reglab/housing_qa huggingface dataset:
UT Code § 78B-5-821 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 5 - Procedure and Evidence|Part 8 - Miscellaneous|Section 821 - Joinder of defendants.

78B-5-821. Joinder of defendants.    (1) A person seeking recovery, or any defendant who is a party to the litigation, may join as a defendant, in accordance with the Utah Rules of Civil Procedure, any person other than a person immune from suit alleged to have caused or contributed to the injury or damage for which recovery is sought, for the purpose of having determined their respective proportions of fault.     (2) A person immune from suit may not be named as a defendant, but fault may be allocated to a person immune from suit solely for the purpose of accurately determining the fault of the person seeking recovery and all defendants. A person immune from suit is not subject to any liability, based on the allocation of fault, in this or any other action.     (3)   (a) A person immune from suit may intervene as a party under Rule 24, Utah Rules of Civil Procedure, regardless of whether or not money damages are sought.     (b) A person immune from suit who intervenes in an action may not be held liable for any fault allocated to that person under Section 78B-5-818.       (4) Fault may not be allocated to a non-party unless a party timely files a description of the factual and legal basis on which fault can be allocated and information identifying the non-party, to the extent known or reasonably available to the party, including name, address, telephone number and employer. The party shall file the description and identifying information in accordance with Rule 9, Utah Rules of Civil Procedure or as ordered by the court but in no event later than 90 days before trial as provided in Rule 9, Utah Rules of Civil Procedure.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-5-822 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 5 - Procedure and Evidence|Part 8 - Miscellaneous|Section 822 - Release to one defendant does not discharge other defendants.

78B-5-822. Release to one defendant does not discharge other defendants.  A release given by a person seeking recovery to one or more defendants does not discharge any other defendant unless the release so provides.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-5-823 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 5 - Procedure and Evidence|Part 8 - Miscellaneous|Section 823 - Effect on immunity, exclusive remedy, indemnity, and contribution.

78B-5-823. Effect on immunity, exclusive remedy, indemnity, and contribution.  Nothing in Sections 78B-5-817 through 78B-5-822 affects or impairs any common law or statutory immunity from liability, including, but not limited to, governmental immunity as provided in Title 63G, Chapter 7, Governmental Immunity Act of Utah, and the exclusive remedy provisions of Title 34A, Chapter 2, Workers' Compensation Act. Nothing in Sections 78B-5-817 through 78B-5-822 affects or impairs any right to indemnity or contribution arising from statute, contract, or agreement.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-5-824 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 5 - Procedure and Evidence|Part 8 - Miscellaneous|Section 824 - Personal injury judgments -- Interest authorized.

 Effective 5/13/2014  78B-5-824. Personal injury judgments -- Interest authorized.    (1) In all actions brought to recover damages for personal injuries sustained by any person, caused by the negligence or willful intent of another person, corporation, association, or partnership, and whether the injury was fatal or otherwise, the plaintiff, including a counterclaim plaintiff or a crossclaim plaintiff, in the complaint may claim interest on special damages actually incurred.     (2) A plaintiff, including a counterclaim plaintiff or a crossclaim plaintiff, seeking to recover damages for personal injury or wrongful death may claim prejudgment interest if for cases classified as tier 1, pursuant to the Utah Rules of Civil Procedure, the plaintiff tenders:   (a) a written settlement demand, including settlement demands under Utah Rule of Civil Procedure 68; and     (b) the amount of the demand does not exceed 1-1/3 of the amount of the judgment eventually awarded at trial.       (3) For purposes of this statute, the determining offer and counteroffer shall be the last written offer or counteroffer timely tendered by a party, provided that the offer or counteroffer is tendered at least 60 days before trial.     (4) Cases classified as tier 2 or tier 3 by the Utah Rules of Civil Procedure or submitted to binding arbitration in accordance with Sections 18-1-4 and 31A-22-321 are not subject to the requirements outlined in Subsection (2).     (5)   (a) Any prejudgment interest shall be computed as simple interest. For first special damages incurred during the year of the occurrence of the act giving rise to the cause of action, any prejudgment interest shall be computed as simple interest accruing from the date on which the first date special damages were actually incurred.     (b) For special damages incurred in successive years, prejudgment interest shall be calculated from January 1 of each year special damages were incurred. The court shall calculate prejudgment interest using a per annum rate, which is two percentage points above the prime rate, as published by the Board of Governors of the Federal Reserve System on the first business day in January of the calendar year in which the judgment is entered. The prejudgment interest rate applied to all cases may not be lower than 5% or higher than 10%.       (6) As used in this section, "special damages actually incurred" does not include damages for future medical expenses, loss of future wages, or loss of future earning capacity.     (7) This section applies to any cause of action arising on or after July 1, 2014.    Amended by Chapter 257, 2014 General Session
UT Code § 78B-5-825 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 5 - Procedure and Evidence|Part 8 - Miscellaneous|Section 825 - Attorney fees -- Award where action or defense in bad faith -- Exceptions.

