reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 6 - Evidence › Section 613 - Proof of publication of document, notice, or order.

78B-5-613.
Proof of publication of document, notice, or order.
(1)
(a) If a court or judge orders a document or notice published in a newspaper, evidence of the publication shall be made by affidavit of the publisher, the publisher's foreman, or principal clerk with a copy of the publication attached.
(b) The affidavit shall state the date and newspaper of publication.
(2)
(a) If a court or judge orders a document or notice published electronically in accordance with Section 45-1-101, evidence of the publication shall be made by affidavit of the website publisher or the website publisher's designee with a printed copy of the publication attached.
(b) The affidavit shall state the date of publication.
Amended by Chapter 388, 2009 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 6 - Evidence › Section 614 - Filing of affidavit -- Original or certified copy as evidence.

78B-5-614.
Filing of affidavit -- Original or certified copy as evidence.
If an affidavit is made in an action or special proceeding pending in a court, it may be filed with the court or clerk of the court. If not made in an action or special proceeding pending in a court, it may be filed with the recorder of the county where the newspaper is published. The original affidavit, or a copy certified by the judge of the court or officer having it in custody, is prima facie evidence of the facts stated in the affidavit.
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 615 - Parol evidence of contents of writings -- When admissible.

78B-5-615.
Parol evidence of contents of writings -- When admissible.
(1) The contents of a writing shall be proved by the original writing unless:
(a) the original has been lost or destroyed, in which case proof of the loss or destruction shall be made first;
(b) the original is in the possession of the party against whom the evidence is offered and the party fails to produce it after reasonable notice;
(c) the original is a record or other document in the custody of a public officer;
(d) the original has been recorded, and the record or a certified copy of the record is made in accordance with the law governing the writing offered; or
(e) the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time, and the evidence sought from them is only the general result of the whole.
(2) If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless its preservation is required by law. The reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not, an enlargement or facsimile of the reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile, does not preclude admission of the original.
(3) In the cases mentioned in Subsections (1)(c) and (d), a copy of the original, or of the record, shall be produced. In those mentioned in Subsections (1)(a) and (b), either a copy or oral evidence of the contents shall be 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 616 - Business record -- Admissibility -- Weight.

78B-5-616.
Business record -- Admissibility -- Weight.
(1) As used in this section, "business" includes business, profession, occupation, and calling of every kind.
(2) A writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence, or event, shall be admissible as evidence of that act, transaction, occurrence, or event, if made in the regular course of any business, and if it was the regular course of the business to make the memorandum or record at the time of the act, transaction, occurrence, or event or within a reasonable time after.
(3) All circumstances, other than those set forth in Subsection (2), of the making of the writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight, but those circumstances do not affect its admissibility.
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 617 - Writings bearing obvious alterations -- Explanation required.

78B-5-617.
Writings bearing obvious alterations -- Explanation required.
(1) The party producing as genuine a writing which has been altered, or appears to have been altered after its execution in a part material to the question in dispute must account for the appearance of alteration.
(2) The party may show that the alteration:
(a) was made by another without the party's concurrence;
(b) was made with the consent of the parties affected by it;
(c) was otherwise properly or innocently made; or
(d) does not change the meaning or language of the instrument.
(3) An altered writing that a party cannot adequately explain under Subsection (2) is not admissible.
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 619 - Access to medical records of deceased patient.

78B-5-619.
Access to medical records of deceased patient.
For purposes of Section 78B-5-618, and 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually Identifiable Health Information, a health care provider with medical records of a deceased person may recognize the deceased person's surviving spouse or an adult child as a personal representative.
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 620 - Calibration certificates for breathalizers.

