Title 78B, Title 78B: Judicial Code

78B-22-202. Determining indigency. (1) A court shall find an individual indigent if the individual: has an income level at or below 150% of the United States poverty level as defined by the most recent poverty income guidelines published by the United States Department of Health …

78B-22-203. Order for indigent defense services. (1) Except as provided in Subsection, a court shall appoint an indigent defense service provider who is employed by an indigent defense system or who has a contract with an indigent defense system to provide indigent defense servic…

78B-22-204. Waiver by a minor. (1) A minor may not waive the right to be represented by counsel at all stages of court proceedings unless: the minor has consulted with counsel; and the court is satisfied that in light of the minor's unique circumstances and attributes: the minor'…

78B-22-301. Standards for indigent defense systems -- Written report. (1) An indigent defense system shall provide indigent defense services for an indigent individual in accordance with the core principles adopted by the commission under Section. 75E-9-104 (2) On or before March…

78B-22-302. Compensation for indigent defense services. (1) An indigent defense system shall fund indigent defense services ordered by a court under Section. 78B-22-203 (2) An indigent defense system shall ensure that there are adequate funds for indigent defense resources when a…

78B-22-303. Pro bono provision of indigent defense services -- Liability limits. A defense attorney is immune from suit if the defense attorney provides indigent defense services to an indigent individual: (1) at no cost; and (2) without gross negligence or willful misconduct.

78B-22-304. Reimbursement for indigent defense services. A court may order a parent or legal guardian of a minor who is appointed indigent defense services under this chapter to reimburse the cost of the minor's indigent defense services, as determined by the court, unless the co…

78B-23-101. Definitions. Reserved

78B-23-102. Certain agreements to confess judgment void. (1) Except as provided in Subsection, parties may execute an agreement or stipulation to confess judgment before a default giving rise to an action. (2) (2) In an employment contract or a consumer credit contract, an agreem…

78B-25-101. Title. This chapter may be cited as the "Uniform Public Expression Protection Act."

78B-25-102. Scope. (1) As used in this section: "Goods or services" does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work. "Governmental unit" means a public corp…

78B-25-103. Special motion for expedited relief. Not later than 60 days after the day on which a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a …

78B-25-104. Stay. (1) Except as provided in Subsectionsthrough, on the filing of a motion under Section: (4) (7) 78B-25-103 all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and on motion by the m…

78B-25-105. Hearing. (1) The court shall hear a motion under Sectionnot later than 60 days after the day on which the motion is filed, unless the court orders a later hearing: 78B-25-103 to allow discovery under Subsection; or 78B-25-104(4) for other good cause. (2) If the court …

78B-25-106. Proof. In ruling on a motion under Section, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under Utah Rules of Civil Procedure, Rule 56.

78B-25-107. Dismissal of cause of action in whole or part. (1) In ruling on a motion under Section, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: 78B-25-103 the moving party establishes under Subsectionthat this chapter applies; 78B-2…

78B-25-108. Ruling. The court shall rule on a motion under Sectionnot later than 60 days after the day on which a hearing is held under Section.

78B-25-109. Appeal. (1) A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under Section. 78B-25-103 (2) The appeal shall be filed in accordance with Utah Rules of Appellate Procedure, Rule 4.

78B-25-110. Costs, attorney fees, and expenses. On a motion under Section, the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion: (1) to the moving party if the moving party prevails on the motion; or (2) to the resp…

78B-25-111. Construction. This chapter shall be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution or the Utah Con…

78B-25-112. 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 uniform law's subject matter among states that enact the uniform law.

78B-25-113. Transitional provision. This chapter applies to a civil action filed or cause of action asserted in a civil action on or after May 3, 2023.

78B-25-114. Savings clause. This chapter does not affect a cause of action asserted before May 3, 2023, in a civil action or a motion under Laws of Utah 2008, Chapter 3, Sections 1087 and 1088, regarding the cause of action.

78B-25-115. Severability. If any provision of this chapter or the chapter's application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or applic…