reglab/housing_qa huggingface dataset:
UT Code § 78B-19-104 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 19 - Utah Uniform Collaborative Law Act|Section 104 - Collaborative law participation agreement -- Requirements.

78B-19-104. Collaborative law participation agreement -- Requirements.    (1) A collaborative law participation agreement must:   (a) be in a record;     (b) be signed by the parties;     (c) state the parties' intention to resolve a collaborative matter through a collaborative law process under this chapter;     (d) describe the nature and scope of the matter;     (e) identify the collaborative lawyer who represents each party in the process; and     (f) contain a statement by each collaborative lawyer confirming the lawyer's representation of a party in the collaborative law process.       (2) Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this chapter.    Enacted by Chapter 382, 2010 General Session
UT Code § 78B-19-105 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 19 - Utah Uniform Collaborative Law Act|Section 105 - Beginning and concluding a collaborative law process.

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 objection.     (3) A collaborative law process is concluded by a:   (a) resolution of a collaborative matter as evidenced by a signed record;     (b) resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or     (c) termination of the process.       (4) A collaborative law process terminates:   (a) when a party gives notice to other parties in a record that the process is ended; or     (b) when a party:   (i) begins a proceeding related to a collaborative matter without the agreement of all parties; or     (ii) in a pending proceeding related to the matter:   (A) initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;     (B) requests that the proceeding be put on the tribunal's calendar; or     (C) takes similar action requiring notice to be sent to the parties; or         (c) except as otherwise provided by Subsection (5), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.       (5) A party's collaborative lawyer shall give prompt notice to all other parties of a discharge or withdrawal, in accordance with the Rules of Civil Procedure.     (6) A party may terminate a collaborative law process with or without cause.     (7) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by Subsection (4)(c) is sent to the parties:   (a) the unrepresented party engages a successor collaborative lawyer; and     (b) in a signed record:   (i) the parties consent to continue the process by reaffirming the collaborative law participation agreement;     (ii) the agreement is amended to identify the successor collaborative lawyer; and     (iii) the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.         (8) A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.     (9) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.    Enacted by Chapter 382, 2010 General Session
UT Code § 78B-19-106 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 19 - Utah Uniform Collaborative Law Act|Section 106 - Proceedings pending before tribunal -- Status report.

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 tribunal a notice of the agreement after it is signed. Subject to Subsection (3) and Sections 78B-19-107 and 78B-19-108, the filing shall include a request for a stay of the proceeding.     (2) Parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes and request the stay to be lifted. The notice may not specify any reason for termination of the process.     (3) A tribunal in which a proceeding is stayed under Subsection (1) may require parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.     (4) A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.    Enacted by Chapter 382, 2010 General Session
UT Code § 78B-19-107 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 19 - Utah Uniform Collaborative Law Act|Section 107 - Emergency orders.

 Effective 7/1/2020  78B-19-107. Emergency orders.  During a collaborative law process, a court may issue emergency orders, including protective orders in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, or Part 2, Child Protective Orders, to protect the health, safety, welfare, or interest of a party or member of a party's household. Amended by Chapter 142, 2020 General Session
UT Code § 78B-19-108 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 19 - Utah Uniform Collaborative Law Act|Section 108 - Approval of agreement by tribunal.

78B-19-108. Approval of agreement by tribunal.  A court may approve an agreement resulting from a collaborative law process.  Enacted by Chapter 382, 2010 General Session
UT Code § 78B-19-109 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 19 - Utah Uniform Collaborative Law Act|Section 109 - Disclosure of information.

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 without formal discovery. A party also shall update promptly previously disclosed information that has materially changed. Parties may define the scope of disclosure during the collaborative law process.  Enacted by Chapter 382, 2010 General Session
UT Code § 78B-19-110 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 19 - Utah Uniform Collaborative Law Act|Section 110 - Standards of professional responsibility and mandatory reporting not affected.

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 report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state.    Enacted by Chapter 382, 2010 General Session
UT Code § 78B-19-111 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 19 - Utah Uniform Collaborative Law Act|Section 111 - Appropriateness of collaborative law process.