78B-5-620.
Calibration certificates for breathalizers.
(1) As used in this section:
(a) "Breathalizer" means any device used by a law enforcement agency which utilizes a person's breath to estimate blood alcohol content.
(b) "Calibration" means the manual setting of specific levels on a breathalizer by a person trained to reset the machine to insure as accurate results as possible.
(c) "Certificate of calibration" means the document issued by the person who calibrates a breathalizer, attesting to the accuracy of the machine.
(d) "Department" means the Department of Public Safety created in Section 53-1-103.
(e) "Digitize" means to convert content from a tangible, analog form into a digital electronic representation of that content.
(2) The department may digitize and post the digital format of certificates of calibration on its website in a secure location not available to the public.
(3) The secure location shall be available to courts and local prosecutors' offices for use in actions in which it is alleged a party was intoxicated and a law enforcement officer required the party to submit to a breathalizer test.
(4) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(a) to provide a method for insuring the accuracy of the certificates on the website; and
(b) providing for an attestation to the authenticity of the certificate upon download by a prosecutor or court.
Enacted by Chapter 209, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 7 - Affidavits › Section 701 - Taking of affidavits in this state.

78B-5-701.
Taking of affidavits in this state.
An affidavit to be used before any court, judge, or officer of this state may be taken before any judge, the clerk of any court, any justice court judge, or any notary public in this state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 7 - Affidavits › Section 702 - Taking of affidavits in another state.

78B-5-702.
Taking of affidavits in another state.
An affidavit taken in another state or territory of the United States, to be used in this state, may be taken before a commissioner appointed by the governor of this state to take affidavits and depositions in another state or territory, or before any notary public in another state or territory, or before any judge or clerk of a court of record having a seal.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 7 - Affidavits › Section 703 - Taking of affidavits in foreign country.

78B-5-703.
Taking of affidavits in foreign country.
An affidavit taken in a foreign country, to be used in this state, may be taken before an ambassador, minister, consul, vice consul or consular agent of the United States, or before any judge of a court of record having a seal, in the foreign country.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 7 - Affidavits › Section 704 - Certification of affidavits taken before foreign court or judge.

78B-5-704.
Certification of affidavits taken before foreign court or judge.
When an affidavit is taken before a judge or court in another state or territory, or in a foreign country, the genuineness of the signature of the judge, the existence of the court, and the fact that the judge is a member of the court, shall be certified by the clerk of the court under the court's seal.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 801 - Public and private statutes defined.

78B-5-801.
Public and private statutes defined.
Statutes are public and private. A private statute is one which concerns only certain designated individuals, and affects only their private rights. All other statutes are public, in which are included statutes creating or affecting corporations.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 802 - Tender -- Offer in writing sufficient -- Objection -- Must be specific or waived.

78B-5-802.
Tender -- Offer in writing sufficient -- Objection -- Must be specific or waived.
(1) An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument, or property.
(2) The person to whom a tender is made shall, at the time, specify any objection to the money, instrument, or property, or it is considered waived.
(3) If the objection is to the amount of money, the terms of the instrument or the amount or kind of property, the person shall specify the amounts, terms, or kind which is required, or be precluded from objection afterwards.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 803 - Receipt may be demanded as condition to payment or deposit.

78B-5-803.
Receipt may be demanded as condition to payment or deposit.
A person who pays money, or delivers an instrument or property, is entitled to a receipt from the person to whom the payment or delivery is made, and may demand a proper signature to the receipt as a condition of the payment or delivery.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 804 - Money deposited in court.

78B-5-804.
Money deposited in court.
(1)
(a) Any person depositing money in court, to be held in trust, shall pay it to the court clerk.
(b) The clerk shall deposit the money in a court trust fund or with the county treasurer or city recorder to be held subject to the order of the court.
(2) The Judicial Council shall adopt rules governing the maintenance of court trust funds and the disposition of interest earnings on those trust funds.
(3)
(a) Any interest earned on trust funds in the courts of record that is not required to accrue to the litigants by Judicial Council rule or court order shall be deposited in a restricted account. Any interest earned on trust funds in the courts not of record that is not required to accrue to the litigants by Judicial Council rule or court order shall be deposited in the general fund of the county or municipality.
(b) The Legislature shall appropriate funds from the restricted account of the courts of record to the Judicial Council to:
(i) offset costs to the courts for collection and maintenance of court trust funds; and
(ii) provide accounting and auditing of all court revenue and trust accounts.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 805 - State, state officers, and political subdivisions not required to give bond.

