reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 113 - Jury not selected in conformity with chapter -- Procedure to challenge -- Relief available -- Exclusive remedy.

78B-1-113.
Jury not selected in conformity with chapter -- Procedure to challenge -- Relief available -- Exclusive remedy.
(1) Within seven days after the moving party discovered, or by the exercise of diligence could have discovered the grounds therefore, and in any event before the trial jury is sworn to try the case, a party may move to stay the proceedings or to quash an indictment, or for other appropriate relief, on the ground of substantial failure to comply with this act in selecting a grand or trial jury.
(2) Upon motion filed under this section containing a sworn statement of acts which if true would constitute a substantial failure to comply with this act, the moving party may present testimony of the county clerk, the clerk of the court, any relevant records and papers not public or otherwise available used by the jury commission or the clerk, and any other relevant evidence. If the court determines that in selecting either a grand or a trial jury there has been a substantial failure to comply with this act and it appears that actual and substantial injustice and prejudice has resulted or will result to a party in consequence of the failure, the court shall stay the proceedings pending the selection of the jury in conformity with this act, quash an indictment, or grant other appropriate relief.
(3) The procedures prescribed by this section are the exclusive means by which a person accused of a crime, the state, or a party in a civil case may challenge a jury on the ground that the jury was not selected in conformity with this act.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 114 - Jury fee assessments -- Payment.

78B-1-114.
Jury fee assessments -- Payment.
(1) The court has discretionary authority in any civil or criminal action or proceeding triable by jury to assess the entire cost of one day's juror fees against either the plaintiff or defendant or their counsel, or to divide the cost and assess them against both plaintiff and defendant or their counsel, or additional parties plaintiff or defendant, if:
(a) a jury demand has been made and is later withdrawn within the 48 hours preceding the commencement of the trial; or
(b) the case is settled or continued within 48 hours of trial without just cause for not having settled or continued the case prior to the 48-hour period.
(2) The party assessed shall make payment to the clerk of the court within a prescribed period. Payment shall be enforced by contempt proceedings.
(3) The court clerk shall transfer the assessment to the state treasury, or the auditor of the city or county incurring the juror expenses.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 115 - Jurors -- Penalties.

Effective 5/10/2016
78B-1-115.
Jurors -- Penalties.
(1) A person who fails to respond timely to questions regarding qualification for jury service shall be in contempt of court and subject to penalties under Title 78B, Chapter 6, Part 3, Contempt.
(2) A person summoned for jury service who fails to appear or to complete jury service as directed shall be in contempt of court and subject to penalties under Title 78B, Chapter 6, Part 3, Contempt.
(3) Any person who willfully misrepresents a material fact regarding qualification for, excuse from, or postponement of jury service is guilty of an infraction.
Amended by Chapter 303, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 116 - Jurors -- Employer not to discharge or threaten employee for jury service -- Criminal penalty -- Civil action by employee.

78B-1-116.
Jurors -- Employer not to discharge or threaten employee for jury service -- Criminal penalty -- Civil action by employee.
(1) An employer may not deprive an employee of employment, threaten or take any adverse employment action, or otherwise coerce the employee regarding employment because the employee receives a summons, responds to it, serves as a juror, or a grand juror, or attends court for prospective jury or grand jury service.
(2) An employee may not be required or requested to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or for time spent actually serving on a jury. Nothing in this provision shall be construed to require an employer to provide annual, vacation, or sick leave to employees under the provisions of this statute who otherwise are not entitled to those benefits under company policies.
(3) Any employer who violates this section is guilty of criminal contempt and upon conviction may be fined not more than $500 or imprisoned not more than six months, or both.
(4) If any employer discharges an employee in violation of this section, the employee within 30 days may bring a civil action for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable may not exceed lost wages for six weeks. If the employee prevails, the employee shall be allowed reasonable attorney fees fixed by the court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 117 - Jurors and witnesses -- State payment for jurors and subpoenaed persons -- Appropriations and costs -- Expenses in justice court.

