reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 2 - Alternative Dispute Resolution Act › Section 203 - Purpose and findings.

Affected by 63I-1-278 on 7/1/2026
Effective 9/1/2021
78B-6-203.
Purpose and findings.
(1) The purpose of this part is to offer an alternative or supplement to the formal processes associated with a court trial and to promote the efficient and effective operation of the courts of this state by authorizing and encouraging the use of alternative methods of dispute resolution to secure the just, speedy, and inexpensive determination of civil actions filed in the courts of this state.
(2) The Legislature finds that:
(a) the use of alternative methods of dispute resolution authorized by this part will secure the purposes of Article I, Section 11, Utah Constitution, by providing supplemental or complementary means for the just, speedy, and inexpensive resolution of disputes;
(b) preservation of the confidentiality of ADR procedures will significantly aid the successful resolution of civil actions in a just, speedy, and inexpensive manner;
(c) ADR procedures will reduce the need for judicial resources and the time and expense of the parties;
(d) mediation has, in pilot programs, resulted in the just and equitable settlement of petitions for the protection of children under Section 80-3-201 and petitions for the terminations of parental rights under Section 80-4-201; and
(e) the purpose of this part will be promoted by authorizing the Judicial Council to establish rules to promote the use of ADR procedures by the courts of this state as an alternative or supplement to court trial.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 2 - Alternative Dispute Resolution Act › Section 204 - Dispute Resolution Programs -- Director -- Duties -- Report.

Affected by 63I-1-278 on 7/1/2026
Effective 5/8/2018
78B-6-204.
Dispute Resolution Programs -- Director -- Duties -- Report.
(1) Within the Administrative Office of the Courts, there shall be a director of Dispute Resolution Programs, appointed by the state court administrator.
(2) The director shall be an employee of the Administrative Office of the Courts and shall be responsible for the administration of all court-annexed Dispute Resolution Programs. The director shall have duties, powers, and responsibilities as the Judicial Council may determine. The qualifications for employment of the director shall be based on training and experience in the management, principles, and purposes of alternative dispute resolution procedures.
(3) In order to implement the purposes of this part, the Administrative Office of the Courts may employ or contract with ADR providers or ADR organizations on a case-by-case basis, on a service basis, or on a program basis.
(4) The Administrative Office of the Courts shall:
(a) establish programs for training ADR providers and orienting attorneys and their clients to ADR programs and procedures; and
(b) ensure that any training described in Subsection (4)(a) complies with Title 63G, Chapter 22, State Training and Certification Requirements.
(5) ADR providers and organizations are subject to the rules and fees set by the Judicial Council.
(6) An ADR provider is immune from all liability when conducting proceedings under the rules of the Judicial Council and the provisions of this part, except for wrongful disclosure of confidential information, to the same extent as a judge of the courts in this state.
(7)
(a) The director shall report annually to the Supreme Court, the Judicial Council, the governor, and the Utah State Bar on the operation of the Dispute Resolution Programs.
(b) The director shall provide the report to the Judiciary Interim Committee, if requested by the committee.
(c) Copies of the report shall be available to the public at the Administrative Office of the Courts.
(d) The report shall include:
(i) identification of participating judicial districts and the methods of alternative dispute resolution that are available in those districts;
(ii) the number and types of disputes received;
(iii) the methods of alternative dispute resolution to which the disputes were referred;
(iv) the course of the referral;
(v) the status of cases referred to alternative dispute resolution or the disposition of these disputes; and
(vi) any problems encountered in the administration of the program and the recommendations of the director as to the continuation or modification of any program.
(e) Nothing may be included in a report which would impair the privacy or confidentiality of any specific ADR proceeding.
Amended by Chapter 200, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 2 - Alternative Dispute Resolution Act › Section 205 - Judicial Council rules for ADR procedures.

