reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 3a - Nonrecognition of Foreign Libel Judgments › Section 321 - Foreign libel judgment.

78B-5-321.
Foreign libel judgment.
For the purposes of applying Title 78B, Chapter 5, Part 3, Utah Foreign Judgment Act, to this part, the courts of this state may not make the determination in Section 78B-5-320 unless the person attempting to enforce the judgment submits to personal jurisdiction and the person against whom the judgment is being enforced:
(1) is a resident of this state;
(2) is a person or entity amenable to the jurisdiction of this state;
(3) has assets in this state; or
(4) may be required to take action in this state to comply with the judgment.
Enacted by Chapter 117, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4 - Uniform Foreign-Money Claims Act › Section 402 - Definitions.

78B-5-402.
Definitions.
As used in this part:
(1) "Action" means a judicial proceeding or arbitration in which a money payment may be awarded or enforced in respect of a foreign-money claim.
(2) "Conversion date" means the banking day next before the date on which money is, in accordance with this part:
(a) paid to a judgment creditor;
(b) paid to the designated official enforcing a judgment on behalf of the judgment creditor; or
(c) used to effect a recoupment or set-off of claims in different money in an action.
(3) "Distribution proceeding" means a judicial or nonjudicial proceeding for an accounting, an assignment for the benefit of creditors, a foreclosure, for the liquidation or rehabilitation of a corporation or other entity, for the distribution of an estate, trust, or other fund in or against which a foreign-money claim is asserted.
(4) "Foreign money" means money other than money of the United States of America.
(5) "Foreign-money claim" means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.
(6) "Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.
(7) "Money of the claim" means the money determined as proper by Section 78B-5-405.
(8) "Party" means an individual, a corporation, government or governmental subdivision or agency, business trust, partnership or association of two or more persons having a joint or common interest or any other legal or commercial entity asserting or defending against a foreign-money claim.
(9) "Rate of exchange" means the rate at which the money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by the party obliged to pay or to state a rate of conversion. If separate exchange rates apply to different kinds of transactions or events, the term means the rate applicable to the particular transaction or event giving rise to the foreign-money claim.
(10)
(a) "Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for settlement by immediate payment, by charge to an account, or by an agreed delayed settlement not exceeding two days.
(b) "Bank-offered spot rate" means the rate of exchange at which a bank will issue its draft in the foreign money or will cause credit to become available in the foreign money on a next-day basis.
(11) "State" means a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the United States Virgin Islands.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4 - Uniform Foreign-Money Claims Act › Section 403 - Scope.

78B-5-403.
Scope.
(1) This part applies only to a foreign-money claim in an action or distribution proceeding.
(2) This part applies to foreign-money issues notwithstanding the law applicable under the conflict of laws rules of this state to other issues in the action or distribution proceeding.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4 - Uniform Foreign-Money Claims Act › Section 404 - Variation by agreement.

78B-5-404.
Variation by agreement.
(1) The effect of provisions of this part may be varied by agreement of the parties made at any time before or after commencement of an action, distribution proceeding, or the entry of judgment.
(2) The parties may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may use different money for different aspects of the transaction. Stating the price in a foreign money or for a particular transaction does not require, of itself, the use of that money for other aspects of the transaction.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4 - Uniform Foreign-Money Claims Act › Section 405 - Determining the money of the claim.

78B-5-405.
Determining the money of the claim.
(1) Except as provided by Subsection (2), the proper money of the claim is, as in each case may be appropriate, the money:
(a) regularly used between the parties as a matter of usage or course of dealing;
(b) used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
(c) in which the loss was ultimately felt or will be incurred by a party.
(2) The money in which the parties have contracted that a payment be made is the proper money of the claim for that payment.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4 - Uniform Foreign-Money Claims Act › Section 406 - Determining the amount of the money of certain contract claims.

78B-5-406.
Determining the amount of the money of certain contract claims.
(1) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.
(2) If an amount contracted to be paid in a foreign money is to be measured by a different money at the exchange rate prevailing on a date prior to default, that exchange rate applies only for payments made a reasonable time after default, not to exceed 30 days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.
(3)
(a) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money shall, when received by the creditor, equal a specified amount of the foreign money of the country of the creditor.
(b) If because of unexcused delay in payment of a judgment or award the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator, as the case may be, has jurisdiction to and may amend the judgment or award accordingly.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4 - Uniform Foreign-Money Claims Act › Section 407 - Asserting and defending a foreign-money claim.