Effective 3/25/2015
78B-5-805.
State, state officers, and political subdivisions not required to give bond.
(1) In any civil action or proceeding in which the state is a party plaintiff, or any state officer in an official capacity or on behalf of the state, or any county or city or other public corporation is a party plaintiff or defendant, no bond, written undertaking, or security may be required of the state, or any state officer, or of any county, city, or other public corporation.
(2) Upon compliance with the other provisions of the law, the state or any state officer acting in an official capacity, or any county, city, or other public corporation, has the same rights, remedies, and benefits as if the bond, undertaking, or security were given and approved as required by law.
Repealed and Re-enacted by Chapter 153, 2015 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 806 - Payment of costs by state.

78B-5-806.
Payment of costs by state.
When a state is a party and costs are awarded against it, the costs shall be paid out of the state treasury. The auditor shall draw a warrant on the General Fund for payment.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 807 - Payment of costs by county.

78B-5-807.
Payment of costs by county.
When a county is a party and costs are awarded against it, the costs shall be paid out of the county treasury.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 808 - Salaries of public officers subject to garnishment.

78B-5-808.
Salaries of public officers subject to garnishment.
The state and any subdivision, agency, or institution of the state which has in its possession or under its control any credits or other personal property of, or owing any debt to, the defendant in any action, whether as salary or wages, as a public official or employee may be subject to attachment, garnishment, and execution in accordance with any rights, remedies, and procedures applicable to attachment, garnishment, and execution, respectively, except as provided in Section 78B-5-809.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 809 - Service of process.

78B-5-809.
Service of process.
Process for a garnishment under Section 78B-5-808 shall be served only upon the auditor of the legal subdivision garnished. If there is no auditor, then process shall be served on the clerk of the subdivision, agency, or institution. The answer of the auditor or clerk shall be final and conclusive.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 810 - Sureties on stay bonds entitled to subrogation.

78B-5-810.
Sureties on stay bonds entitled to subrogation.
If a surety on an appeal executed to stay proceedings upon a money judgment pays the judgment, either with or without action, after its affirmance by the appellate court, the surety is subrogated to the rights of the judgment creditor, and entitled to control, enforce, and satisfy the judgment in all respects as if the surety had recovered the same.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 811 - Provisions as to depositions made applicable to nonjudicial proceedings.

78B-5-811.
Provisions as to depositions made applicable to nonjudicial proceedings.
The provisions of law relating to the taking of depositions in actions pending before the courts of this state are applicable to commissions, boards and officers authorized to subpoena witnesses and take testimony.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 812 - Release or settlement of personal injury claim -- When voidable.

78B-5-812.
Release or settlement of personal injury claim -- When voidable.
(1) Any release of liability or settlement agreement entered into within a period of 15 days from the date of an occurrence causing physical injury to any person, or entered into prior to the initial discharge of the person from any hospital or sanitarium in which the injured person is confined as a result of the injuries sustained in the occurrence, is voidable by the injured person, as provided in Sections 78B-5-812 through 78B-5-816.
(2) Notice of cancellation of the release or settlement agreement, together with any payment or other consideration received in connection with the release or agreement shall be mailed or delivered to the party to whom the release or settlement agreement was given, by the later of the following dates:
(a) within 15 days from the date of the occurrence causing the injuries which are subject of the settlement agreement or liability release; or
(b) within 15 days after the date of the injured person's discharge from the hospital or sanitarium in which the person has been confined continuously since the date of the occurrence causing the injury.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 813 - Statement of injured person -- When inadmissible as evidence.

78B-5-813.
Statement of injured person -- When inadmissible as evidence.
Except as otherwise provided in Sections 78B-5-812 through 78B-5-816, any statement, either written or oral, obtained from an injured person within 15 days of an occurrence or while the person is confined in a hospital or sanitarium as a result of injuries sustained in the occurrence, and which statement is obtained by a person whose interest is adverse or may become adverse to the injured person, except a peace officer, is not admissible as evidence in any civil proceeding brought by or against the injured person for damages sustained as a result of the occurrence, unless:
(1) a written verbatim copy of the statement has been left with the injured party at the time the statement was taken; and
(2) the statement has not been disavowed in writing within 15 days of the date of the statement or within 15 days after the date of the injured person's initial discharge from the hospital or sanitarium in which the person has been confined, whichever date is later.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 814 - Release, settlement, or statement by injured person -- When rescission or disavowal provisions inapplicable.