78B-5-825. Attorney fees -- Award where action or defense in bad faith -- Exceptions.    (1) In civil actions, the court shall award reasonable attorney fees to a prevailing party if the court determines that the action or defense to the action was without merit and not brought or asserted in good faith, except under Subsection (2).     (2) The court, in its discretion, may award no fees or limited fees against a party under Subsection (1), but only if the court:   (a) finds the party has filed an affidavit of impecuniosity in the action before the court; or     (b) the court enters in the record the reason for not awarding fees under the provisions of Subsection (1).      Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-5-825.5 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 5 - Procedure and Evidence|Part 8 - Miscellaneous|Section 825.5 - Attorney fees -- Private attorney general doctrine disavowed.

78B-5-825.5. Attorney fees -- Private attorney general doctrine disavowed.  A court may not award attorney fees under the private attorney general doctrine in any action filed after May 12, 2009.  Enacted by Chapter 373, 2009 General Session
UT Code § 78B-5-826 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 5 - Procedure and Evidence|Part 8 - Miscellaneous|Section 826 - Attorney fees -- Reciprocal rights to recover attorney fees.

78B-5-826. Attorney fees -- Reciprocal rights to recover attorney fees.  A court may award costs and attorney fees to either party that prevails in a civil action based upon any promissory note, written contract, or other writing executed after April 28, 1986, when the provisions of the promissory note, written contract, or other writing allow at least one party to recover attorney fees.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-5-827 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 5 - Procedure and Evidence|Part 8 - Miscellaneous|Section 827 - Attorney fees awarded to state funded agency in action against state or subdivision -- Forfeit of appropriated money.

78B-5-827. Attorney fees awarded to state funded agency in action against state or subdivision -- Forfeit of appropriated money.  An agency or organization receiving state funds which, as a result of its suing the state, or political subdivision of the state, receives attorney fees and costs as all or part of a settlement or award, shall forfeit to the General Fund, from its appropriated money, an amount equal to the attorney fees received.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-5-828 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 5 - Procedure and Evidence|Part 8 - Miscellaneous|Section 828 - Bond required in an environmental action.

78B-5-828. Bond required in an environmental action.    (1) As used in this section:   (a) "Administrative stay" means a stay or other temporary remedy issued by an agency under Section 63G-4-405.     (b) "Environmental action" means a cause of action that:   (i) is filed on or after May 10, 2011; and     (ii) seeks judicial review of a final agency action to issue a permit by:   (A) the Department of Natural Resources;     (B) the Department of Transportation; or     (C) the School and Institutional Trust Lands Administration.         (c) "Ultimately prevail on the merits" means, in the final judgment, the court rules in the plaintiff's favor on at least one cause of action.       (2) A plaintiff who obtains a preliminary injunction or administrative stay in an environmental action, but does not ultimately prevail on the merits of the environmental action, is liable for damages sustained by a defendant who:   (a) opposed the preliminary injunction or administrative stay; and     (b) was harmed by the preliminary injunction.       (3) A court may not issue a preliminary injunction and an agency may not grant an administrative stay in an environmental action until the plaintiff posts with the court or the agency a surety bond or cash equivalent:   (a) in an amount the court or agency considers sufficient to compensate each defendant opposing the preliminary injunction or administrative stay for damages that each defendant may sustain as a result of the preliminary injunction or administrative stay;     (b) written by a surety licensed to do business in the state; and     (c) payable to each defendant opposing the preliminary injunction or administrative stay in the event the plaintiff does not prevail on the merits of the environmental action.       (4) If there is more than one plaintiff, the court or agency shall establish the amount of the bond required by Subsection (3) for each plaintiff in a fair and equitable manner.     (5)   (a) If the plaintiff does not ultimately prevail on the merits of the environmental action, the court shall execute the bond and award damages to each defendant who:   (i) opposed the preliminary injunction or administrative stay; and     (ii) was harmed as a result of its issuance.       (b) If the amount of money secured by the surety bond or cash equivalent:   (i) exceeds the damages awarded, the court or agency shall return the excess to the plaintiff; and     (ii) is less than the damages awarded, the court or agency shall order the plaintiff to pay the remaining damages.         (6) Notwithstanding any other provision of law, a court's or agency's refusal to require the posting of a surety bond or cash equivalent as required by this section is subject to immediate appeal.    Enacted by Chapter 116, 2011 General Session
UT Code § 78B-5-901 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 5 - Procedure and Evidence|Part 9 - Public Safety Peer Counseling and Behavioral Emergency Services Technicians|Section 901 - Public safety peer counseling and behavioral emergency services technicians.