78B-5-407.
Asserting and defending a foreign-money claim.
(1) A claimant may assert a claim in a specified foreign money. If a foreign money is not asserted, the claimant makes a claim for a judgment in United States dollars.
(2) An opposing party may allege and prove the claim is in whole or in part for a different money than that asserted by the claimant.
(3) Any party may assert a defense, set-off, recoupment, or counterclaim in any money without regard to the money of other claims.
(4) The determination of the proper money of the claim is a question of law.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4 - Uniform Foreign-Money Claims Act › Section 408 - Judgments and awards on foreign-money claims -- Time of money conversion -- Form of judgment.

Effective 5/13/2014
78B-5-408.
Judgments and awards on foreign-money claims -- Time of money conversion -- Form of judgment.
(1) Except as provided in Subsection (3), a judgment or arbitration award on a foreign-money claim must be stated in an amount of the money of the claim.
(2) The judgment or award is payable in that foreign money or at the option of the debtor in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.
(3) Assessed costs must be entered in United States dollars.
(4) Each payment in United States dollars must be accepted and credited on the judgment or award in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.
(5) Judgments or awards made in an action on both:
(a) a defense, set-off, recoupment, or counterclaim; and
(b) the adverse party's claim, must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and must specify the rates of exchange used.
(6) A judgment substantially in the following form complies with Subsection (1):
IT IS ADJUDGED AND ORDERED that Defendant (insert name) pay to Plaintiff (insert name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of (insert rate - see Section 78B-5-410) percent a year or, at the option of the judgment debtor, the number of United States dollars as will purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of (insert amount) United States dollars.
(7) If a contract claim is of the type covered by Subsection 78B-5-406(1) or (2), the judgment or award shall be entered for the amount of the money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars as will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
(8) A judgment shall be filed in the judgment docket and indexed in foreign money in the same manner, and shall have the same effect as a lien as other judgments. It may be discharged by payment.
(9) A person shall record a judgment lien, or assignment, release, renewal, or extension of a judgment lien, in the county recorder's office in accordance with the following provisions, as applicable:
(a) Sections 17-21-10, 78B-5-201, and 78B-5-202; and
(b)Title 38, Chapter 9, Wrongful Lien Act.
Amended by Chapter 114, 2014 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4 - Uniform Foreign-Money Claims Act › Section 409 - Conversions of foreign money in a distribution proceeding.

78B-5-409.
Conversions of foreign money in a distribution proceeding.
The rate of exchange prevailing at or near the closing of business on the day the proceeding is initiated shall govern all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding must assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4 - Uniform Foreign-Money Claims Act › Section 410 - Prejudgment and judgment interest.

78B-5-410.
Prejudgment and judgment interest.
(1) With respect to a foreign-money claim, recovery of prejudgment interest and the rate of interest to be applied in the action or distribution proceeding are matters of the substantive law governing the right to recovery under the conflict of laws rules of this state.
(2) Notwithstanding Subsection (1), an increase or decrease in the amount of prejudgment interest otherwise payable may be made in a foreign-money judgment to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
(3) A judgment on a foreign-money claim bears interest at the same rate applicable to other judgments of this state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4 - Uniform Foreign-Money Claims Act › Section 411 - Enforcement of foreign judgments.

78B-5-411.
Enforcement of foreign judgments.
(1) Subject to Subsections (2) and (3), if an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment shall be entered as provided in Section 78B-5-408 whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars. A satisfaction or partial payment made upon the foreign judgment, on proof thereof, shall be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
(2) Notwithstanding Subsection (1), a foreign judgment may be filed in the judgment docket in accordance with any statute of this state providing a procedure for its recognition and enforcement.
(3) A judgment entered on a foreign-money claim only in United States dollars in another state shall be enforced in this state in United States dollars only.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4 - Uniform Foreign-Money Claims Act › Section 412 - Temporarily determining the United States dollar value of foreign-money claims for limited purposes.

