Title 78B, Title 78B: Judicial Code

78B-8-703. Final warning of a violation. (1) A prospective plaintiff may provide a prospective defendant with a final warning of an alleged violation of the Americans with Disabilities Act if the prospective plaintiff provided the prospective defendant with notice of the alleged …

78B-8-704. Filing a civil action. This part does not prevent a prospective plaintiff from seeking any available remedies for an alleged violation under the Americans with Disabilities Act.

78B-8-705. Severability. (1) If any provision of this part or the application of any part to any person or circumstance is held invalid by a court, the remainder of this part shall be given effect without the invalid provision or application. (2) The provisions of this part are s…

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

78B-9-102. Replacement of prior remedies. (1) 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. This ch…

78B-9-103. Applicability -- Effect on petitions. Except for the limitation period established in Section, 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 Sectionor, 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 vacate or modify the…

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

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

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, the court shall either: 78B-9-104(1)(h) modify the original conviction or sentence; or vacate the original conviction or sente…

78B-9-109. Appointment of pro bono counsel or counsel from Indigent Appellate Defense Division. (1) 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 Appel…

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 Sectionor.

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) 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: advise the individual, in open court and …

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

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) 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 res…

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: report the unfavorable result…

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) Subsectionsand, regarding the appointment of pro bono counsel, apply to any request for the appointment of counsel under this part. 78B-9-109(1) (2) (2) Subsection, regarding effectiveness …

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

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

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: the convicted person is significantly likely to be factually innocent; newly …

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

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 Subsectionor, this chapter applies to a mediation in which: (2) (3) the mediation parties are required to mediate by statute, court, or administrative agency rule or referred to mediation by a court, administrative agency, or…

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

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

78B-10-106. Exceptions to privilege. (1) There is no privilege under Sectionfor a mediation communication that is: 78B-10-104 in an agreement evidenced by a record signed by all parties to the agreement; available to the public under, or made during a mediation session which is o…

78B-10-107. Prohibited mediator reports. (1) Except as required in Subsection, 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 rul…

78B-10-108. Confidentiality. Unless subject to, and, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state.

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: make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that …

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: "International commercial mediation" means an international commercial conciliation as defined in Article 1 of the Model Law. "Model Law" means the Model Law on International Commercial Conciliation adopted by t…

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, on or after May 1, 2007, this chapter governs all agreements to mediat…

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,, and, medical malpractice cases as described in Section, and governmental claims described in Section, any party to an action for …

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