Title 78B, Title 78B: Judicial Code

78B-19-102. Definitions. In this chapter: (1) "Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that: is made to conduct, participate in, continue, or reconvene a collaborative law process; and occurs after the parties sign …

78B-19-103. Applicability. This chapter applies to a collaborative law participation agreement that meets the requirements of Sectionsigned on or after May 11, 2010.

78B-19-104. Collaborative law participation agreement -- Requirements. (1) A collaborative law participation agreement must: be in a record; be signed by the parties; state the parties' intention to resolve a collaborative matter through a collaborative law process under this cha…

78B-19-105. Beginning and concluding a collaborative law process. (1) A collaborative law process begins when the parties sign a collaborative law participation agreement. (2) A tribunal may not order a party to participate in a collaborative law process over that party's objecti…

78B-19-106. Proceedings pending before tribunal -- Status report. (1) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. Parties shall file promptly with the t…

78B-19-107. Emergency orders. During a collaborative law process, a court may issue emergency orders, including protective orders in accordance with, or, to protect the health, safety, welfare, or interest of a party or member of a party's household.

78B-19-108. Approval of agreement by tribunal. A court may approve an agreement resulting from a collaborative law process.

78B-19-109. Disclosure of information. Except as provided by law other than this chapter, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter wit…

78B-19-110. Standards of professional responsibility and mandatory reporting not affected. This chapter does not affect: (1) the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or (2) the obligation of a person to repor…

78B-19-111. Appropriateness of collaborative law process. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall: (1) assess with the prospective party factors the lawyer reasonably believes relate to whether a colla…

78B-19-112. Coercive or violent relationship. (1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with …

78B-19-113. Confidentiality of collaborative law communication. A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state other than this chapter.

78B-19-114. Authority of tribunal in case of noncompliance. (1) If an agreement fails to meet the requirements of Section, or a lawyer fails to comply with Sectionor, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreeme…

78B-19-115. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

78B-19-116. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C.A. Sec. 7001 et seq. (2009), but does not modify, limit, or supersede S…

78B-21-101. Title. This chapter is known as the "Uniform Commercial Real Estate Receivership Act."

78B-21-102. Definitions. As used in this chapter: (1) "Affiliate" means: with respect to an individual: a companion of the individual; a lineal ancestor or descendant, whether by blood or adoption, of: the individual; or a companion of the individual; a companion of an ancestor o…

78B-21-103. Notice and opportunity for a hearing. (1) Except as otherwise provided in Subsection, the court may issue an order under this chapter only after notice and opportunity for a hearing, as appropriate in the circumstances. (2) (2) The court may issue an order under this …

78B-21-104. Scope -- Exclusions. (1) Except as otherwise provided in Subsectionor, this chapter applies to a receivership for an interest in real property and any personal property related to or used in operating the real property. (2) (3) (2) This chapter does not apply to a rec…

78B-21-105. Power of court. The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.

78B-21-106. Appointment of receiver. (1) The court may appoint a receiver: before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if the property or the property's revenue-producing potential…

78B-21-107. Disqualification from appointment as receiver -- Disclosure of interest. (1) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified. (2) Except as otherwise provide…

78B-21-108. Receiver's bond -- Alternative security. (1) Except as otherwise provided in Subsection, a receiver shall post with the court a bond that: (2) is conditioned on the faithful discharge of the receiver's duties; has one or more sureties approved by the court; is in an a…

78B-21-109. Status of receiver as lien creditor. On appointment of a receiver, the receiver has the status of a lien creditor under: (1) , as to receivership property that is personal property or fixtures; and Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions …

78B-21-110. Security agreement covering after-acquired property. Except as otherwise provided by law of this state other than this chapter, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appo…

78B-21-111. Collection and turnover of receivership property. (1) Unless the court orders otherwise, on demand by a receiver: a person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the recei…

78B-21-112. Powers and duties of receiver. (1) Except as limited by court order or law of this state other than this chapter, a receiver may: collect, control, manage, conserve, and protect receivership property; operate a business constituting receivership property, including pr…

78B-21-113. Duties of owner. (1) An owner shall: assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties; preserve and turn over to the receiver all receivership property in the owner's possession, custody, or co…

78B-21-114. Stay -- Injunction. (1) Except as otherwise provided in Subsectionor ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding: (4) to obtain possession of, exercise control over, or enforce a …

78B-21-115. Engagement and compensation of professional. (1) With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker, or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver sh…

78B-21-116. Use or transfer of receivership property not in ordinary course of business. (1) As used in this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing. (2) With court approval, a receiver may use receivership…

78B-21-117. Executory contract. (1) As used in this section, "timeshare interest" means the same as that term is defined in Section. 57-19-2 (2) Except as otherwise provided in Subsection, with court approval, a receiver may adopt or reject an executory contract of the owner rela…

78B-21-118. Defenses and immunities of receiver. (1) A receiver is entitled to all defenses and immunities provided by law of this state other than this chapter for an act or omission within the scope of the receiver's appointment. (2) A receiver may be sued personally for an act…

78B-21-119. Interim report of receiver. A receiver may file, or if ordered by the court shall file, an interim report that includes: (1) the activities of the receiver since appointment or a previous report; (2) receipts and disbursements, including a payment made or proposed to …

78B-21-120. Notice of appointment -- Claim against receivership -- Distribution to creditors. (1) Except as otherwise provided in Subsection, a receiver shall give notice of appointment of the receiver to creditors of the owner by: (6) deposit for delivery through first-class mai…

78B-21-121. Fees and expenses. (1) The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver. (2) The court may order one or more of the following to …

78B-21-122. Removal of receiver -- Replacement -- Termination of receivership. (1) The court may remove a receiver for cause. (2) The court shall replace a receiver that dies, resigns, or is removed. (3) If the court finds that a receiver that resigns or is removed, or the repres…

78B-21-123. Final report of receiver -- Discharge. (1) On completion of a receiver's duties, the receiver shall file a final report including: a description of the activities of the receiver in the conduct of the receivership; a list of receivership property at the commencement o…

78B-21-124. Receivership in another state -- Ancillary proceeding. (1) The court may appoint a receiver appointed in another state, or that person's nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for wh…

78B-21-125. Effect of enforcement by mortgagee. (1) A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not: make the mortgagee a mortgagee in poss…

78B-21-126. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to the law's subject matter among states that enact it.

78B-21-127. 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 t…

78B-21-128. Transition. This chapter does not apply to a receivership for which the receiver was appointed before May 9, 2017.

78B-21-129. Finality of orders. A court order that is entered pursuant to this chapter and that resolves a discrete factual dispute or legal issue is a final appealable order within the meaning of Utah Rules of Civil Procedure, Rule 54(a), unless expressly stated otherwise in the…

78B-22-1001. Verification of indigency -- Pilot program. (1) Beginning on July 1, 2022, and ending on June 30, 2025, an indigent defense system in Cache County, Davis County, Duchesne County, and San Juan County shall conduct a pilot program to verify the indigency of individuals…

78B-22-1002. Recovery of costs for indigent defense services. (1) Except as provided in Subsection, a court shall order an individual to pay the indigent defense system for the cost of indigent defense services in accordance with Subsectionand Sectionif: (2) 76-3-201(4)(d) 77-32b…