78B-5-412.
Temporarily determining the United States dollar value of foreign-money claims for limited purposes.
(1) For the limited purpose of facilitating the enforcement of provisional remedies in an action:
(a) the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution, or other legal process;
(b) the amount of United States dollars at issue for assessing costs; or
(c) the amount of United States dollars involved for a surety bond or other court-required undertaking shall be ascertained as provided in Subsections (2) and (3).
(2) The party seeking the process, costs, bond, or other undertaking shall compute the dollar amount of the foreign money claimed from a bank-offered spot rate of exchange prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
(3) The party seeking the process, costs, bond, or other undertaking shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used, how obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment was in the amount of United States dollars stated in the affidavit or certificate.
(4) Computations under this section are for the limited purposes of this section and do not affect computation of the United States dollar equivalent of the money of the judgment for payment purposes.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4 - Uniform Foreign-Money Claims Act › Section 413 - Effect of currency revalorizations.

78B-5-413.
Effect of currency revalorizations.
(1) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
(2) If substitution under Subsection (1) occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall have jurisdiction to, and shall, amend the judgment or award by a like conversion of the former money.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4 - Uniform Foreign-Money Claims Act › Section 414 - Supplementary general principles of law.

78B-5-414.
Supplementary general principles of law.
Unless displaced by particular provisions of this part, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes supplement its provisions.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4 - Uniform Foreign-Money Claims Act › Section 415 - Uniformity of application and construction.

78B-5-415.
Uniformity of application and construction.
This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4a - Uniform Foreign-country Money Judgments Recognition Act › Section 450 - Title.

Effective 5/12/2020
78B-5-450.
Title.
This part is known as the "Uniform Foreign-Country Money Judgments Recognition Act."
Enacted by Chapter 370, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4a - Uniform Foreign-country Money Judgments Recognition Act › Section 451 - Definitions.

Effective 5/12/2020
78B-5-451.
Definitions.
As used in this part:
(1) "Foreign country" means a government other than:
(a) the United States;
(b) a state, district, commonwealth, territory, or insular possession of the United States; or
(c) any other government with regard to which the decision in this state as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
(2) "Foreign-country judgment" means a judgment of a court of a foreign country.
Enacted by Chapter 370, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4a - Uniform Foreign-country Money Judgments Recognition Act › Section 452 - Applicability.

Effective 5/12/2020
78B-5-452.
Applicability.
(1) Except as otherwise provided in Subsection (2), this part applies to a foreign-country judgment to the extent that the judgment:
(a) grants or denies the recovery of a sum of money; and
(b) under the law of the foreign country where rendered, is final, conclusive, and enforceable.
(2) This part does not apply to a foreign-country judgment, even if the judgment grants or denies the recovery of a sum of money, to the extent that the judgment is:
(a) a judgment for taxes;
(b) a fine or other penalty; or
(c) a judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.
(3) A party seeking recognition of a foreign-country judgment has the burden of establishing that this part applies to the foreign-country judgment.
Enacted by Chapter 370, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4a - Uniform Foreign-country Money Judgments Recognition Act › Section 453 - Standards for recognition of foreign-country judgment.

Effective 5/12/2020
78B-5-453.
Standards for recognition of foreign-country judgment.
(1) Except as otherwise provided in Subsections (2) and (3), a court of this state shall recognize a foreign-country judgment to which this part applies.
(2) A court of this state may not recognize a foreign-country judgment if:
(a) the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(b) the foreign court did not have personal jurisdiction over the defendant; or
(c) the foreign court did not have jurisdiction over the subject matter.
(3) A court of this state may decline to recognize a foreign-country judgment if:
(a) the defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(b) the judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present the party's case;
(c) the judgment or the cause of action on which the judgment is based is repugnant to the public policy of this state or the United States;
(d) the judgment conflicts with another final and conclusive judgment;
(e) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(f) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(g) the judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(h) the specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(4) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in Subsection (2) or (3) exists.
Enacted by Chapter 370, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4a - Uniform Foreign-country Money Judgments Recognition Act › Section 454 - Personal jurisdiction.