 Effective 7/1/2021  78B-5-901. Public safety peer counseling and behavioral emergency services technicians.  This part is known as "Public Safety Peer Counseling and Behavioral Emergency Services Technicians." Amended by Chapter 208, 2021 General Session
UT Code § 78B-5-902 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 5 - Procedure and Evidence|Part 9 - Public Safety Peer Counseling and Behavioral Emergency Services Technicians|Section 902 - Definitions.

 Effective 7/1/2021  78B-5-902. Definitions.  As used in this part:  (1) "Communication" means an oral statement, written statement, note, record, report, or document made during, or arising out of, a meeting between a law enforcement officer, firefighter, emergency medical service provider, or rescue provider and a peer support team member.     (2) "Behavioral emergency services technician" means an individual who is licensed under Section 26-8a-302 as:   (a) a behavioral emergency services technician; or     (b) an advanced behavioral emergency services technician.       (3) "Emergency medical service provider or rescue unit peer support team member" means a person who is:   (a) an emergency medical service provider as defined in Section 26-8a-102, a regular or volunteer member of a rescue unit acting as an emergency responder as defined in Section 53-2a-502, or another person who has been trained in peer support skills; and     (b) designated by the chief executive of an emergency medical service agency or the chief of a rescue unit as a member of an emergency medical service provider's peer support team or as a member of a rescue unit's peer support team.       (4) "Law enforcement or firefighter peer support team member" means a person who is:   (a) a peace officer, law enforcement dispatcher, civilian employee, or volunteer member of a law enforcement agency, a regular or volunteer member of a fire department, or another person who has been trained in peer support skills; and     (b) designated by the commissioner of the Department of Public Safety, the executive director of the Department of Corrections, a sheriff, a police chief, or a fire chief as a member of a law enforcement agency's peer support team or a fire department's peer support team.       (5) "Trained" means a person who has successfully completed a peer support training program approved by the Peace Officer Standards and Training Division, the State Fire Marshal's Office, or the Health Department, as applicable.    Amended by Chapter 208, 2021 General Session
UT Code § 78B-5-903 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 5 - Procedure and Evidence|Part 9 - Public Safety Peer Counseling and Behavioral Emergency Services Technicians|Section 903 - Creation -- Training -- Communications -- Exclusions.

 Effective 5/8/2018  78B-5-903. Creation -- Training -- Communications -- Exclusions.    (1) A law enforcement agency, fire department, emergency medical service agency, or rescue unit:   (a) may create a peer support team; and     (b) if a peer support team is created, shall develop guidelines for the peer support team and its members.       (2) A peer support team member shall complete a peer support training program approved by the Peace Officer Standards and Training Division, the State Fire Marshal's Office, or the Health Department, as applicable.     (3) In accordance with the Utah Rules of Evidence, a peer support team member may refuse to disclose communications made by a person participating in peer support services, including group therapy sessions.     (4) Subsection (3) applies only to communications made during individual interactions conducted by a peer support team member who is:   (a) acting in the member's capacity as a law enforcement or firefighter peer support team member or an emergency medical service provider or rescue unit peer support team member; and     (b) functioning within the written peer support guidelines that are in effect for the member's respective law enforcement agency, fire department, emergency medical service agency, or rescue unit.       (5) This part does not apply if:   (a) a law enforcement or firefighter peer support team member or emergency medical service provider or rescue unit peer support team member was a witness or a party to the incident that prompted the delivery of peer support services;     (b) information received by a peer support team member is indicative of actual or suspected child abuse, or actual or suspected child neglect;     (c) the person receiving peer support is a clear and immediate danger to the person's self or others;     (d) communication to a peer support team member establishes reasonable cause for the peer support team member to believe that the person receiving peer support services is mentally or emotionally unfit for duty; or     (e) communication to the peer support team member provides evidence that the person who is receiving the peer support services has committed a crime, plans to commit a crime, or intends to conceal a crime.      Enacted by Chapter 109, 2018 General Session
UT Code § 78B-5-904 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 5 - Procedure and Evidence|Part 9 - Public Safety Peer Counseling and Behavioral Emergency Services Technicians|Section 904 - Exclusions for certain communications.