Effective 5/8/2018
78B-1-117.
Jurors and witnesses -- State payment for jurors and subpoenaed persons -- Appropriations and costs -- Expenses in justice court.
(1) The state is responsible for payment of all fees and expenses authorized by law for prosecution witnesses, witnesses subpoenaed by indigent defendants, and interpreter costs in criminal actions in the courts of record and actions in the juvenile court. The state is responsible for payment of all fees and expenses authorized by law for jurors in the courts of record. For these payments, the Judicial Council shall receive an annual appropriation contained in a separate line item appropriation.
(2) If expenses, for the purposes of this section, exceed the line item appropriation, the state court administrator shall submit a claim against the state to the Board of Examiners and request the board to recommend and submit a supplemental appropriation request to the Legislature for the deficit incurred.
(3) In the justice courts, the fees, mileage, and other expenses authorized by law for jurors, prosecution witnesses, witnesses subpoenaed by indigent defendants, and interpreter costs shall be paid by the municipality if the action is prosecuted by the city attorney, and by the county if the action is prosecuted by the county attorney or district attorney.
(4) Beginning July 1, 2014, the state court administrator shall provide a report during each interim to the Executive Offices and Criminal Justice Appropriations Subcommittee detailing expenses, trends, and efforts made to minimize expenses and maximize performance of the costs under this section.
(5) The funding of additional full-time equivalent employees shall be authorized by the Legislature through specific intent language.
Amended by Chapter 25, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 118 - Jurors and witnesses -- Judicial Council rules governing fee payment.

78B-1-118.
Jurors and witnesses -- Judicial Council rules governing fee payment.
The Judicial Council shall adopt rules governing the method of payment of fees, mileage, and other expenses of jurors and witnesses, authorization for payment, record of payment, and the audit of payment records.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 119 - Jurors and witnesses -- Fees and mileage.

Effective 5/9/2017
78B-1-119.
Jurors and witnesses -- Fees and mileage.
(1) Every juror and witness legally required or in good faith requested to attend a trial court of record or not of record or a grand jury is entitled to:
(a) $18.50 for the first day of attendance and $49 per day for each subsequent day of attendance; and
(b) if traveling more than 50 miles, $1 for each four miles in excess of 50 miles actually and necessarily traveled in going only, regardless of county lines.
(2) Persons in the custody of a penal institution upon conviction of a criminal offense are not entitled to a witness fee.
(3) A witness attending from outside the state in a civil case is allowed mileage at the rate of 25 cents per mile and is taxed for the distance actually and necessarily traveled inside the state in going only.
(4) If the witness is attending from outside the state in a criminal case, the state shall reimburse the witness under Section 77-21-3.
(5) A prosecution witness or a witness subpoenaed by an indigent defendant attending from outside the county but within the state may receive reimbursement for necessary lodging and meal expenses under rule of the Judicial Council.
(6) A witness subpoenaed to testify in court proceedings in a civil action shall receive reimbursement for necessary and reasonable parking expenses from the attorney issuing the subpoena under rule of the Judicial Council or Supreme Court.
Amended by Chapter 56, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 120 - Jurors and witnesses -- Fees in criminal cases -- Daily report of attendance.

78B-1-120.
Jurors and witnesses -- Fees in criminal cases -- Daily report of attendance.
Every witness in a criminal case subpoenaed for the state, or for a defendant by order of the court at the expense of the state, and every juror, whether grand or trial, shall, unless temporarily excused, in person report daily to the clerk. No per diem shall be allowed for any day upon which attendance is not so reported.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 121 - Jurors and witnesses -- Statement of service -- Certificate.

78B-1-121.
Jurors and witnesses -- Statement of service -- Certificate.
Whenever a grand juror, or a witness for the state before the grand jury, is finally discharged, the foreman of the grand jury shall furnish to the clerk of the district court a statement containing information necessary for the clerk to make the juror's or witness's certificate.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 122 - Jurors and witnesses -- Justice court judge -- Certificate of attendance -- Records and reporting.

