, or administrative agency rule or referred to mediation by a court, administrative agenc…

78B-10-104. Privilege against disclosure -- Admissibility -- Discovery. (1) Except as otherwise provided in Section 78B-10-106, a mediation communication is privileged as provided in Subsection (2) and is not subject to discovery or admissible in evidence in a proceeding unless w…

78B-10-105. Waiver and preclusion of privilege. (1) A privilege under Section 78B-10-104 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation, and: (a) in the case of the privilege of a mediator, it is expressly waived …

78B-10-106. Exceptions to privilege. (1) There is no privilege under Section 78B-10-104 for a mediation communication that is: (a) in an agreement evidenced by a record signed by all parties to the agreement; (b) available to the public under Title 63G, Chapter 2, Government Reco…

78B-10-107. Prohibited mediator reports. (1) Except as required in Subsection (2), a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a…

78B-10-108. Confidentiality. Unless subject to Title 52, Chapter 4, Open and Public Meetings Act, and Title 63G, Chapter 2, Government Records Access and Management Act, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule…

78B-10-109. Mediator's disclosure of conflicts of interest -- Background. (1) Before accepting a mediation, an individual who is requested to serve as a mediator shall: (a) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts t…

78B-10-110. Participation in mediation. An attorney or other individual designated by a party may accompany the party to, and participate in, a mediation. A waiver of participation given before the mediation may be rescinded.

78B-10-111. International commercial mediation. (1) In this section: (a) "International commercial mediation" means an international commercial conciliation as defined in Article 1 of the Model Law. (b) "Model Law" means the Model Law on International Commercial Conciliation adop…

78B-10-112. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section …

78B-10-113. Uniformity of application and construction. In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

78B-10-114. Application to existing agreements or referrals. (1) This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after May 1, 2006. (2) Notwithstanding Subsection (1), on or after May 1, 2007, this chapter governs all agreements to me…

78B-10a-101. Title. This chapter is known as "Tort Arbitration."

78B-10a-102. General provisions -- Filing -- Notice -- Limits. (1) Except for bodily injury cases involving a motor vehicle as described in Sections 31A-22-303, 31A-22-305, and 31A-22-305.3, medical malpractice cases as described in Section 78B-3-401, and governmental claims desc…

78B-10a-103. Punitive damages. A claim for punitive damages may not be made in an arbitration proceeding in accordance with this chapter or any subsequent proceeding, even if the claim is later resolved through a trial de novo in accordance with Section 78B-10a-108.

78B-10a-104. Rescission -- Discovery. (1)(a) Any party who has agreed to arbitration in accordance with this chapter may rescind the agreement if the rescission is made within: (i) 90 days after the agreement to arbitrate; and (ii) not less than 30 days before any scheduled arbit…

78B-10a-105. Selection of arbitrator or panel -- Costs. (1)(a) Unless otherwise agreed to in writing by the parties, a claim submitted to arbitration shall be resolved by a single arbitrator. (b) Unless otherwise agreed to by the parties or ordered by the court, all parties shall…

78B-10a-106. Governing provisions. (1) Except as otherwise provided in this chapter and unless otherwise agreed to in writing by the parties, an arbitration proceeding conducted in accordance with this chapter shall be governed by Title 78B, Chapter 11, Utah Uniform Arbitration A…

78B-10a-107. Decision -- Award -- Court action. (1) A written decision by a single arbitrator or by a majority of the arbitration panel shall constitute a final decision. (2) An arbitration award issued in accordance with this chapter shall be the final resolution of all property…