Affected by 63I-1-278 on 7/1/2026
Effective 5/4/2022
78B-6-205.
Judicial Council rules for ADR procedures.
(1) To promote the use of ADR procedures, the Judicial Council may by rule establish experimental and permanent ADR programs administered by the Administrative Office of the Courts under the supervision of the director of Dispute Resolution Programs.
(2) The rules of the Judicial Council shall be based upon the purposes and provisions of this part. Any procedural and evidentiary rules adopted by the Supreme Court may not impinge on the constitutional rights of any parties.
(3) The rules of the Judicial Council shall include provisions:
(a) to orient parties and their counsel to the ADR program, ADR procedures, and the rules of the Judicial Council;
(b) to identify types of civil actions that qualify for ADR procedures;
(c) to refer to ADR procedures all or particular issues within a civil action;
(d) to protect persons not parties to the civil action whose rights may be affected in the resolution of the dispute;
(e) to ensure that no party or its attorney is prejudiced for electing, in good faith, not to participate in an optional ADR procedure;
(f) to exempt any case from the ADR program in which the objectives of ADR would not be realized;
(g) to create timetables to ensure that the ADR procedure is instituted and completed without undue delay or expense;
(h) to establish the qualifications of ADR providers for each form of ADR procedure including that formal education in any particular field may not, by itself, be either a prerequisite or sufficient qualification to serve as an ADR provider under the program authorized by this part;
(i) to govern the conduct of each type of ADR procedure, including the site at which the procedure is conducted;
(j) to establish the means for the selection of an ADR provider for each form of ADR procedure;
(k) to determine the powers, duties, and responsibilities of the ADR provider for each form of ADR procedure;
(l) to establish a code of ethics applicable to ADR providers with means for its enforcement;
(m) to protect and preserve the privacy and confidentiality of ADR procedures;
(n) to protect and preserve the privacy rights of the persons attending the ADR procedures;
(o) to permit waiver of all or part of fees assessed for referral of a case to the ADR program on a showing of indigency or other compelling reason;
(p) to authorize imposition of sanctions for failure of counsel or parties to participate in good faith in the ADR procedure assigned;
(q) to assess the fees to cover the cost of compensation for the services of the ADR provider and reimbursement for the provider's allowable, out-of-pocket expenses and disbursements; and
(r) to allow vacation of an award by a court as provided in Section 78B-11-124.
(4) The Judicial Council may, from time to time, limit the application of its ADR rules to particular judicial districts.
Amended by Chapter 272, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 2 - Alternative Dispute Resolution Act › Section 206 - Minimum procedures for arbitration.

Affected by 63I-1-278 on 7/1/2026
78B-6-206.
Minimum procedures for arbitration.
(1) An award in an arbitration proceeding shall be in writing and, at the discretion of the arbitrator or panel of arbitrators, may state the reasons or otherwise explain the nature or amount of the award.
(2) The award shall be final and enforceable as any other judgment in a civil action, unless:
(a) within 30 days after the filing of the award with the clerk of the court any party files with the clerk of court a demand for a trial de novo upon which the case shall be returned to the trial calendar; or
(b) any party files with the arbitrator or panel of arbitrators and serves a copy on all other parties a written request to modify the award on the grounds:
(i) there is an evident miscalculation of figures or description of persons or property referred to in the award;
(ii) the award does not dispose of all the issues presented to the arbitrator or panel of arbitrators for resolution; or
(iii) the award purports to resolve issues not submitted for resolution in the arbitration process.
(c) The period for filing a demand for trial de novo is tolled until the arbitrator or panel of arbitrators have acted on the request to modify the award, which must be completed within 30 days of the filing.
(3) The parties to an arbitration procedure may stipulate that:
(a) an award need not be filed with the court, except in those cases where the rights of third parties may be affected by the provisions of the award; and
(b) the case is dismissed in which the award was made.
(4)
(a) At any time the parties may enter into a written agreement for referral of the case or of issues in the case to arbitration pursuant to Title 78B, Chapter 11, Utah Uniform Arbitration Act, or the Federal Arbitration Act, 9 U.S.C. Sec. 1 et seq., as the parties shall specify.
(b) The court may dismiss the case, or if less than all the issues are referred to arbitration, stay the case for a reasonable period for the parties to complete a private arbitration proceeding.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 2 - Alternative Dispute Resolution Act › Section 207 - Minimum procedures for mediation.