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 collaborative law process is appropriate for the prospective party's matter;     (2) provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation; and     (3) advise the prospective party that:   (a) after signing an agreement if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;     (b) participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause; and     (c) the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by the Rules of Professional Conduct.      Enacted by Chapter 382, 2010 General Session
UT Code § 78B-19-112 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 19 - Utah Uniform Collaborative Law Act|Section 112 - Coercive or violent relationship.

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 another prospective party.     (2) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.     (3) If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:   (a) the party or the prospective party requests to begin or to continue a process; and     (b) the collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.      Enacted by Chapter 382, 2010 General Session
UT Code § 78B-19-113 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 19 - Utah Uniform Collaborative Law Act|Section 113 - Confidentiality of collaborative law communication.

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.  Enacted by Chapter 382, 2010 General Session
UT Code § 78B-19-114 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 19 - Utah Uniform Collaborative Law Act|Section 114 - Authority of tribunal in case of noncompliance.

78B-19-114. Authority of tribunal in case of noncompliance.    (1) If an agreement fails to meet the requirements of Section 78B-19-104, or a lawyer fails to comply with Section 78B-19-111 or 78B-19-112, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:   (a) signed a record indicating an intention to enter into a collaborative law participation agreement; and     (b) reasonably believed they were participating in a collaborative law process.       (2) If a court makes the findings specified in Subsection (1), and the interests of justice require, the court may:   (a) enforce an agreement evidenced by a record resulting from the process in which the parties participated;     (b) apply the disqualification provisions of Sections 78B-19-105 and 78B-19-106; and     (c) apply the privileges in the Utah Rules of Evidence.      Enacted by Chapter 382, 2010 General Session
UT Code § 78B-19-115 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 19 - Utah Uniform Collaborative Law Act|Section 115 - Uniformity of application and construction.

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.  Enacted by Chapter 382, 2010 General Session
UT Code § 78B-19-116 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 19 - Utah Uniform Collaborative Law Act|Section 116 - Relation to Electronic Signatures in Global and National Commerce Act.

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 Section 101(c) of that act, 15 U.S.C.A. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Sec. 103(b) of that act, 15 U.S.C.A. Sec. 7003(b).  Enacted by Chapter 382, 2010 General Session
UT Code § 78B-21-101 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 21 - Uniform Commercial Real Estate Receivership Act|Section 101 - Title.

 Effective 5/9/2017  78B-21-101. Title.  This chapter is known as the "Uniform Commercial Real Estate Receivership Act." Enacted by Chapter 431, 2017 General Session
UT Code § 78B-21-103 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 21 - Uniform Commercial Real Estate Receivership Act|Section 103 - Notice and opportunity for a hearing.

 Effective 5/9/2017  78B-21-103. Notice and opportunity for a hearing.    (1) Except as otherwise provided in Subsection (2), the court may issue an order under this chapter only after notice and opportunity for a hearing, as appropriate in the circumstances.     (2) The court may issue an order under this chapter:   (a) without prior notice if the circumstances require issuance of an order before notice is given;     (b) after notice and without a prior hearing if the circumstances require issuance of an order before a hearing is held; or     (c) after notice and without a hearing if no interested party timely requests a hearing.      Enacted by Chapter 431, 2017 General Session
UT Code § 78B-21-104 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 21 - Uniform Commercial Real Estate Receivership Act|Section 104 - Scope -- Exclusions.

 Effective 5/9/2017  78B-21-104. Scope -- Exclusions.    (1) Except as otherwise provided in Subsection (2) or (3), 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) This chapter does not apply to a receivership for an interest in real property improved by one to four dwelling units unless:   (a) the interest is used for agricultural, commercial, industrial, or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owner's primary residence;     (b) the interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial, or mineral-extraction purposes;     (c) the owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owner's business; or     (d) the owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.       (3) This chapter does not apply to a receivership authorized by law of this state other than this chapter in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the governmental unit.     (4) This chapter does not limit the authority of a court to appoint a receiver under other state law.     (5) Unless displaced by a particular provision of this chapter, the principles of law and equity supplement this chapter.    Enacted by Chapter 431, 2017 General Session
UT Code § 78B-21-105 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 21 - Uniform Commercial Real Estate Receivership Act|Section 105 - Power of court.

 Effective 5/9/2017  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. Enacted by Chapter 431, 2017 General Session
UT Code § 78B-21-106 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 21 - Uniform Commercial Real Estate Receivership Act|Section 106 - Appointment of receiver.