Effective 5/12/2020
78B-5-454.
Personal jurisdiction.
(1) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
(a) the defendant was served with process personally in the foreign country;
(b) the defendant voluntarily appeared in the proceeding, except for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(c) the defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(d) the defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had the corporation's or organization's principal place of business in, or was organized under the laws of, the foreign country;
(e) the defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
(f) the defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.
(2) The list describing the grounds for personal jurisdiction in Subsection (1) is not exclusive.
(3) A court of this state may recognize grounds for personal jurisdiction other than those described in Subsection (1) as sufficient to support a foreign-country judgment.
Enacted by Chapter 370, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4a - Uniform Foreign-country Money Judgments Recognition Act › Section 455 - Procedure for recognition of foreign-country judgment.

Effective 5/12/2020
78B-5-455.
Procedure for recognition of foreign-country judgment.
(1) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.
(2) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
Enacted by Chapter 370, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4a - Uniform Foreign-country Money Judgments Recognition Act › Section 456 - Effect of recognition of foreign-country judgment.

Effective 5/12/2020
78B-5-456.
Effect of recognition of foreign-country judgment.
If the court in a proceeding under Section 78B-5-455 finds that the foreign-country judgment is entitled to recognition under this part, the foreign-country judgment, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, is:
(1) conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and
(2) enforceable in the same manner and to the same extent as a judgment rendered in this state.
Enacted by Chapter 370, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4a - Uniform Foreign-country Money Judgments Recognition Act › Section 457 - Stay of proceedings pending appeal of foreign-country judgment.

Effective 5/12/2020
78B-5-457.
Stay of proceedings pending appeal of foreign-country judgment.
If a party establishes that an appeal from a foreign-country judgment is pending or an appeal will be taken, the court may stay any proceedings with regard to the foreign-country judgment until:
(1) the appeal is concluded;
(2) the time for appeal expires; or
(3) the appellant has had sufficient time to prosecute the appeal and has failed to do so.
Enacted by Chapter 370, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4a - Uniform Foreign-country Money Judgments Recognition Act › Section 458 - Statute of limitations.

Effective 5/12/2020
78B-5-458.
Statute of limitations.
An action to recognize a foreign-country judgment shall be commenced within the earlier of:
(1) the time during which the foreign-country judgment is effective in the foreign country; or
(2) 15 years from the day on which the foreign-country judgment became effective in the foreign country.
Enacted by Chapter 370, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4a - Uniform Foreign-country Money Judgments Recognition Act › Section 459 - Uniformity of interpretation.

Effective 5/12/2020
78B-5-459.
Uniformity of interpretation.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of the uniform act among states that enact the uniform act.
Enacted by Chapter 370, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4a - Uniform Foreign-country Money Judgments Recognition Act › Section 460 - Saving clause.

Effective 5/12/2020
78B-5-460.
Saving clause.
This part does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this part.
Enacted by Chapter 370, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 4a - Uniform Foreign-country Money Judgments Recognition Act › Section 461 - Application to future actions.

Effective 5/12/2020
78B-5-461.
Application to future actions.
This part applies to all actions commenced on or after May 12, 2020, in which the issue of recognition of a foreign-country judgment is raised.
Enacted by Chapter 370, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 5 - Utah Exemptions Act › Section 502 - Definitions.

Effective 7/1/2021
78B-5-502.
Definitions.
As used in this part:
(1) "Civil accounts receivable" means the same as that term is defined in Section 77-32b-102.
(2) "Civil judgment of restitution" means the same as that term is defined in Section 77-32b-102.
(3) "Debt" means a legally enforceable monetary obligation or liability of an individual, whether arising out of contract, tort, or otherwise.
(4) "Dependent" means the spouse of an individual, and the grandchild or the natural or adoptive child of an individual who derives support primarily from that individual.
(5) "Exempt" means protected, and "exemption" means protection from subjection to a judicial process to collect an unsecured debt.
(6) "Judicial lien" means a lien on property obtained by judgment or other legal process instituted for the purpose of collecting an unsecured debt.
(7) "Levy" means the seizure of property pursuant to any legal process issued for the purpose of collecting an unsecured debt.
(8) "Lien" means a judicial, or statutory lien, in property securing payment of a debt or performance of an obligation.
(9) "Liquid assets" means deposits, securities, notes, drafts, unpaid earnings not otherwise exempt, accrued vacation pay, refunds, prepayments, and other receivables.
(10) "Security interest" means an interest in property created by contract to secure payment or performance of an obligation.
(11) "Statutory lien" means a lien arising by force of a statute, but does not include a security interest or a judicial lien.
(12) "Value" means fair market value of an individual's interest in property, exclusive of valid liens.
Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 5 - Utah Exemptions Act › Section 504 - Declaration of homestead -- Filing -- Contents -- Failure to file -- Conveyance by married person -- No execution sale if bid less than exemption -- Redemption rights of judgment creditor.