 Effective 7/1/2021  78B-5-904. Exclusions for certain communications.  In accordance with the Utah Rules of Evidence, a behavioral emergency services technician may refuse to disclose communications made by an individual during the delivery of behavioral emergency services as defined in Section 26-8a-102. Enacted by Chapter 208, 2021 General Session
UT Code § 78B-6-101 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 101 - Title.

78B-6-101. Title.  This part is known as the "Utah Adoption Act."  Enacted by Chapter 3, 2008 General Session
UT Code § 78B-6-104 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 104 - Limitations.

78B-6-104. Limitations.    (1) Sections 78B-6-143 through 78B-6-145 do not apply to adoptions by a stepparent whose spouse is the adoptee's parent.     (2) Sections 78B-6-143 through 78B-6-145 apply only to adoptions of adoptees born in this state.    Amended by Chapter 237, 2010 General Session
UT Code § 78B-6-105 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 105 - District court venue -- Jurisdiction of juvenile court -- Jurisdiction over nonresidents -- Time for filing.

 Effective 9/1/2021  78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction over nonresidents -- Time for filing.    (1) An adoption proceeding shall be commenced by filing a petition in:   (a) the district court in the district where the prospective adoptive parent resides;     (b) if the prospective adoptive parent is not a resident of this state, the district court in the district where:   (i) the adoptee was born;     (ii) the adoptee resides on the day on which the petition is filed; or     (iii) a parent of the proposed adoptee resides on the day on which the petition is filed; or       (c) the juvenile court as provided in Subsection 78A-6-103(2)(n) and Section 78A-6-350.       (2) All orders, decrees, agreements, and notices in an adoption proceeding shall be filed with the clerk of the court where the adoption proceeding is commenced under Subsection (1).     (3) A petition for adoption:   (a) may be filed before the birth of a child;     (b) may be filed before or after the adoptee is placed in the home of the petitioner for the purpose of adoption; and     (c) shall be filed no later than 30 days after the day on which the adoptee is placed in the home of the petitioners for the purpose of adoption, unless:   (i) the time for filing has been extended by the court; or     (ii) the adoption is arranged by a child-placing agency in which case the agency may extend the filing time.         (4)   (a) If a person whose consent for the adoption is required under Section 78B-6-120 or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state shall confer jurisdiction on the court in proceedings under this chapter as to such absent person, provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.     (b) The notice may not include the name of:   (i) a prospective adoptive parent; or     (ii) an unmarried mother without her consent.         (5) Service of notice described in Subsection (6) shall vest the court with jurisdiction over the person served in the same manner and to the same extent as if the person served was served personally within the state.     (6) In the case of service outside the state, service completed not less than five days before the time set in the notice for appearance of the person served is sufficient to confer jurisdiction.     (7) Computation of periods of time not otherwise set forth in this section shall be made in accordance with the Utah Rules of Civil Procedure.    Amended by Chapter 261, 2021 General Session
UT Code § 78B-6-106 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 106 - Responsibility for own actions -- Fraud or misrepresentation.

 Effective 5/9/2017  78B-6-106. Responsibility for own actions -- Fraud or misrepresentation.    (1) Each parent of a child conceived or born outside of marriage is responsible for his or her own actions and is not excused from strict compliance with the provisions of this chapter based upon any action, statement, or omission of the other parent or third parties.     (2) Any person injured by fraudulent representations or actions in connection with an adoption is entitled to pursue civil or criminal penalties in accordance with existing law. A fraudulent representation is not a defense to strict compliance with the requirements of this chapter and is not a basis for dismissal of a petition for adoption, vacation of an adoption decree, or an automatic grant of custody to the offended party. Custody determinations shall be based on the best interests of the child, in accordance with the provisions of Section 78B-6-133.     (3) A child-placing agency and the employees of a child-placing agency may not:   (a) employ any device, scheme, or artifice to defraud;     (b) engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon any person;     (c) materially and intentionally misrepresent facts or information; or     (d) request or require a prospective adoptive parent to grant, as a condition of or in connection with entering into an agreement with a child-placing agency, a release of either the prospective adoptive parent's claims or the adoptive child's claims against the child-placing agency regarding any of the following:   (i) criminal misconduct;     (ii) ethical violations, as established by the Office of Licensing's administrative rules;     (iii) bad faith;     (iv) intentional torts;     (v) fraud;     (vi) gross negligence associated with care of the child, as described in Subsection 78B-6-134(3);     (vii) future misconduct that may arise before the adoption is finalized;     (viii) breach of contract; or     (ix) gross negligence.         (4) Subsection (3) does not prohibit a release of claims against a child-placing agency or a child-placing agency's employees for liability arising from the acts or the failure to act of a third party.    Amended by Chapter 148, 2017 General Session