 Effective 5/9/2017  78B-21-106. Appointment of receiver.    (1) The court may appoint a receiver:   (a) 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:   (i) is being subjected to or is in danger of waste, loss, dissipation, or impairment; or     (ii) has been or is about to be the subject of a voidable transaction;       (b) after judgment:   (i) to carry the judgment into effect; or     (ii) to preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment;       (c) in an action in which a receiver for real property may be appointed on equitable grounds; or     (d) during the time allowed for redemption, to preserve a property sold in an execution or foreclosure sale and secure the property's rents to the person entitled to the property's rents.       (2) In connection with the foreclosure or other enforcement of a mortgage, a mortgagee is entitled to appointment of a receiver for the mortgaged property if:   (a) appointment is necessary to protect the property from waste, loss, transfer, dissipation, or impairment;     (b) the mortgagor agreed in a signed record to appointment of a receiver on default;     (c) the owner agreed, after default and in a signed record, to appointment of a receiver;     (d) the property and any other collateral held by the mortgagee are not sufficient to satisfy the secured obligation;     (e) the owner fails to turn over to the mortgagee proceeds or rents the mortgagee was entitled to collect; or     (f) the holder of a subordinate lien obtains appointment of a receiver for the property.       (3)   (a) The court may condition appointment of a receiver without prior notice under Subsection 78B-21-103(2)(a) or without a prior hearing under Subsection 78B-21-103(2)(b) on the giving of security by the person seeking the appointment for the payment of damages, reasonable attorney fees, and costs incurred or suffered by any person if the court later concludes that the appointment was not justified.     (b) If the court later concludes that the appointment described in Subsection (3)(a) was justified, the court shall release the security.      Enacted by Chapter 431, 2017 General Session
UT Code § 78B-21-107 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 21 - Uniform Commercial Real Estate Receivership Act|Section 107 - Disqualification from appointment as receiver -- Disclosure of interest.

 Effective 5/9/2017  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 provided in Subsection (3), a person is disqualified from appointment as receiver if the person:   (a) is an affiliate of a party;     (b) has an interest materially adverse to an interest of a party;     (c) has a material financial interest in the outcome of the action, other than the compensation the court may allow the receiver;     (d) has a debtor-creditor relationship with a party; or     (e) holds an equity interest in a party, other than a noncontrolling interest in a publicly traded company.       (3) A person is not disqualified from appointment as receiver solely because the person:   (a) was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership;     (b) is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family, or household purposes; or     (c) maintains with a party a deposit account as defined in Section 70A-9a-102.       (4) A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.    Enacted by Chapter 431, 2017 General Session
UT Code § 78B-21-108 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 21 - Uniform Commercial Real Estate Receivership Act|Section 108 - Receiver's bond -- Alternative security.

 Effective 5/9/2017  78B-21-108. Receiver's bond -- Alternative security.    (1) Except as otherwise provided in Subsection (2), a receiver shall post with the court a bond that:   (a) is conditioned on the faithful discharge of the receiver's duties;     (b) has one or more sureties approved by the court;     (c) is in an amount the court specifies; and     (d) is effective as of the date of the receiver's appointment.       (2)   (a) The court may approve the posting by a receiver with the court of alternative security, such as a letter of credit or deposit of funds.     (b) The receiver may not use receivership property as alternative security.     (c) Interest that accrues on deposited funds must be paid to the receiver on the receiver's discharge.       (3) The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section.     (4) A claim against a receiver's bond or alternative security must be made not later than one year after the date the receiver is discharged.    Enacted by Chapter 431, 2017 General Session
UT Code § 78B-21-109 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 21 - Uniform Commercial Real Estate Receivership Act|Section 109 - Status of receiver as lien creditor.

 Effective 5/9/2017  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)Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions, as to receivership property that is personal property or fixtures; and     (2)Title 57, Chapter 9, Marketable Record Title, as to receivership property that is real property.    Enacted by Chapter 431, 2017 General Session
UT Code § 78B-21-110 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 21 - Uniform Commercial Real Estate Receivership Act|Section 110 - Security agreement covering after-acquired property.

 Effective 5/9/2017  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 appointment to the same extent as if the court had not appointed the receiver. Enacted by Chapter 431, 2017 General Session