Effective 5/12/2015
78B-1-122.
Jurors and witnesses -- Justice court judge -- Certificate of attendance -- Records and reporting.
Every justice court shall follow the established disbursement process for juror and witness fees within the town, city, or county, or use the following procedure.
(1) A justice court judge shall provide to each person who has served as a juror or as a witness in a criminal case when summoned for the prosecution by the county or city attorney, or for the defense by order of the court, a numbered certificate that contains:
(a) the name of the juror or witness;
(b) the title of the proceeding;
(c) the number of days in attendance;
(d) the number of miles traveled if the witness has traveled more than 50 miles in going only; and
(e) the amount due.
(2) The certificate shall be presented to the county or city attorney. When certified as being correct, it shall be presented to the county or city auditor and when allowed by the county executive or town council, the auditor shall draw a warrant for it on the treasurer.
(3) Every justice court judge shall keep a record of all certificates issued. The record shall show all of the facts stated in each certificate. On the first Monday of each month a detailed statement of all certificates issued shall be filed with the treasurer.
Amended by Chapter 99, 2015 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 123 - Jurors and witnesses -- Limit of time for presentation of certificate.

78B-1-123.
Jurors and witnesses -- Limit of time for presentation of certificate.
Any holder of a witness's or juror's certificate specified in this title shall be required to present it to the county treasurer or to the county auditor, as the case may be, of the county where the certificate was issued within one year from the date of its issuance. If the same is not presented for payment within that time, it is invalid and will not be paid.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 124 - Jurors and witnesses -- Statement of certificates -- Contents -- Payment by state.

78B-1-124.
Jurors and witnesses -- Statement of certificates -- Contents -- Payment by state.
(1) At the end of each quarter it shall be the duty of the county treasurer and the county auditor of each county to prepare in duplicate and verify under oath a full and complete itemized statement of all certificates issued by the clerk of the district court since the date of the last statement for mileage and attendance of:
(a) grand jurors;
(b) trial jurors engaged in the trial of criminal causes in the district court; and
(c) witnesses summoned by or on behalf of the state in criminal causes in the district court.
(2) The statement shall set forth in detail for each certificate:
(a) the number of the certificate;
(b) the date issued;
(c) the name of the person in whose favor it was issued;
(d) the nature of the service rendered; and
(e) any other information as may be necessary and required by the state auditor.
(3) Within 30 days of the end of the quarter one of these statements shall be transmitted to the state auditor and the other filed in the office of the county clerk. Upon the timely receipt of this statement the state auditor shall, unless it is found to be incorrect, draw a warrant in favor of the county treasurer upon the state treasurer for the whole amount of jurors' and witnesses' certificates as shown by the statement, and transmit it to the county treasurer.
(4) The county treasurer shall hold the funds drawn from the state treasury upon the certificates for mileage and attendance of jurors and witnesses as a separate fund for the redemption of jurors' and witnesses' certificates.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 125 - Jurors and witnesses -- Certifying excessive fees a felony.

78B-1-125.
Jurors and witnesses -- Certifying excessive fees a felony.
Any clerk or judge of any court, county attorney, district attorney, or other officer who certifies false information as a fact, whereby any witness or juror shall be allowed a greater sum than otherwise entitled to under the provisions of this title, is guilty of a felony.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 126 - Jurors and witnesses -- Purchase of certificate forbidden -- Penalty.

Effective 5/8/2018
78B-1-126.
Jurors and witnesses -- Purchase of certificate forbidden -- Penalty.
(1) No person connected officially with any of the district courts of this state, and no state, district, county or precinct officer, shall purchase or cause to be purchased any certificate issued to any juror or witness under the provisions of this title.
(2) Any person who violates the provisions of this section is guilty of a class B misdemeanor.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 127 - Witnesses -- Competency.

78B-1-127.
Witnesses -- Competency.
Every person is competent to be a witness except as otherwise provided in the Utah Rules of Evidence.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 128 - Who may be witnesses -- Jury to judge credibility.

78B-1-128.
Who may be witnesses -- Jury to judge credibility.
(1) All persons, without exception, otherwise than as specified in this part, who, having organs of sense, can perceive, and, perceiving, can make known their perceptions to others, may be witnesses.
(2) Neither parties nor other persons who have an interest in the event of an action or proceeding are excluded; nor those who have been convicted of crime; nor persons on account of their opinions on matters of religious belief.
(3) The credibility of a witness may be questioned by:
(a) the manner in which the witness testifies;
(b) the character of the witness testimony;
(c) evidence affecting the witness' character for truth, honesty, or integrity;
(d) the witness' motives; or
(e) contradictory evidence.
(4) The jury is the exclusive judge of credibility.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 129 - Witnesses -- Subpoena defined.