Affected by 63I-1-278 on 7/1/2026
Effective 9/1/2022
78B-6-207.
Minimum procedures for mediation.
(1) A judge or court commissioner may refer to mediation any case for which the Judicial Council and Supreme Court have established a program or procedures. A party may file with the court an objection to the referral which may be granted for good cause.
(2)
(a) Unless all parties and the neutral or neutrals agree only parties, their representatives, and the neutral may attend the mediation sessions.
(b) If the mediation session is in accordance with a referral under Section 80-3-206 or 80-4-206, the ADR provider or ADR organization shall notify all parties to the proceeding and any person designated by a party. The ADR provider may notify any person whose rights may be affected by the mediated agreement or who may be able to contribute to the agreement. A party may request notice be provided to a person who is not a party.
(3)
(a) Except as provided in Subsection (3)(b), any settlement agreement between the parties as a result of mediation may be executed in writing, filed with the clerk of the court, and enforceable as a judgment of the court. If the parties stipulate to dismiss the action, any agreement to dismiss shall not be filed with the court.
(b) With regard to mediation affecting any petition filed under Section 80-3-201 or 80-4-201:
(i) all settlement agreements and stipulations of the parties shall be filed with the court;
(ii) all timelines, requirements, and procedures described in Title 80, Chapter 2, Child Welfare Services, Title 80, Chapter 2a, Removal and Protective Custody of a Child, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Title 80, Chapter 4, Termination and Restoration of Parental Rights, shall be complied with; and
(iii) the parties to the mediation may not agree to a result that could not have been ordered by the court in accordance with the procedures and requirements of Title 80, Chapter 2, Child Welfare Services, Title 80, Chapter 2a, Removal and Protective Custody of a Child, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Title 80, Chapter 4, Termination and Restoration of Parental Rights.
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 2 - Alternative Dispute Resolution Act › Section 208 - Confidentiality.

Affected by 63I-1-278 on 7/1/2026
Effective 9/1/2022
78B-6-208.
Confidentiality.
(1) ADR proceedings shall be conducted in a manner that encourages informal and confidential exchange among the persons present to facilitate resolution of the dispute or a part of the dispute. ADR proceedings shall be closed unless the parties agree that the proceedings be open. ADR proceedings may not be recorded.
(2) No evidence concerning the fact, conduct, or result of an ADR proceeding may be subject to discovery or admissible at any subsequent trial of the same case or same issues between the same parties.
(3) No party to the case may introduce as evidence information obtained during an ADR proceeding unless the information was discovered from a source independent of the ADR proceeding.
(4) Unless all parties and the neutral agree, no person attending an ADR proceeding, including the ADR provider or ADR organization, may disclose or be required to disclose any information obtained in the course of an ADR proceeding, including any memoranda, notes, records, or work product.
(5) Except as provided, an ADR provider or ADR organization may not disclose or discuss any information about any ADR proceeding to anyone outside the proceeding, including the judge or judges to whom the case may be assigned. An ADR provider or an ADR organization may communicate information about an ADR proceeding with the director for the purposes of training, program management, or program evaluation and when consulting with a peer. In making those communications, the ADR provider or ADR organization shall render anonymous all identifying information.
(6) Nothing in this section limits or affects the responsibility to report child abuse or neglect in accordance with Section 80-2-602.
(7) Records of ADR proceedings under this chapter or under Title 78B, Chapter 11, Utah Uniform Arbitration Act, may not be subject to Title 63G, Chapter 2, Government Records Access and Management Act, except settlement agreements filed with the court after conclusion of an ADR proceeding or awards filed with the court after the period for filing a demand for trial de novo has expired.
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 2 - Alternative Dispute Resolution Act › Section 209 - Dispute Resolution Account -- Appropriation.

Affected by 63I-1-278 on 7/1/2026
Effective 5/12/2015
78B-6-209.
Dispute Resolution Account -- Appropriation.
There is created a restricted account within the General Fund known as the "Dispute Resolution Account." Five dollars of the fees established in Subsections 78A-2-301(1)(a) through (e), (1)(g), and (1)(s) shall be allocated to and deposited into the Dispute Resolution Account. The Legislature shall annually appropriate money from the Dispute Resolution Account to the Administrative Office of the Courts to implement the purposes of Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act.
Amended by Chapter 74, 2015 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 301 - Acts and omissions constituting contempt.

