reglab/housing_qa huggingface dataset:
UT Code § 39-6-62 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 62 - Petition for new trial -- Grounds.

39-6-62. Petition for new trial -- Grounds.  Within 30 days after approval by the convening authority of a military court sentence, the accused may petition the convening authority for a new trial on the ground of newly discovered evidence or fraud on the court.  Amended by Chapter 15, 1989 General Session
UT Code § 39-6-63 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 63 - Sentence -- Remission or suspension.

39-6-63. Sentence -- Remission or suspension.    (1) A convening authority may remit or suspend any part or amount of the unexecuted portion of the sentence, including all uncollected forfeitures.     (2) The governor may for good cause shown substitute an administrative form of a discharge for a bad conduct discharge or dismissal executed under a military court sentence.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-64 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 64 - Sentence set aside -- Rights restored.

39-6-64. Sentence set aside -- Rights restored.    (1) Under rules prescribed by the governor or the adjutant general all rights, privileges, and property affected by an executed portion of a military court sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the executed part is included in a sentence imposed upon the new trial or rehearing.     (2) If a previously executed sentence of bad conduct discharge is not imposed in a new trial, the governor shall substitute a discharge authorized for administrative issue, unless the accused is serving the remainder of his enlistment.     (3)   (a) If a previously executed sentence of dismissal is not imposed in a new trial, the governor shall substitute a discharge authorized for administrative issue.     (b) The commissioned officer dismissed by the sentence may be reappointed by the governor to the grade and rank he had attained, if a position is available under applicable organization.     (c) Time between the dismissal and reappointment is considered service for all purposes.      Amended by Chapter 9, 1988 Special Session 2Amended by Chapter 9, 1988 Special Session 2
UT Code § 39-6-65 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 65 - Finality of military court judgments.

39-6-65. Finality of military court judgments.    (1) The proceedings, findings, and sentence a military court has reviewed and approved under this chapter, and all dismissals and discharges executed under sentences by military court following review and approval under this chapter, are final and conclusive.     (2) Orders publishing the proceedings of military court and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for new trial under Section 39-6-62.    Amended by Chapter 9, 1988 Special Session 2Amended by Chapter 9, 1988 Special Session 2
UT Code § 39-6-107 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 107 - Courts of inquiry.

39-6-107. Courts of inquiry.    (1) Courts of inquiry to investigate any matter may be convened by the governor or his designee, whether or not the persons involved have requested the inquiry.     (2) A court of inquiry consists of three or more commissioned officers. For each court, the convening authority shall also appoint counsel for the court.     (3)   (a) A person subject to this chapter whose conduct is subject to inquiry shall be designated as a party. A person subject to this chapter or employed by the National Guard, who has a direct interest in the subject of inquiry, has the right to be designated as a party upon request to the court.     (b) A person designated as a party shall be given due notice and has the right to be present, represented by counsel, to have counsel appointed, to cross examine witnesses, and to introduce evidence.       (4) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.     (5) The members, counsel, the reporter, and interpreters of a court of inquiry shall take an oath or affirmation to faithfully perform their duties.     (6) Witnesses may be summoned to appear and testify and be examined before a court of inquiry, under the same provisions as for a military court.     (7) A court of inquiry shall make findings of fact but may not express opinions or make recommendations, unless required to do so by the convening authority.     (8)   (a) A court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority.     (b) If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be authenticated by a member in lieu of the counsel.      Amended by Chapter 110, 1993 General Session
UT Code § 39-6-108 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 108 - Execution of military court processes and sentences.

39-6-108. Execution of military court processes and sentences.  The processes and sentences of the National Guard in its military court, when the guard is not in federal service, shall be executed by the civil officers prescribed by state law.  Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-109 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 109 - Military court -- Authority -- Processes and mandates.