78B-1-129.
Witnesses -- Subpoena defined.
The process by which the attendance of a witness is required is a subpoena. It is a writ or order directed to a person and requiring the person's attendance at a particular time and place to testify as a witness. The person may also be required to bring any books, documents, or other things under the person's control which is required to be produced in evidence.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 130 - Witnesses -- Duty when served with subpoena.

78B-1-130.
Witnesses -- Duty when served with subpoena.
A witness served with a subpoena shall:
(1) attend at the time appointed with any papers required by the subpoena;
(2) answer all pertinent and legal questions; and
(3) unless sooner discharged, remain until the testimony is closed.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 131 - Witnesses -- Liability to forfeiture and damages.

78B-1-131.
Witnesses -- Liability to forfeiture and damages.
A witness who disobeys a subpoena shall, in addition to any penalty imposed for contempt, be liable to the party aggrieved in the sum of $100, and all damages sustained by the failure of the witness to attend. Forfeiture and damages may be recovered in a civil action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 132 - Employer not to discharge or threaten employee for responding to subpoena -- Criminal penalty -- Civil action by employee.

Superseded 7/1/2024
78B-1-132.
Employer not to discharge or threaten employee for responding to subpoena -- Criminal penalty -- Civil action by employee.
(1) An employer may not deprive an employee of employment or threaten or otherwise coerce the employee regarding employment because the employee attends a deposition or hearing in response to a subpoena.
(2) Any employer who violates this section is guilty of criminal contempt and upon conviction may be fined not more than $500 or imprisoned not more than six months or both.
(3) If an employer violates this section, in addition to any other remedy, the employee may bring a civil action in district court for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable may not exceed lost wages for six weeks. If the employee prevails, the employee shall be allowed reasonable attorney fees.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 132 - Employer not to discharge or threaten employee for responding to subpoena -- Criminal penalty -- Civil action by employee.

Effective 7/1/2024
78B-1-132.
Employer not to discharge or threaten employee for responding to subpoena -- Criminal penalty -- Civil action by employee.
(1) An employer may not deprive an employee of employment or threaten or otherwise coerce the employee regarding employment because the employee attends a deposition or hearing in response to a subpoena.
(2) Any employer who violates this section is guilty of criminal contempt and upon conviction may be fined not more than $500 or imprisoned not more than six months or both.
(3)
(a) If an employer violates this section, in addition to any other remedy, the employee may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee.
(b) Damages recoverable may not exceed lost wages for six weeks.
(c) If the employee prevails, the employee shall be allowed reasonable attorney fees.
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 133 - Witnesses -- Judge or juror may be witness -- Procedure.

78B-1-133.
Witnesses -- Judge or juror may be witness -- Procedure.
The judge or any juror may be called as a witness by either party. It is in the discretion of the court to order the trial to be postponed, suspended, or take place before another judge or jury.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 134 - Witnesses -- Duty to answer questions -- Privilege.

78B-1-134.
Witnesses -- Duty to answer questions -- Privilege.
(1) A witness shall answer all questions legal and pertinent to the matter in issue, although an answer may establish a claim against the witness.
(2) A witness need not give an answer which will subject him to punishment for a felony.
(3) A witness need not give an answer which will degrade his character, unless it is to the very fact in issue or to a fact from which the fact in issue would be presumed.
(4) A witness must answer as to the fact of any previous conviction of a felony.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 135 - Witnesses -- Proceedings in aid of or supplemental to attachment, garnishment, or execution.

78B-1-135.
Witnesses -- Proceedings in aid of or supplemental to attachment, garnishment, or execution.
(1) Notwithstanding the provisions of Section 78B-1-134, a party or a witness examined in proceedings in aid of or supplemental to attachment, garnishment, or execution is not excused from answering a question on the ground that;
(a) the answer will tend to convict the party or witness of the commission of a fraud;
(b) the answer will prove the party or witness has been a party or privy to, or has knowledge of, a conveyance, assignment, transfer or other disposition of property concerned for any purpose;
(c) the party, witness, or any other person claims to be entitled, as against the judgment creditor or a receiver appointed or to be appointed in the proceedings, to hold property derived from or through the judgment debtor or to be discharged from the payment of a debt which was due to the judgment debtor or to a person in the debtor's behalf.
(2) An answer cannot be used as evidence against the person so answering in a criminal action or proceeding, except in an action for perjury against the person for falsely testifying.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 136 - Witnesses -- Rights.