78B-6-301.
Acts and omissions constituting contempt.
The following acts or omissions in respect to a court or its proceedings are contempts of the authority of the court:
(1) disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to interrupt the course of a trial or other judicial proceeding;
(2) breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding;
(3) misbehavior in office, or other willful neglect or violation of duty by an attorney, counsel, clerk, sheriff, or other person appointed or elected to perform a judicial or ministerial service;
(4) deceit, or abuse of the process or proceedings of the court, by a party to an action or special proceeding;
(5) disobedience of any lawful judgment, order or process of the court;
(6) acting as an officer, attorney or counselor, of a court without authority;
(7) rescuing any person or property that is in the custody of an officer by virtue of an order or process of the court;
(8) unlawfully detaining a witness or party to an action while going to, remaining at, or returning from, the court where the action is on the calendar for trial;
(9) any other unlawful interference with the process or proceedings of a court;
(10) disobedience of a subpoena duly served, or refusing to be sworn or to answer as a witness;
(11) when summoned as a juror in a court, neglecting to attend or serve, or improperly conversing with a party to an action to be tried at the court, or with any other person, concerning the merits of an action, or receiving a communication from a party or other person in respect to it, without immediately disclosing the communication to the court; and
(12) disobedience by an inferior tribunal, magistrate or officer of the lawful judgment, order or process of a superior court, or proceeding in an action or special proceeding contrary to law, after the action or special proceeding is removed from the jurisdiction of the inferior tribunal, magistrate or officer. Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authority of the officer.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 302 - Contempt in immediate presence of court -- Summary action -- Outside presence of court -- procedure.

78B-6-302.
Contempt in immediate presence of court -- Summary action -- Outside presence of court -- procedure.
(1) When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily. An order shall be made, reciting the facts occurring in the immediate view and presence of the court. The order shall state that the person proceeded against is guilty of a contempt and shall be punished as prescribed in Section 78B-6-310.
(2) When the contempt is not committed in the immediate view and presence of the court or judge, an affidavit or statement of the facts by a judicial officer shall be presented to the court or judge of the facts constituting the contempt.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 303 - Warrant of attachment or commitment order to show cause.

78B-6-303.
Warrant of attachment or commitment order to show cause.
If the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged to answer. If there is no previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted. A warrant of commitment may not be issued without a previous attachment to answer, or a notice or order to show cause.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 304 - Bail.

78B-6-304.
Bail.
Whenever a warrant of attachment is issued pursuant to this chapter, the court or judge must direct, by an indorsement on the warrant, that the person charged may be allowed to post bail for the person's appearance, in an amount to be prescribed in the indorsement.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 305 - Duty of sheriff -- Excuse for nonappearance -- Unnecessary restraint forbidden.

78B-6-305.
Duty of sheriff -- Excuse for nonappearance -- Unnecessary restraint forbidden.
(1) Upon executing the warrant of attachment, the sheriff shall keep the person in custody and bring the person before the court or judge until an order is made in the premises, unless the person arrested posts bail as provided in Section 78B-6-306.
(2) Whenever by the provisions of this chapter an officer is required to keep in custody a person arrested on a warrant of attachment and to bring the person before a court or judge, the inability from illness or otherwise of the person to attend is a sufficient excuse for not bringing the person up; and the officer must not confine a person arrested upon the warrant in a prison or otherwise restrain the person of personal liberty, except so far as may be necessary to secure the person's personal attendance.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 306 - Bail bond -- Form.

Effective 5/12/2020
78B-6-306.
Bail bond -- Form.
When a direction to allow the person arrested to post bail is contained in the warrant of attachment, the person shall be released if bond is posted and the person executes a written promise to appear on the return of the warrant, and abide by the order of the court or judge.
Amended by Chapter 121, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 307 - Officer's return.

78B-6-307.
Officer's return.
The officer shall return the warrant of arrest, and the undertaking, if any, received from the person arrested, by the return day specified therein.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 308 - Procedure when party charged fails to appear.