78B-5-504.
Declaration of homestead -- Filing -- Contents -- Failure to file -- Conveyance by married person -- No execution sale if bid less than exemption -- Redemption rights of judgment creditor.
An individual may select and claim a homestead by complying with the following requirements:
(1) Filing a signed and acknowledged declaration of homestead with the recorder of the county or counties in which the homestead claimant's property is located or serving a signed and acknowledged declaration of homestead upon the sheriff or other officer conducting an execution prior to the time stated in the notice of execution.
(2) The declaration of homestead shall contain:
(a) a statement that the claimant is entitled to an exemption and if the claimant is married a statement that the claimant's spouse has not filed a declaration of homestead;
(b) a description of the property subject to the homestead;
(c) an estimate of the cash value of the property; and
(d) a statement specifying the amount of the homestead claimed and stating the name, age, and address of any spouse and dependents claimed to determine the value of the homestead.
(3) If a declaration of homestead is not filed or served as provided in this section, title shall pass to the purchaser upon execution free and clear of all homestead rights.
(4) If an individual is married, no conveyance of or security interest in, or contract to convey or create a security interest in property recorded as a homestead prior to the time of the conveyance, security interest, or contract is valid, unless both the husband and wife join in the execution of the conveyance, security interest, or contract.
(5) Property that includes a homestead may not be sold at execution if there is no bid which exceeds the amount of the declared homestead exemption.
(6) If property that includes a homestead is sold under execution, the sale is subject to redemption by the judgment debtor as provided in Rule 69C of the Utah Rules of Civil Procedure. If there is a deficiency, the property may not be subject to another execution to cover the deficiency.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 5 - Utah Exemptions Act › Section 506 - Value of exempt property -- Exemption of implements, professional books, tools, and motor vehicles.

Effective 5/12/2015
78B-5-506.
Value of exempt property -- Exemption of implements, professional books, tools, and motor vehicles.
(1) An individual is entitled to exemption of the following property up to an aggregate value of items in each subsection of $1,000:
(a) sofas, chairs, and related furnishings reasonably necessary for one household;
(b) dining and kitchen tables and chairs reasonably necessary for one household;
(c) animals, books, and musical instruments, if reasonably held for the personal use of the individual or the individual's dependents; and
(d) heirlooms or other items of particular sentimental value to the individual.
(2) An individual is entitled to an exemption, not exceeding $5,000 in aggregate value, of implements, professional books, or tools of the individual's trade, including motor vehicles to which no other exemption has been applied, and that are actually used by the individual in the individual's principal business, trade, or profession.
(3)
(a) As used in this Subsection (3), "motor vehicle" does not include any motor vehicle designed for or used primarily for recreational purposes, such as:
(i) an off-highway vehicle as defined in Section 41-22-2, except a motorcycle the individual regularly uses for daily transportation; or
(ii) a recreational vehicle as defined in Section 13-14-102, except a van the individual regularly uses for daily transportation.
(b) An individual is entitled to an exemption, not exceeding $3,000 in value, of one motor vehicle.
(4) This section does not affect property exempt under Section 78B-5-505.
Amended by Chapter 212, 2015 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 5 - Utah Exemptions Act › Section 507 - Exemption of proceeds from property sold, taken by condemnation, lost, damaged, or destroyed -- Tracing exempt property and proceeds.