78B-1-136.
Witnesses -- Rights.
It is the right of a witness to be protected from irrelevant, improper or insulting questions, and from harsh or insulting demeanor, to be detained only so long as the interests of justice require it, and to be examined only as to matters legal and pertinent to the issue.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 138 - Witnesses -- Exempt from arrest in civil action.

78B-1-138.
Witnesses -- Exempt from arrest in civil action.
Every person who has been in good faith served with a subpoena to attend as a witness before a court, judge, commissioner, referee or other person, in a case where the disobedience of the witness may be punished as a contempt, is exempt from arrest in a civil action while going to the place of attendance, necessarily remaining there and returning therefrom.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 139 - Witnesses -- Unlawful arrest -- Void -- Damages recoverable.

78B-1-139.
Witnesses -- Unlawful arrest -- Void -- Damages recoverable.
The arrest of a witness contrary to Section 78B-1-138 is void, and when willfully made is a contempt of the court. The person making the arrest is responsible to the witness arrested for double the amount of the damages which may be assessed against the witness, and is also liable to an action at the suit of the party serving the witness with the subpoena for the damages sustained by the party in consequence of the arrest.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 140 - Liability of officer making arrest.

78B-1-140.
Liability of officer making arrest.
(1) An officer is not liable for making the arrest in ignorance of the facts creating the exemption, but is liable for any subsequent detention of the witness, if the witness claims the exemption and makes an affidavit stating:
(a) he has been served with a subpoena to attend as a witness before a court, officer or other person, specifying the same, the place of attendance and the action or proceeding in which the subpoena was issued;
(b) he has not been served by his own procurement, with the intention of avoiding an arrest; and
(c) he is at the time going to the place of attendance, returning therefrom, or remaining there in obedience to the subpoena.
(2) The affidavit may be taken by the officer, and exonerates him from liability for discharging the witness when arrested.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 141 - Witnesses -- Discharge when unlawfully arrested.

78B-1-141.
Witnesses -- Discharge when unlawfully arrested.
The court or officer issuing the subpoena, and the court or officer before whom the attendance is required, may discharge the witness from an arrest made in violation of Section 78B-1-138. If the court has adjourned before the arrest or before application for the discharge, a judge of the court may grant the discharge.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 142 - Witnesses -- Oaths -- Who may administer.

78B-1-142.
Witnesses -- Oaths -- Who may administer.
Every court, every judge, clerk and deputy clerk of any court, every justice, every notary public, and every officer or person authorized to take testimony in any action or proceeding, or to decide upon evidence, has the power to administer oaths or affirmations.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 143 - Witnesses -- Form of oath.

78B-1-143.
Witnesses -- Form of oath.
(1) An oath or affirmation in an action or proceeding may be administered in the following form:
You do solemnly swear (or affirm) that the evidence you shall give in this issue (or matter) pending between ____ and ____ shall be the truth, the whole truth and nothing but the truth, so help you God (or, under the pains and penalties of perjury).
(2) The person swearing or affirming shall express assent when addressed.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 144 - Witnesses -- Affirmation or declaration instead of oath allowed.

78B-1-144.
Witnesses -- Affirmation or declaration instead of oath allowed.
Any person may, instead of taking an oath, opt to make a solemn affirmation or declaration, by assenting, when addressed in the following form:
"You do solemnly affirm (or declare) that... ." etc., as in Section 78B-1-143.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 145 - Witnesses -- Variance in form of swearing to suit beliefs.

78B-1-145.
Witnesses -- Variance in form of swearing to suit beliefs.
(1) Whenever the court before which a person is offered as a witness is satisfied that the person has a peculiar mode of swearing, connected with or in addition to the usual form, which in the person's opinion is more solemn or obligatory, the court may in its discretion adopt that mode.
(2) A person who believes in a religion other than the Christian religion may be sworn according to the particular ceremonies of the person's religion, if there are any.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 146 - Witnesses -- Interpreters -- Subpoena -- Contempt -- Costs.