78B-6-308.
Procedure when party charged fails to appear.
When the warrant of arrest has been served, if the person arrested does not appear on the specified day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted or both. If the undertaking is prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued, and the costs of the proceeding.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 309 - Hearing.

78B-6-309.
Hearing.
When the person arrested has been brought up or has appeared, the court shall proceed to investigate the charge, and hear any answer which the person arrested may make. The court may examine witnesses for or against the person arrested, for which an adjournment may be had from time to time, if necessary.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 310 - Contempt -- Action by court.

Effective 7/1/2019
78B-6-310.
Contempt -- Action by court.
(1) The court shall determine whether the person proceeded against is guilty of the contempt charged. If the court finds the person is guilty of the contempt, the court may impose a fine not exceeding $1,000, order the person incarcerated in the county jail not exceeding 30 days, or both. However, a justice court judge or court commissioner may punish for contempt by a fine not to exceed $500 or by incarceration for five days or both.
(2) A fine imposed under this section is subject to the limitations of Subsection 76-3-301(2).
Amended by Chapter 234, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 311 - Damages to party aggrieved.

Effective 5/12/2020
78B-6-311.
Damages to party aggrieved.
(1) If an actual loss or injury to a party in an action or special proceeding is caused by the contempt, the court:
(a) in lieu of or in addition to the fine or imprisonment imposed for the contempt, may order the person proceeded against to pay the party aggrieved a sum of money sufficient to indemnify and satisfy the aggrieved party's costs and expenses; and
(b) may order that any bail posted by the person proceeded against be used to satisfy all or part of the money ordered to be paid to the aggrieved party.
(2) The order described in Subsection (1)(b), and the acceptance of money under the order, is a bar to an action by the aggrieved party for the loss and injury.
Amended by Chapter 121, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 312 - Imprisonment to compel performance.

78B-6-312.
Imprisonment to compel performance.
When the contempt consists of the omission to perform an act enjoined by law, which is yet in the power of the person to perform, the person may be imprisoned until the act is performed, or until released by the court. The act shall be specified in the warrant of commitment.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 313 - Contempt of process of nonjudicial officer -- Procedure.

Superseded 7/1/2024
78B-6-313.
Contempt of process of nonjudicial officer -- Procedure.
(1) If a person, officer, referee, arbitrator, board, or committee with the authority to compel the attendance of witnesses or the production of documents issues a subpoena and the person to whom the subpoena is issued refuses to appear or produce the documents ordered, the person shall be considered in contempt.
(2) The person, officer, referee, arbitrator, board, or committee may report the person to whom the subpoena is issued to the judge of the district court. The court may then issue a warrant of attachment or order to show cause to compel the person's appearance.
(3) When a person charged has been brought up or has appeared, the person's contempt may be purged in the same manner as other contempts mentioned in this part.
Enacted by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 313 - Contempt of process of nonjudicial officer -- Procedure.

Effective 7/1/2024
78B-6-313.
Contempt of process of nonjudicial officer -- Procedure.
(1) If a person, officer, referee, arbitrator, board, or committee with the authority to compel the attendance of witnesses or the production of documents issues a subpoena and the person to whom the subpoena is issued refuses to appear or produce the documents ordered, the person shall be considered in contempt.
(2)
(a) The person, officer, referee, arbitrator, board, or committee may report the person to whom the subpoena is issued to the court.
(b) The court may then issue a warrant of attachment or order to show cause to compel the person's appearance.
(3) When a person charged has been brought up or has appeared, the person's contempt may be purged in the same manner as other contempts mentioned in this part.
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 314 - Re-entry after eviction from real property.

78B-6-314.
Re-entry after eviction from real property.
(1) A person who is ordered to vacate real property by a court of competent jurisdiction, who, not having a right so to do, refuses to vacate, re-enters, or takes possession of, the real property, is guilty of a contempt of the court issuing the judgment.
(2) Upon a conviction for the contempt, the court shall immediately issue an alias process, directed to the proper officer, requiring the person to restore possession of the property to the party entitled to possession under the original judgment or process.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 315 - Noncompliance with child support order.

