Title 78B, Judicial Code

78B-11-103. Notice. (1) Except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. (2) A perso…

78B-11-104. Application. (1) This chapter applies to any agreement to arbitrate made on or after May 6, 2002. (2) This chapter applies to any agreement to arbitrate made before May 6, 2002, if all the parties to the agreement or to the arbitration proceeding agree on the record.…

78B-11-105. Effect of agreement to arbitrate -- Nonwaivable provisions. (1) Except as otherwise provided in Subsections (2) and (3), a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this cha…

78B-11-106. Application for judicial relief. (1) Except as otherwise provided in Section 78B-11-129, an application for judicial relief under this chapter shall be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions.…

78B-11-107. Validity of agreement to arbitrate. (1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in…

78B-11-108. Motion to compel arbitration. (1) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: (a) if the refusing party does not appear or does not oppose the motion, the court shall order the p…

78B-11-109. Provisional remedies. (1) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbi…

78B-11-110. Initiation of arbitration. (1) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, retur…

78B-11-111. Consolidation of separate arbitration proceedings. (1) Except as otherwise provided in Subsection (3), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all …

78B-11-112. Appointment of arbitrator -- Service as a neutral arbitrator. (1) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed …

78B-11-113. Disclosure by arbitrator. (1) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators…

78B-11-114. Action by majority. If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under Subsection 78B-11-116(3).

78B-11-115. Immunity of arbitrator -- Competency to testify -- Attorney fees and costs. (1) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. (2…

78B-11-116. Arbitration process. (1) An arbitrator may conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the par…

78B-11-117. Representation. A party to an arbitration proceeding may be represented by an attorney.

78B-11-118. Witnesses -- Subpoenas -- Depositions -- Discovery. (1) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service…

78B-11-119. Judicial enforcement of preaward ruling by arbitrator. If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under Section 78B-11-120. A prevailing party…

78B-11-120. Award. (1) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, t…

78B-11-121. Change of award by arbitrator. (1) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: (a) on any grounds stated in Subsection 78B-11-125(1)(a) or (c); (b) if the arbitrator has not made a final and defini…

78B-11-122. Remedies -- Fees and expenses of arbitration proceeding. (1) An arbitrator may award punitive damages or other exemplary relief if the award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award un…

78B-11-123. Confirmation of award. After a party to an arbitration proceeding receives notice of an award in a matter not pending before a court, the party may petition the court for an order confirming the award. If the notice of award is in a matter pending before the court, th…

78B-11-124. Vacating an award. (1) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: (a) the award was procured by corruption, fraud, or other undue means; (b) there was: (i) evident partiality…

78B-11-125. Modification or correction of award. (1) Upon motion made within 90 days after the movant receives notice of the award pursuant to Section 78B-11-120 or within 90 days after the movant receives notice of a modified or corrected award pursuant to Section 78B-11-121, th…

78B-11-126. Judgment on award -- Attorney fees and litigation expenses. (1) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment conforming to the award. The judgment may be recorded, docket…

78B-11-127. Jurisdiction. (1) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. (2) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment …

78B-11-128. Venue. A motion pursuant to Section 78B-11-106 must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the…

78B-11-129. Appeals. (1) An appeal may be taken from: (a) an order denying a motion to compel arbitration; (b) an order granting a motion to stay arbitration; (c) an order confirming or denying confirmation of an award; (d) an order modifying or correcting an award; (e) an order …

78B-11-130. Electronic Signatures in Global and National Commerce Act. The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures confo…

78B-11-131. Effect of chapter on prior agreements or proceedings. This act does not affect an action or proceeding commenced or right accrued before this chapter takes effect. Subject to Section 78B-11-104 of this chapter, an arbitration agreement made before May 6, 2002 shall be…

78B-17-101. Title. This chapter is known as the "Utah Uniform Interstate Depositions and Discovery Act."

78B-17-102. Definitions. As used in this chapter: (1) "Foreign jurisdiction" means a state other than Utah. (2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction. (3) "Person" means an individual, corporation, business trust…

78B-17-103. Scope -- Unauthorized practice of law prohibited -- Reciprocity required. (1) Except as provided in Subsection (3), this chapter applies only to issuance, service, and enforcement of subpoenas as provided in this chapter. (2) Except as provided in Subsection 78B-17-20…

78B-17-201. Issuance of subpoena. (1)(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a court in the judicial district in which discovery is sought to be conducted in Utah. (b) A request for the issuance of a subpoena under this …

78B-17-202. Service of subpoena. A subpoena issued by a clerk of court under Section 78B-17-201 must be served in compliance with Rule 4 and Rule 5, Utah Rules of Civil Procedure.

78B-17-203. Depositions, production, inspection, and contempt remedies for subpoenas. Section 78B-6-301 and Utah Rules of Civil Procedure 26 through 37 and 45 apply to subpoenas issued under Section 78B-17-201.

78B-17-204. Application to court. An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under Section 78B-17-201 must comply with the rules or statutes of Utah and be submitted to the court in the judicial distric…

78B-17-301. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

78B-17-302. Application to pending actions. This chapter applies to requests for discovery in cases pending on May 5, 2008.

78B-18a-101. Title. This chapter is known as the "Uniform Unsworn Declarations Act."

78B-18a-102. Definitions. In this chapter: (1) "Law" includes a statute, judicial decision or order, rule of court, executive order, and administrative rule, regulation, or order. (2) "Record" means information that is inscribed on a tangible medium or that is stored in an electr…

78B-18a-103. Applicability. This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located within or outside the boundaries of the United States, whether or not the location is subject to the jurisdiction of the Unite…

78B-18a-104. Validity of unsworn declaration. (1) Except as otherwise provided in Subsection (2), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration. (2)…

78B-18a-105. Required medium. If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in the same medium.

78B-18a-106. Form of unsworn declaration. An unsworn declaration under this chapter must be in substantially the following form: I declare under criminal penalty under the law of Utah that the foregoing is true and correct. Signed on the ___ day of ______, _____, at _____________…

78B-18a-107. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

78B-18a-108. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or 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 …