39-6-109. Military court -- Authority -- Processes and mandates.    (1) A military court may issue all processes and mandates necessary to carry into effect the court's authority. The court may issue subpoenas duces tecum and enforce by attachment the attendance of witnesses and production of books and records, when they are in the state, and the courts are sitting in the state.     (2) The processes and mandates:   (a) may be issued by a military court judge or the president of other military courts;     (b) may be directed to and executed by the military police assigned to the court, or any peace officer; and     (c) shall be in a form prescribed by regulations issued under this chapter.       (3)   (a) All officers to whom the processes or mandates are directed shall execute them and make return of their acts according to the requirements of the documents.     (b) Except where otherwise provided under this chapter, an officer may not demand or require payment of any fee or charge for receiving, executing, or returning a process or mandate, or for any service in connection with either document.      Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-110 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 110 - Fines.

39-6-110. Fines.    (1) Fines may be paid to a military court or to an officer executing its process. The amount of the fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or to become due to him, until the fine is completely paid.     (2) Any sum deducted shall be turned in to the military court which imposed the fine and shall be paid by the officer receiving it under the same procedure as for fines and other money collected under a sentence of a military court.     (3) A fine or penalty imposed by a military court upon an officer or enlisted person shall be paid by the officer collecting it to the state General Fund, within 30 days.    Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-111 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 111 - Action by military court -- Protection from prosecution.

39-6-111. Action by military court -- Protection from prosecution.  An action or proceeding may not be prosecuted against the convening authority or a member of a military court, or an officer or person acting under its authority or reviewing its proceedings, because of the approval, imposition, or execution of any sentence, or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.  Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-112 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 112 - Presumption of military court jurisdiction.

39-6-112. Presumption of military court jurisdiction.  The jurisdiction of military courts established under this chapter shall be presumed. The burden of proof rests on any person claiming the court does not have jurisdiction in any action or proceeding.  Enacted by Chapter 210, 1988 General Session
UT Code § 39-6-113 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 113 - Jurisdiction over offenses.

 Effective 5/8/2018  39-6-113. Jurisdiction over offenses.    (1) A member may not be tried or punished by court-martial or non-judicial punishment respectively for any offense unless the offense was committed while the member was in a military duty status under Title 32, United States Code, or while on state active duty orders.     (2) Nothing in this section shall limit a commander's authority to use adverse administrative action to address misconduct by a member, regardless of the member's status at the time of the misconduct.    Amended by Chapter 131, 2018 General Session
UT Code § 39-6-114 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 6 - Utah Code of Military Justice|Section 114 - Chapter interpretation -- Federal law governs.

 Effective 5/8/2018  39-6-114. Chapter interpretation -- Federal law governs.    (1) Federal laws and regulations, forms, precedents, and usages relating to and governing the armed forces of the United States and the National Guard not inconsistent with the constitution and laws of this state or with a rule or regulation adopted pursuant to Section 39-1-3, apply to and govern the National Guard of this state, including all members on active duty within the state as active duty guard/reserve personnel under U.S.C.A. Title 32, National Guard.     (2) The Uniform Code of Military Justice, 10 U.S.C.A. 47, including regulations, manuals, forms, precedents, and usages implementing, interpreting and complementing the code, is adopted for use by the National Guard of this state and applies as long as it is not inconsistent with:   (a) the constitution and laws of this state, including the regulations, manuals, forms, precedents, and usages implementing, interpreting, and complementing the constitution and laws of this state; or     (b) a rule or regulation adopted pursuant to Section 39-1-3, to govern the National Guard of this state, including all members on active duty within the state as active duty guard/reserve personnel under U.S.C.A. Title 32, National Guard, when the members are serving other than in a federal capacity under U.S.C.A. Title 10.      Repealed and Re-enacted by Chapter 131, 2018 General Session
UT Code § 39-7-101 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 7 - Utah Service Members' Civil Relief Act|Section 101 - Short title.

39-7-101. Short title.  This chapter is known as the Utah Service Members' Civil Relief Act.  Enacted by Chapter 306, 1997 General Session
UT Code § 39-7-102 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 7 - Utah Service Members' Civil Relief Act|Section 102 - Definitions.