78B-6-315.
Noncompliance with child support order.
(1) When a court of competent jurisdiction, or the Office of Recovery Services pursuant to an action under Title 63G, Chapter 4, Administrative Procedures Act, makes an order requiring a parent to furnish support or necessary food, clothing, shelter, medical care, or other remedial care for his child, and the parent fails to do so, proof of noncompliance shall be prima facie evidence of contempt of court.
(2) Proof of noncompliance may be demonstrated by showing that:
(a) the order was made, and filed with the district court; and
(b) the parent knew of the order because:
(i) the order was mailed to the parent at his last-known address as shown on the court records;
(ii) the parent was present in court at the time the order was pronounced;
(iii) the parent entered into a written stipulation and the parent or counsel for the parent was sent a copy of the order;
(iv) counsel was present in court and entered into a stipulation which was accepted and the order based upon the stipulation was then sent to counsel for the parent; or
(v) the parent was properly served and failed to answer.
(3) Upon establishment of a prima facie case of contempt under Subsection (2), the obligor under the child support order has the burden of proving inability to comply with the child support order.
(4) A court may, in addition to other available sanctions, withhold, suspend, or restrict the use of driver's licenses, professional and occupational licenses, and recreational licenses and impose conditions for reinstatement upon a finding that:
(a) an obligor has:
(i) made no payment for 60 days on a current obligation of support as set forth in an administrative or court order and, thereafter, has failed to make a good faith effort under the circumstances to make payment on the support obligation in accordance with the order; or
(ii) made no payment for 60 days on an arrearage obligation of support as set forth in a payment schedule, written agreement with the Office of Recovery Services, or an administrative or judicial order and, thereafter, has failed to make a good faith effort under the circumstances to make payment on the arrearage obligation in accordance with the payment schedule, agreement, or order; and
(iii) not obtained a judicial order staying enforcement of the support or arrearage obligation for which the obligor would be otherwise delinquent;
(b) a custodial parent has:
(i) violated a parent-time order by denying contact for 60 days between a noncustodial parent and a child and, thereafter, has failed to make a good faith effort under the circumstances to comply with a parent-time order; and
(ii) not obtained a judicial order staying enforcement of the parent-time order; or
(c) an obligor or obligee, after receiving appropriate notice, has failed to comply with a subpoena or order relating to a paternity or child support proceeding.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 3 - Contempt › Section 316 - Compensatory service for violation of parent-time order or failure to pay child support.

78B-6-316.
Compensatory service for violation of parent-time order or failure to pay child support.
(1) If a court finds by a preponderance of the evidence that a parent has refused to comply with the minimum amount of parent-time ordered in a decree of divorce, the court shall order the parent to:
(a) perform a minimum of 10 hours of compensatory service; and
(b) participate in workshops, classes, or individual counseling to educate the parent about the importance of complying with the court order and providing a child a continuing relationship with both parents.
(2) If a custodial parent is ordered to perform compensatory service or undergo court-ordered education, there is a rebuttable presumption that the noncustodial parent be granted parent-time by the court to provide child care during the time the custodial parent is complying with compensatory service or education in order to recompense him for parent-time wrongfully denied by the custodial parent under the divorce decree.
(3) If a noncustodial parent is ordered to perform compensatory service or undergo court-ordered education, the court shall attempt to schedule the compensatory service or education at times that will not interfere with the noncustodial parent's parent-time with the child.
(4) The person ordered to participate in court-ordered education is responsible for expenses of workshops, classes, and individual counseling.
(5) If a court finds by a preponderance of the evidence that an obligor, as defined in Section 78B-12-102, has refused to pay child support as ordered by a court in accordance with Title 78B, Chapter 12, Utah Child Support Act, the court shall order the obligor to:
(a) perform a minimum of 10 hours of compensatory service; and
(b) participate in workshops, classes, or individual counseling to educate the obligor about the importance of complying with the court order and providing the children with a regular and stable source of support.
(6) The obligor is responsible for the expenses of workshops, classes, and individual counseling ordered by the court.
(7) If a court orders an obligor to perform compensatory service or undergo court-ordered education, the court shall attempt to schedule the compensatory service or education at times that will not interfere with the obligor's parent-time with the child.
(8) The sanctions that the court shall impose under this section do not prevent the court from imposing other sanctions or prevent any person from bringing a cause of action allowed under state or federal law.
(9) The Legislature shall allocate the money from the Children's Legal Defense Account to the judiciary to defray the cost of enforcing and administering this section.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 4 - Declaratory Judgments › Section 401 - Jurisdiction of district courts -- Form -- Effect.