78B-5-814.
Release, settlement, or statement by injured person -- When rescission or disavowal provisions inapplicable.
Sections 78B-5-812 through 78B-5-816 do not apply if at least five days prior to signing the settlement agreement, liability release, or statement, the injured person signed a statement in writing indicating willingness and agreement to the settlement agreement, liability release, or statement.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 815 - Release, settlement, or statement by injured person -- Notice of rescission or disavowal.

78B-5-815.
Release, settlement, or statement by injured person -- Notice of rescission or disavowal.
Notice of cancellation or notice disavowing a statement, if given by mail, is given when it is deposited in a mailbox, properly addressed with postage prepaid. Notice of cancellation given by the injured person need not take a particular form. It is sufficient if it indicates by any form of written expression the intention of the injured person not to be bound by the settlement agreement, liability release, or disavowed statement.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 816 - Right of rescission or disavowal of release, settlement, or statement by injured person in addition to other provisions.

78B-5-816.
Right of rescission or disavowal of release, settlement, or statement by injured person in addition to other provisions.
The rights provided by Sections 78B-5-812 through 78B-5-816 are intended to be in addition to, and not in lieu of, any rights of rescission, rules of evidence, or provisions otherwise existing in the law.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 817 - Definitions.

78B-5-817.
Definitions.
As used in Sections 78B-5-817 through 78B-5-823:
(1) "Defendant" means a person, other than a person immune from suit as defined in Subsection (3), who is claimed to be liable because of fault to any person seeking recovery.
(2) "Fault" means any actionable breach of legal duty, act, or omission proximately causing or contributing to injury or damages sustained by a person seeking recovery, including negligence in all its degrees, comparative negligence, assumption of risk, strict liability, breach of express or implied warranty of a product, products liability, and misuse, modification, or abuse of a product.
(3) "Person immune from suit" means:
(a) an employer immune from suit under Title 34A, Chapter 2, Workers' Compensation Act, or Chapter 3, Utah Occupational Disease Act; and
(b) a governmental entity or governmental employee immune from suit pursuant to Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(4) "Person seeking recovery" means any person seeking damages or reimbursement on its own behalf, or on behalf of another for whom it is authorized to act as legal representative.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 818 - Comparative negligence.

78B-5-818.
Comparative negligence.
(1) The fault of a person seeking recovery may not alone bar recovery by that person.
(2) A person seeking recovery may recover from any defendant or group of defendants whose fault, combined with the fault of persons immune from suit and nonparties to whom fault is allocated, exceeds the fault of the person seeking recovery prior to any reallocation of fault made under Subsection 78B-5-819(2).
(3) No defendant is liable to any person seeking recovery for any amount in excess of the proportion of fault attributed to that defendant under Section 78B-5-819.
(4)
(a) The fact finder may, and when requested by a party shall, allocate the percentage or proportion of fault attributable to each person seeking recovery, to each defendant, to any person immune from suit, and to any other person identified under Subsection 78B-5-821(4) for whom there is a factual and legal basis to allocate fault. In the case of a motor vehicle accident involving an unidentified motor vehicle, the existence of the vehicle shall be proven by clear and convincing evidence which may consist solely of one person's testimony.
(b) Any fault allocated to a person immune from suit is considered only to accurately determine the fault of the person seeking recovery and a defendant and may not subject the person immune from suit to any liability, based on the allocation of fault, in this or any other action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 819 - Separate special verdicts on total damages and proportion of fault.

78B-5-819.
Separate special verdicts on total damages and proportion of fault.
(1) The trial court may, and when requested by any party shall, direct the jury, if any, to find separate special verdicts determining the total amount of damages sustained and the percentage or proportion of fault attributable to each person seeking recovery, to each defendant, to any person immune from suit, and to any other person identified under Subsection 78B-5-821(4) for whom there is a factual and legal basis to allocate fault.
(2)
(a) If the combined percentage or proportion of fault attributed to all persons immune from suit is less than 40%, the trial court shall reduce that percentage or proportion of fault to zero and reallocate that percentage or proportion of fault to the other parties and those identified under Subsection 78B-5-821(4) for whom there is a factual and legal basis to allocate fault in proportion to the percentage or proportion of fault initially attributed to each by the fact finder. After this reallocation, cumulative fault shall equal 100% with the persons immune from suit being allocated no fault.
(b) If the combined percentage or proportion of fault attributed to all persons immune from suit is 40% or more, that percentage or proportion of fault attributed to persons immune from suit may not be reduced under Subsection (2)(a).
(c)
(i) The jury may not be advised of the effect of any reallocation under Subsection (2).
(ii) The jury may be advised that fault attributed to persons immune from suit may reduce the award of the person seeking recovery.
(3) A person immune from suit may not be held liable, based on the allocation of fault, in this or any other action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 820 - Amount of liability limited to proportion of fault -- No contribution.