39-7-102. Definitions.    (1) "Dependent" means the spouse and children of a service member or any other person dependent upon the service member for support.     (2) "Interest" includes service charges, renewal charges, fees, or any other charges in respect to any obligation or liability.     (3) "Military service" means active, full-time service with a recognized military unit called into service by the governor for at least 30 days.     (4) "Service member" means any member of the National Guard serving on active military service in an organized military unit.    Enacted by Chapter 306, 1997 General Session
UT Code § 39-7-103 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 7 - Utah Service Members' Civil Relief Act|Section 103 - Application of this chapter.

39-7-103. Application of this chapter.    (1) This chapter shall apply to all service members on military orders who are unable to perform, continue, or complete civil obligations due to military service.     (2) This chapter does not apply to military service performed under orders issued pursuant to Title 10 or Title 32, United States Code.     (3) Proper application of this chapter shall suspend or postpone actions upon those obligations until 60 days after discharge from active, full-time, military service.    Enacted by Chapter 306, 1997 General Session
UT Code § 39-7-104 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 7 - Utah Service Members' Civil Relief Act|Section 104 - Reopening default judgments.

39-7-104. Reopening default judgments.    (1) A default judgment rendered in any civil action against a service member during a period of military service or within 30 days after termination of the military service may be set aside if:   (a) it appears that the person was prejudiced by reason of his military service in making a defense to the action;     (b) application by the person or his legal representative is made to the court rendering the judgment not later than 60 days after the termination of the military service; and     (c) the application provides enough facts that it appears that the defendant has a meritorious or legal defense to the action or some part of the action.       (2) Vacating, setting aside, or reversing any judgment because of any of the provisions of this chapter may not impair any right or title acquired by any bona fide purchaser for value under the judgment.    Enacted by Chapter 306, 1997 General Session
UT Code § 39-7-105 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 7 - Utah Service Members' Civil Relief Act|Section 105 - Stay of proceedings.

39-7-105. Stay of proceedings.    (1) If at any point during an action or proceeding it appears that a plaintiff or defendant is a service member and in the conduct of the proceedings may be adversely affected by his military service, the court may, on its own motion, stay the proceedings.     (2) The court may stay the proceedings if the service member or another person on his behalf makes a request in writing to the court, unless the court determines on the record that the ability of the plaintiff to pursue the action or the defendant to conduct his defense is not materially affected by reason of his military service.    Enacted by Chapter 306, 1997 General Session
UT Code § 39-7-106 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 7 - Utah Service Members' Civil Relief Act|Section 106 - Fines and penalties on contracts.

39-7-106. Fines and penalties on contracts.    (1) If compliance with the terms of a contract is stayed pursuant to this chapter, a fine or penalty may not accrue by reason of failure to comply during the period of the stay.     (2) If a service member has not obtained a stay and a fine or penalty is imposed for nonperformance of an obligation, a court may relieve enforcement if the service member was in military service when the penalty was incurred and his ability to pay or perform was materially impaired.    Enacted by Chapter 306, 1997 General Session
UT Code § 39-7-107 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 7 - Utah Service Members' Civil Relief Act|Section 107 - Exercise of rights not to affect future financial transactions.

39-7-107. Exercise of rights not to affect future financial transactions.  Application by a service member in military service for, or receipt of, a stay, postponement, or suspension under the provisions of this chapter in the payment of any fine, penalty, insurance premium, or other civil obligation or liability may not be used for any of the following:  (1) a determination by any lender or other person that the service member is unable to pay any civil obligation or liability in accordance with its terms;     (2) with respect to a credit transaction between a creditor and a service member:   (a) a denial or revocation of credit by the creditor;     (b) a change by the creditor in the terms of an existing credit arrangement; or     (c) a refusal by the creditor to grant credit to the service member in substantially the amount or on substantially the terms requested; or       (3) an adverse report relating to the creditworthiness of the service member by or to any person or entity engaged in the practice of assembling or evaluating consumer credit information.    Enacted by Chapter 306, 1997 General Session
UT Code § 39-7-108 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 7 - Utah Service Members' Civil Relief Act|Section 108 - Stay of execution of judgment.