78B-6-401.
Jurisdiction of district courts -- Form -- Effect.
(1) Each district court has the power to issue declaratory judgments determining rights, status, and other legal relations within its respective jurisdiction. An action or proceeding may not be open to objection on the ground that a declaratory judgment or decree is prayed for.
(2) The declaration may be either affirmative or negative in form and effect and shall have the force and effect of a final judgment or decree.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 4 - Declaratory Judgments › Section 402 - Court's general powers.

78B-6-402.
Court's general powers.
The provisions of Sections 78B-6-408, 78B-6-409, and 78B-6-410 do not limit or restrict the exercise of the general powers conferred in Section 78B-6-401 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 4 - Declaratory Judgments › Section 403 - Parties.

78B-6-403.
Parties.
(1) When declaratory relief is sought all persons shall be made parties who have or claim any interest which would be affected by the declaration, and a declaration may not prejudice the rights of persons not parties to the proceeding.
(2) In any proceeding which involves the validity of a municipal or county ordinance or franchise, the municipality or county shall be made a party, and shall be entitled to be heard.
(3) If a statute or state franchise or permit is alleged to be invalid, the attorney general shall be served with a copy of the proceeding and be entitled to be heard.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 4 - Declaratory Judgments › Section 404 - Discretion to deny declaratory relief.

78B-6-404.
Discretion to deny declaratory relief.
The court may refuse to render or enter a declaratory judgment or decree where a judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 4 - Declaratory Judgments › Section 405 - Appeals and reviews.

78B-6-405.
Appeals and reviews.
All orders, judgments, and decrees under this part may be reviewed in the same manner as other orders, judgments, and decrees.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 4 - Declaratory Judgments › Section 406 - Supplemental relief.

78B-6-406.
Supplemental relief.
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application for further relief shall be by petition to a court having jurisdiction to grant the relief. If the application is considered sufficient, the court shall, on reasonable notice, require any adverse party, whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be immediately granted.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 4 - Declaratory Judgments › Section 407 - Trial of issues of fact.

78B-6-407.
Trial of issues of fact.
When a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried in the court in which the proceeding is pending and determined in the same manner as issues of fact are tried and determined in other civil actions in the court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 4 - Declaratory Judgments › Section 408 - Rights, status, legal relations under instruments, or statutes may be determined.

78B-6-408.
Rights, status, legal relations under instruments, or statutes may be determined.
A person with an interest in a deed, will, or written contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may request the district court to determine any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 4 - Declaratory Judgments › Section 410 - Suit by fiduciary or representative.

78B-6-410.
Suit by fiduciary or representative.
Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic, or insolvent, may petition the court for a declaratory judgment:
(1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
(2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) to determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 4 - Declaratory Judgments › Section 412 - Chapter to be liberally construed.

78B-6-412.
Chapter to be liberally construed.
This chapter is to be remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 5 - Eminent Domain › Section 502 - Estates and rights that may be taken.

78B-6-502.
Estates and rights that may be taken.
The following estates and rights in lands are subject to being taken for public use:
(1) a fee simple, when taken for:
(a) public buildings or grounds;
(b) permanent buildings;
(c) reservoirs and dams, and permanent flooding occasioned by them;
(d) any permanent flood control structure affixed to the land;
(e) an outlet for a flow, a place for the deposit of debris or tailings of a mine, mill, smelter, or other place for the reduction of ores; and
(f) solar evaporation ponds and other facilities for the recovery of minerals in solution, except when the surface ground is underlaid with minerals, coal, or other deposits sufficiently valuable to justify extraction, only a perpetual easement may be taken over the surface ground over the deposits;
(2) an easement, when taken for any other use; and
(3) the right of entry upon and occupation of lands, with the right to take from those lands earth, gravel, stones, trees, and timber as necessary for a public use.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 5 - Eminent Domain › Section 503 - Private property which may be taken.