78B-1-146.
Witnesses -- Interpreters -- Subpoena -- Contempt -- Costs.
(1) When a witness does not understand and speak the English language, an interpreter shall be sworn in to interpret. Any person may be subpoenaed by any court or judge to appear before the court or judge to act as an interpreter in any action or proceeding. Any person so subpoenaed who fails to attend at the time and place named is guilty of a contempt.
(2) The Judicial Council may establish a fee for the issuance and renewal of a license of a certified court interpreter. Any fee established under this section shall be deposited as a dedicated credit to the Judicial Council.
(3) If the court appoints an interpreter, the court may assess all or part of the fees and costs of the interpreter against the person for whom the service is provided. The court may not assess interpreter fees or costs against a person found to be impecunious.
Amended by Chapter 391, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 147 - Witnesses -- Fees in civil cases -- How paid -- Taxed as costs.

78B-1-147.
Witnesses -- Fees in civil cases -- How paid -- Taxed as costs.
(1) The fees and compensation of witnesses in all civil causes shall be paid by the party who causes the witnesses to attend. A person is not obliged to attend court in a civil cause when subpoenaed unless the person's:
(a) fees for one day's attendance are tendered or paid on demand; or
(b) fees for attendance for each day are tendered or paid on demand.
(2) The fees of witnesses paid in civil causes may be taxed as costs against the losing party.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 148 - Witnesses -- Only one fee per day allowed.

78B-1-148.
Witnesses -- Only one fee per day allowed.
No witness shall receive fees in more than one criminal cause on the same day.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 149 - Witnesses -- Officials subpoenaed not entitled to fee or per diem -- Exception.

78B-1-149.
Witnesses -- Officials subpoenaed not entitled to fee or per diem -- Exception.
No officer of the United States, or the state, or of any county, incorporated city or town within the state, may receive any witness fee or per diem when testifying in a criminal proceeding unless the officer is required to testify at a time other than during normal working hours.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 150 - Witnesses -- When criminal defense witness may be called at expense of state.

78B-1-150.
Witnesses -- When criminal defense witness may be called at expense of state.
A witness for a defendant in a criminal cause may not be subpoenaed at the expense of the state, county, or city, except upon order of the court. The order shall be made only upon affidavit of the defendant, showing:
(1) the defendant is impecunious and unable to pay the per diems of the witness;
(2) the evidence of the witness is material for defendant's defense as advised by counsel, if counsel is in place; and
(3) the defendant cannot safely proceed to trial without the witness.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 151 - Witnesses -- Expenses for expert witnesses.

78B-1-151.
Witnesses -- Expenses for expert witnesses.
(1) The court may appoint any expert witness agreed upon by the parties or of its own selection. The court shall inform the expert of required duties in writing and a copy shall be filed with the court record.
(2) The appointed expert shall advise the court and the parties of findings and may be called to testify by the court or by any party. The expert witness is subject to cross-examination by each party.
(3) The court shall determine the reasonable compensation of the expert and order payment. The parties may call expert witnesses of their own at their own expense. Upon a showing that a defendant is financially unable to pay the compensation of an expert whose services are necessary for an adequate defense, the compensation shall be paid as if the expert were called on behalf of the prosecution.
(4) Payment by the court for an expert witness in a criminal case is limited to the fee and mileage allowance for witnesses under Section 78B-1-119 and necessary meals and lodging expenses as provided by rule of the Judicial Council. Compensation of an expert witness beyond the statutory fee and mileage allowance shall be paid by the parties under Subsection (3).
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 152 - Witnesses -- Prohibition of expert witness contingent fees in civil actions.

78B-1-152.
Witnesses -- Prohibition of expert witness contingent fees in civil actions.
(1) As used in this section, "contingent fee agreement" means an agreement for the provision of testimony or other evidence and related services by an expert witness in a civil action that specifies:
(a) the payment of compensation to the expert witness for the testimony, other evidence, and services is contingent, in whole or in part, upon a judgment being rendered in favor of the plaintiff or defendant in a civil action, upon a favorable settlement being obtained by the plaintiff or defendant in a civil action, or upon the plaintiff in a civil action being awarded in a judgment or settlement damages in at least a specified amount; and
(b) upon satisfaction of the contingency described in Subsection (1)(a), the compensation to be paid to the expert witness is in a fixed amount or an amount to be determined by a specified formula, including, but not limited to, a percentage of a judgment rendered in favor of the plaintiff or a percentage of a favorable settlement obtained by the plaintiff.
(2) A plaintiff or defendant in a civil action may not engage an expert witness by means of a contingent fee agreement unless approval is sought and received from the court.
(3) An expert witness may be engaged by the plaintiff or defendant on the contingency that the expert actually qualify as an expert. Once the witness is qualified as an expert Subsection (2) applies to his continued participation in the action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 2 - Interpreters for Hearing Impaired › Section 201 - Definitions.