39-7-108. Stay of execution of judgment.  Unless the court determines on the record that the ability of the service member to comply with the judgment or order entered or sought is not materially affected by reason of his military service, the court may, on its own motion, or upon application to it by the service member or another person on his behalf:  (1) stay the execution of any judgment or order entered against the service member, as provided in this chapter; and     (2) vacate or stay any attachment or garnishment of property, money, or debts in the hands of another, whether before or after judgment as provided in this chapter.    Enacted by Chapter 306, 1997 General Session
UT Code § 39-7-109 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 7 - Utah Service Members' Civil Relief Act|Section 109 - Duration of stays.

39-7-109. Duration of stays.    (1) Any stay of any action, proceeding, attachment, or execution, ordered by any court under the provisions of this chapter may be ordered for the period of military service plus 60 days after its termination or any part of that time period.     (2) Where the service member in military service is a codefendant with others, the plaintiff may, with leave of the court, proceed against the others.    Enacted by Chapter 306, 1997 General Session
UT Code § 39-7-110 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 7 - Utah Service Members' Civil Relief Act|Section 110 - Statutes of limitations affected by military service.

39-7-110. Statutes of limitations affected by military service.  The period of military service is not included in computing any period limited by law, rule, or order for the bringing of any action or proceeding in any court, board, bureau, commission, department, or other agency of government by or against any person in military service or by or against his heirs, executors, administrators, or assigns, whether the cause of action or the right or privilege to institute the action or proceeding has accrued prior to or during the period of military service.  Enacted by Chapter 306, 1997 General Session
UT Code § 39-7-111 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 7 - Utah Service Members' Civil Relief Act|Section 111 - Maximum rate of interest.

39-7-111. Maximum rate of interest.  An obligation or liability bearing interest at a rate in excess of six percent per year incurred by a service member in military service before his entry into military service may not, during any part of the period of military service, bear interest at a rate in excess of six percent per year unless, in the opinion of the court and upon application to the court by the obligee, the ability of the service member to pay interest upon the obligation or liability at a rate in excess of six percent per year is not materially affected by reason of his service. The court may make any order in the action that, in its opinion, is just.  Enacted by Chapter 306, 1997 General Session
UT Code § 39-7-112 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 7 - Utah Service Members' Civil Relief Act|Section 112 - Dependent benefits.

39-7-112. Dependent benefits.  Dependents of a service member in military service are entitled to the benefits accorded to service members in military service under the provisions of Sections 39-7-113 through 39-7-117 upon application to a court, unless, in the opinion of the court, the ability of the dependents to comply with the terms of the obligation, contract, lease, or bailment has not been materially impaired by reason of the military service of the service member upon whom the applicants are dependent.  Enacted by Chapter 306, 1997 General Session
UT Code § 39-7-113 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 7 - Utah Service Members' Civil Relief Act|Section 113 - Eviction or distress of dependents.

 Effective 5/8/2018  39-7-113. Eviction or distress of dependents.    (1) A landlord may not evict or take and hold property of a service member or the service member's dependents for nonpayment of rent during the period of military service if the rent on the premises occupied by the service member or the service member's dependents is less than $2,400 per month unless a court allows it after application to the court and an order granted in an action or proceeding affecting the right of possession.     (2) In any action affecting the right of possession, the court may, on its own motion, stay the proceedings for not longer than three months, or make any order the court determines to be reasonable and just under the circumstances, unless the court finds that the ability of the tenant to pay the agreed rent is not materially affected by reason of the service member's military service.     (3) When a stay is granted or other order is made by the court, the owner of the premises shall be entitled, upon application, to relief with respect to the premises similar to that granted service members in military service in Sections 39-7-114 through 39-7-116 to the extent and for any period as the court determines to be just and reasonable under the circumstances.     (4) Any person who knowingly takes part in any eviction or distress otherwise than as provided in Subsection (1), or attempts to do so, is guilty of a class B misdemeanor.     (5) The governor is empowered to order an allotment of the pay of a service member in military service in reasonable proportion to discharge the rent of premises occupied for dwelling purposes by any dependents of the service member.    Amended by Chapter 148, 2018 General Session