Effective 5/12/2020
78B-5-507.
Exemption of proceeds from property sold, taken by condemnation, lost, damaged, or destroyed -- Tracing exempt property and proceeds.
(1)
(a) An individual who owned property described in this Subsection (1) is entitled to an exemption of proceeds that are traceable for one year after the compensation for the property is received if:
(i)
(A) the property, or a part of the property, could have been claimed exempt under Subsection 78B-5-505(1)(a)(i) or (ii); or
(B) the property is personal property subject to a value limitation under Subsection 78B-5-506(1)(a), (b), or (c); and
(ii) the property has been:
(A) sold or taken by condemnation; or
(B) lost, damaged, or destroyed; and
(C) the owner has been compensated for the property.
(b) The exemption of proceeds under this Subsection (1) does not entitle the individual to claim an aggregate exemption in excess of the value limitation otherwise allowable under Section 78B-5-503 or 78B-5-506.
(2) Money or other property exempt under Subsection 78B-5-505(1)(a)(iii), (iv), (v), (vi), (vii), (xiii), (xiv), or (xviii) remains exempt after its receipt by, and while it is in the possession of, the individual or in any other form into which it is traceable.
(3) Money or other property and proceeds exempt under this chapter are traceable under this section by application of:
(a) the principle of:
(i) first-in first-out; or
(ii) last-in last-out; or
(b) any other reasonable basis for tracing selected by the individual.
Amended by Chapter 425, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 5 - Utah Exemptions Act › Section 508 - Allowable claims against exempt property.

78B-5-508.
Allowable claims against exempt property.
(1) Notwithstanding other provisions of this part, but subject to the provisions of the Utah Uniform Consumer Credit Code:
(a) A creditor may levy against exempt property of any kind, except unemployment benefits, to enforce a claim for:
(i) alimony, support, or maintenance;
(ii) unpaid earnings of up to one month's compensation or the full-time equivalent of one month's compensation for personal services of an employee; or
(iii) state or local taxes.
(b) The only deductions that can be withheld from unemployment benefits are those listed in Section 35A-4-103.
(c) A creditor may levy against exempt property to enforce a claim for:
(i) the purchase price of the property or a loan made for the purpose of enabling an individual to purchase the specific property used for that purpose;
(ii) labor or materials furnished to make, repair, improve, preserve, store, or transport the specific property; and
(iii) a special assessment imposed to defray costs of a public improvement benefiting the property.
(2) This section does not affect the right to enforce any statutory lien or security interest in exempt property.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 5 - Utah Exemptions Act › Section 509 - Waiver of exemptions in favor of unsecured creditor unenforceable.

78B-5-509.
Waiver of exemptions in favor of unsecured creditor unenforceable.
A waiver of exemptions executed in favor of an unsecured creditor before levy on an individual's property is unenforceable.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 5 - Utah Exemptions Act › Section 510 - Assertion of individual's rights by spouse, dependent, or other authorized person.

78B-5-510.
Assertion of individual's rights by spouse, dependent, or other authorized person.
If an individual fails to select property entitled to be claimed as exempt or to object to a levy on the property or to assert any other right under this part, the spouse or a dependent of the individual or any other authorized person may make the claim or objection or assert the rights provided by this part.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 5 - Utah Exemptions Act › Section 511 - Injunctive relief, damages, or both allowed against creditor to prevent violation of chapter -- Costs and attorney fees.

78B-5-511.
Injunctive relief, damages, or both allowed against creditor to prevent violation of chapter -- Costs and attorney fees.
An individual or the spouse or a dependent of the individual is entitled to injunctive relief, damages, or both, against a creditor or other person to prevent or redress a violation of this part. A court may award costs and reasonable attorney fees to a party entitled to injunctive relief or damages.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 5 - Utah Exemptions Act › Section 512 - Property held by joint tenants or tenants in common.

78B-5-512.
Property held by joint tenants or tenants in common.
If an individual and another own property in this state as joint tenants or tenants in common, a creditor of the individual, subject to the individual's right to claim an exemption under this part, may obtain a levy on and sale of the interest of the individual in the property. A creditor who has obtained a levy, or a purchaser who has purchased the individual's interest at the sale, may have the property partitioned or the individual's interest severed.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 5 - Utah Exemptions Act › Section 513 - Exemption provisions applicable in bankruptcy proceedings.

78B-5-513.
Exemption provisions applicable in bankruptcy proceedings.
An individual may not exempt from the property of the estate in any bankruptcy proceeding the property specified in Subsection (d) of Section 522 of the Bankruptcy Reform Act (Public Law 95-598), unless the individual is a nonresident of this state and has been for the 180 days immediately preceding filing for bankruptcy.
Amended by Chapter 192, 2013 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 6 - Evidence › Section 601 - Statutes as evidence.