Effective 5/9/2017
78B-1-201.
Definitions.
As used in this part:
(1) "Appointing authority" means the presiding officer or similar official of any court, board, commission, authority, department, agency, legislative body, or of any proceeding of any nature where a qualified interpreter is required under this part.
(2) " Deaf or hard of hearing person" and " deaf or hard of hearing parent" means a deaf or hard of hearing person who, because of sensory or environmental conditions, requires the assistance of a qualified interpreter or other special assistance for communicative purposes.
(3) "Necessary steps" or "necessary services" include provisions of qualified interpreters, lip reading, pen and paper, typewriters, closed-circuit television with closed-caption translations, computers with print-out capability, and telecommunications devices for the deaf or similar devices.
(4) "Qualified interpreter" means a sign language or oral interpreter as provided in Sections 78B-1-203 and 78B-1-206 of this part.
Amended by Chapter 43, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 2 - Interpreters for Hearing Impaired › Section 203 - Effectiveness of interpreter determined.

Effective 5/9/2017
78B-1-203.
Effectiveness of interpreter determined.
(1) Before appointing an interpreter, the appointing authority shall make a preliminary determination, on the basis of the proficiency level established by the Utah State Office of Rehabilitation created in Section 35A-1-202 and on the basis of the deaf or hard of hearing person's testimony, that the interpreter is able to accurately communicate with and translate information to and from the hearing-impaired person involved.
(2) If the interpreter is not able to provide effective communication with the deaf or hard of hearing person, the appointing authority shall appoint another qualified interpreter.
Amended by Chapter 43, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 2 - Interpreters for Hearing Impaired › Section 204 - Appointment of more qualified interpreter.

78B-1-204.
Appointment of more qualified interpreter.
If a qualified interpreter is unable to render a satisfactory interpretation, the appointing authority shall appoint a more qualified interpreter.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 2 - Interpreters for Hearing Impaired › Section 205 - Readiness of interpreter prerequisite to commencement of proceeding.

Effective 5/9/2017
78B-1-205.
Readiness of interpreter prerequisite to commencement of proceeding.
If an interpreter is required to be appointed under this part, the appointing authority may not commence proceedings until the appointed interpreter is in full view of and spatially situated to assure effective communication with the deaf or hard of hearing participants.
Amended by Chapter 43, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 2 - Interpreters for Hearing Impaired › Section 206 - List of qualified interpreters -- Use -- Appointment of another.

Effective 5/9/2017
78B-1-206.
List of qualified interpreters -- Use -- Appointment of another.
(1) The Utah State Office of Rehabilitation created in Section 35A-1-202 shall establish, maintain, update, and distribute a list of qualified interpreters.
(2)
(a) When an interpreter is required under this part, the appointing authority shall use one of the interpreters on the list provided by the Utah State Office of Rehabilitation.
(b) If none of the listed interpreters are available or are able to provide effective interpreting with the particular deaf or hard of hearing person, then the appointing authority shall appoint another qualified interpreter who is able to accurately and simultaneously communicate with and translate information to and from the particular deaf or hard of hearing person involved.
Amended by Chapter 43, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 2 - Interpreters for Hearing Impaired › Section 207 - Oath of interpreter.

78B-1-207.
Oath of interpreter.
Before he or she begins to interpret, every interpreter appointed under this part shall take an oath that he or she will make a true interpretation in an understandable manner to the best of his or her skills and judgment.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 2 - Interpreters for Hearing Impaired › Section 208 - Compensation of interpreter.