78B-6-503.
Private property which may be taken.
Private property which may be taken under this part includes:
(1) all real property belonging to any person;
(2) lands belonging to the state, or to any county, city or incorporated town, not appropriated to some public use;
(3) property appropriated to public use; provided that the property may not be taken unless for a more necessary public use than that to which it has already been appropriated;
(4) franchises for toll roads, toll bridges, ferries, and all other franchises; provided that the franchises may not be taken unless for free highways, railroads, or other more necessary public use;
(5) all rights of way for any and all purposes mentioned in Section 78B-6-501 hereof, and any and all structures and improvements on the property, and the lands held or used in connection with the property, shall be subject to be connected with, crossed, or intersected by any other right of way or improvement or structure; they shall also be subject to a limited use in common with the owners, when necessary; but uses of crossings, intersections, and connections shall be made in the manner most compatible with the greatest public benefit and the least private injury; and
(6) all classes of private property not enumerated if the taking is authorized by law.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 5 - Eminent Domain › Section 503.5 - Other property which may be taken -- State as plaintiff.

78B-6-503.5.
Other property which may be taken -- State as plaintiff.
(1) Subject to Subsections (2) and (3), property which may be taken under this part includes property possessed by the federal government unless the property was acquired by the federal government with the consent of the Legislature and in accordance with the United States Constitution Article I, Section 8, Clause 17.
(2) The state shall be the plaintiff described in Section 78B-6-507 in an action to condemn property described in Subsection (1).
(3) The following do not apply to an action authorized under Subsection (1):
(a) Section 78B-6-505;
(b) Section 78B-6-520;
(c) Section 78B-6-521; and
(d)Title 57, Chapter 12, Utah Relocation Assistance Act.
Enacted by Chapter 250, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 5 - Eminent Domain › Section 504 - Conditions precedent to taking.

78B-6-504.
Conditions precedent to taking.
(1) Before property can be taken it must appear that:
(a) the use to which it is to be applied is a use authorized by law;
(b) the taking is necessary for the use;
(c) construction and use of all property sought to be condemned will commence within a reasonable time as determined by the court, after the initiation of proceedings under this part; and
(d) if already appropriated to some public use, the public use to which it is to be applied is a more necessary public use.
(2)
(a) As used in this section, "governing body" means:
(i) for a county, city, or town, the legislative body of the county, city, or town; and
(ii) for any other political subdivision of the state, the person or body with authority to govern the affairs of the political subdivision.
(b) Property may not be taken by a political subdivision of the state unless the governing body of the political subdivision approves the taking.
(c) Before taking a final vote to approve the filing of an eminent domain action, the governing body of each political subdivision intending to take property shall provide written notice to each owner of property to be taken of each public meeting of the political subdivision's governing body at which a vote on the proposed taking is expected to occur and allow the property owner the opportunity to be heard on the proposed taking.
(d) The requirement under Subsection (2)(c) to provide notice to a property owner is satisfied by the governing body mailing the written notice to the property owner:
(i) at the owner's address as shown on the records of the county assessor's office; and
(ii) at least 10 business days before the public meeting.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 5 - Eminent Domain › Section 506 - Right of entry for survey and location.

78B-6-506.
Right of entry for survey and location.
(1) If land is required for public use, the person or the person's agent in charge of the use may survey and locate the property. It must be located in the manner which will be most compatible with the greatest public good and the least private injury, and subject to the provisions of this chapter.
(2)
(a) The person or the person's agent in charge of the public use may, at reasonable times and upon reasonable notice, enter upon the land and make examinations, surveys, and maps of the land.
(b) Entry upon land as authorized under Subsection (2)(a) does not constitute a cause of action in favor of the owners of the lands, except for actual damage to the land and improvements on the land caused by the entry and which is not repaired on or before the date the examinations and surveys are completed.
Renumbered and Amended by Chapter 3, 2008 General Session