78B-5-601.
Statutes as evidence.
(1) The recitals in a public statute are conclusive evidence of the fact recited for the purpose of carrying it into effect.
(2) The recitals in a private statute are conclusive evidence between parties who claim under its provisions.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 6 - Evidence › Section 602 - Entries in official records as evidence.

78B-5-602.
Entries in official records as evidence.
Entries in public or other official books or records, made by a public officer in the performance of the officer's official duties or by any other person in the performance of a duty specially enjoined by the law, are prima facie evidence of the facts stated in the entry.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 6 - Evidence › Section 603 - Entries in course of official duty as evidence.

78B-5-603.
Entries in course of official duty as evidence.
An entry made by an officer or board of officers, or under the direction and in the presence of either, in the course of official duty is prima facie evidence of the facts stated in the entry.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 6 - Evidence › Section 604 - Certificate of location or purchase of public lands of United States as evidence.

78B-5-604.
Certificate of location or purchase of public lands of United States as evidence.
A certificate of purchase or of location of any lands in this state, issued or made in pursuance of any law of the United States, is prima facie evidence that the holder or assignee of the certificate is the owner of the land described in the certificate. This evidence may be overcome by proof that the land was in the adverse possession of the adverse party, or those under whom the party claims, or that the adverse party was holding the land for mining purposes at the time the certificate is filed.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 6 - Evidence › Section 605 - Histories, scientific books, maps, and charts as evidence.

78B-5-605.
Histories, scientific books, maps, and charts as evidence.
Historical works, books of science or art, and published maps or charts, when made or published by persons having no interest in a proceeding, are prima facie evidence of facts of general notoriety and interest.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 6 - Evidence › Section 606 - Certificate of acknowledgment as evidence of execution.

78B-5-606.
Certificate of acknowledgment as evidence of execution.
Private writings, except last wills and testaments, may be acknowledged or proved, and certified in the manner provided for the acknowledgment or proof of conveyances of real property. The certificate of acknowledgment or proof is prima facie evidence of the execution of the writing in the same manner as a conveyance of real property.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 6 - Evidence › Section 607 - When entries and writings of a decedent are prima facie evidence.

78B-5-607.
When entries and writings of a decedent are prima facie evidence.
The entries and other writings of a decedent made at or near the time of the transaction, and when the decedent was in a position to know the facts stated in the entry, may be read as prima facie evidence of the facts written about, in the following cases:
(1) the entry was made against the interest of the person making it;
(2) it was made in a professional capacity and in the ordinary course of professional conduct; or
(3) it was made in the performance of a duty specially enjoined by law.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 6 - Evidence › Section 608 - Writings -- How proved.

78B-5-608.
Writings -- How proved.
A writing may be proved either:
(1) by any one who saw the writing executed;
(2) by evidence of the genuineness of the handwriting of the maker; or
(3) by a subscribing witness.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 6 - Evidence › Section 609 - Proof of execution when subscribing witness denies or forgets.

78B-5-609.
Proof of execution when subscribing witness denies or forgets.
If the subscribing witness denies or does not recollect the execution of the writing, its execution may still be proved by other evidence.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 6 - Evidence › Section 610 - When unnecessary.

78B-5-610.
When unnecessary.
If the evidence shows that the party against whom the writing is offered has at any time admitted its execution, no other evidence of the execution need be given if the instrument is one produced from the custody of the adverse party and has been acted upon by the party as genuine.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 6 - Evidence › Section 611 - Proof of wills.

78B-5-611.
Proof of wills.
A last will and testament, except a nuncupative will, is invalid, unless it is in writing and executed in accordance with Title 75, Chapter 2, Part 5, Wills. When a will is to be shown, the instrument itself shall be produced, or secondary evidence of its contents given.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 6 - Evidence › Section 612 - Proof of instruments affecting real estate.

78B-5-612.
Proof of instruments affecting real estate.
An instrument conveying or affecting real property, acknowledged, or proved and certified as provided by law, may, together with the certificate of acknowledgment or proof, be read in evidence in an action or proceeding, without further proof. The record, or a certified copy of the record, of the conveyance or instrument acknowledged or proved may be read in evidence, with the same effect as the original. The party offering the certified copy shall prove by affidavit or otherwise, that the original is not in the possession or under the control of the party.
Renumbered and Amended by Chapter 3, 2008 General Session