Effective 10/1/2016
78B-1-208.
Compensation of interpreter.
(1) An interpreter appointed under this part is entitled to a reasonable fee for his or her services, including waiting time and reimbursement for necessary travel and subsistence expenses.
(2) The fee shall be based on a fee schedule for interpreters recommended by the Utah State Office of Rehabilitation created in Section 35A-1-202 or on prevailing market rates.
(3) Reimbursement for necessary travel and subsistence expenses shall be at rates provided by law for state employees generally.
(4) Compensation for interpreter services shall be paid by the appointing authority if the interpreter is not otherwise compensated for those services.
Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 2 - Interpreters for Hearing Impaired › Section 209 - Waiver of right to interpreter.

Effective 5/9/2017
78B-1-209.
Waiver of right to interpreter.
The right of a deaf or hard of hearing person to an interpreter may not be waived, except by a deaf or hard of hearing person who requests a waiver in writing. The waiver is subject to the approval of counsel to the deaf or hard of hearing person, if existent, and is subject to the approval of the appointing authority. In no event may the failure of the deaf or hard of hearing person to request an interpreter be considered a waiver of that right.
Amended by Chapter 43, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 2 - Interpreters for Hearing Impaired › Section 210 - Privileged communications.

Effective 5/9/2017
78B-1-210.
Privileged communications.
If a deaf or hard of hearing person communicates through an interpreter to any person under such circumstances that the communication would be privileged and the person could not be compelled to testify as to the communications, this privilege shall apply to the interpreter as well.
Amended by Chapter 43, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 2 - Interpreters for Hearing Impaired › Section 211 - Video recording of testimony of deaf or hard of hearing person.

Effective 5/9/2017
78B-1-211.
Video recording of testimony of deaf or hard of hearing person.
The appointing authority, on his or her own motion or on the motion of a party to the proceedings, may order that the testimony of the deaf or hard of hearing person and its interpretation be electronically recorded by a video recording device for use in verification of the official transcript of the proceedings.
Amended by Chapter 43, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 2 - Statutes of Limitations › Part 1 - General Provisions and Special Actions › Section 101 - Definitions of "tax title" and "action."

78B-2-101.
Definitions of "tax title" and "action."
(1) The word "action" as used in this chapter includes counterclaims and cross-complaints and all other civil actions in which affirmative relief is sought.
(2) The term "tax title" as used in Sections 59-2-1364 and 78B-2-206, and the related amended Sections 78B-2-204, 78B-2-208, and 78B-2-214, means any title to real property, whether valid or not, which has been derived through, or is dependent upon, any sale, conveyance, or transfer of property in the course of a statutory proceeding for the liquidation of any tax levied against the property whereby the property is relieved from a tax lien.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 2 - Statutes of Limitations › Part 1 - General Provisions and Special Actions › Section 102 - Time for commencement of actions generally.

78B-2-102.
Time for commencement of actions generally.
Civil actions may be commenced only within the periods prescribed in this chapter, after the cause of action has accrued, except in specific cases where a different limitation is prescribed by statute.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 2 - Statutes of Limitations › Part 1 - General Provisions and Special Actions › Section 103 - Action barred in another state barred in Utah.

78B-2-103.
Action barred in another state barred in Utah.
A cause of action which arises in another jurisdiction, and which is not actionable in the other jurisdiction by reason of the lapse of time, may not be pursued in this state, unless the cause of action is held by a citizen of this state who has held the cause of action from the time it accrued.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 2 - Statutes of Limitations › Part 1 - General Provisions and Special Actions › Section 104 - Effect of absence from state.

78B-2-104.
Effect of absence from state.
If a cause of action accrues against a person while the person is out of the state and the person is not subject to the jurisdiction of the courts of this state in accordance with Section 78B-3-205, the action may be commenced within the term as limited by this chapter after his return to the state. If after a cause of action accrues the person departs from the state, the time of his absence is not part of the time limited for the commencement of the action unless Section 78B-3-205 applies.
Amended by Chapter 342, 2009 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 2 - Statutes of Limitations › Part 1 - General Provisions and Special Actions › Section 105 - Effect of death.

Effective 5/14/2019
78B-2-105.
Effect of death.
If an individual entitled to bring an action dies before the expiration of the statute of limitations and the cause of action survives, an action may be brought by the individual's representatives within the later of:
(1) the statute of limitations; or
(2) one year after the day on which the individual died.
Amended by Chapter 46, 2019 General Session