78B-5-820.
Amount of liability limited to proportion of fault -- No contribution.
(1) Subject to Section 78B-5-818, the maximum amount for which a defendant may be liable to any person seeking recovery is that percentage or proportion of the damages equivalent to the percentage or proportion of fault attributed to that defendant.
(2) A defendant is not entitled to contribution from any other person.
(3) A defendant or person seeking recovery may not bring a civil action against any person immune from suit to recover damages resulting from the allocation of fault under Section 78B-5-818.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 821 - Joinder of defendants.

78B-5-821.
Joinder of defendants.
(1) A person seeking recovery, or any defendant who is a party to the litigation, may join as a defendant, in accordance with the Utah Rules of Civil Procedure, any person other than a person immune from suit alleged to have caused or contributed to the injury or damage for which recovery is sought, for the purpose of having determined their respective proportions of fault.
(2) A person immune from suit may not be named as a defendant, but fault may be allocated to a person immune from suit solely for the purpose of accurately determining the fault of the person seeking recovery and all defendants. A person immune from suit is not subject to any liability, based on the allocation of fault, in this or any other action.
(3)
(a) A person immune from suit may intervene as a party under Rule 24, Utah Rules of Civil Procedure, regardless of whether or not money damages are sought.
(b) A person immune from suit who intervenes in an action may not be held liable for any fault allocated to that person under Section 78B-5-818.
(4) Fault may not be allocated to a non-party unless a party timely files a description of the factual and legal basis on which fault can be allocated and information identifying the non-party, to the extent known or reasonably available to the party, including name, address, telephone number and employer. The party shall file the description and identifying information in accordance with Rule 9, Utah Rules of Civil Procedure or as ordered by the court but in no event later than 90 days before trial as provided in Rule 9, Utah Rules of Civil Procedure.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 822 - Release to one defendant does not discharge other defendants.

78B-5-822.
Release to one defendant does not discharge other defendants.
A release given by a person seeking recovery to one or more defendants does not discharge any other defendant unless the release so provides.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 823 - Effect on immunity, exclusive remedy, indemnity, and contribution.

78B-5-823.
Effect on immunity, exclusive remedy, indemnity, and contribution.
Nothing in Sections 78B-5-817 through 78B-5-822 affects or impairs any common law or statutory immunity from liability, including, but not limited to, governmental immunity as provided in Title 63G, Chapter 7, Governmental Immunity Act of Utah, and the exclusive remedy provisions of Title 34A, Chapter 2, Workers' Compensation Act. Nothing in Sections 78B-5-817 through 78B-5-822 affects or impairs any right to indemnity or contribution arising from statute, contract, or agreement.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 824 - Personal injury judgments -- Interest authorized.

Effective 5/13/2014
78B-5-824.
Personal injury judgments -- Interest authorized.
(1) In all actions brought to recover damages for personal injuries sustained by any person, caused by the negligence or willful intent of another person, corporation, association, or partnership, and whether the injury was fatal or otherwise, the plaintiff, including a counterclaim plaintiff or a crossclaim plaintiff, in the complaint may claim interest on special damages actually incurred.
(2) A plaintiff, including a counterclaim plaintiff or a crossclaim plaintiff, seeking to recover damages for personal injury or wrongful death may claim prejudgment interest if for cases classified as tier 1, pursuant to the Utah Rules of Civil Procedure, the plaintiff tenders:
(a) a written settlement demand, including settlement demands under Utah Rule of Civil Procedure 68; and
(b) the amount of the demand does not exceed 1-1/3 of the amount of the judgment eventually awarded at trial.
(3) For purposes of this statute, the determining offer and counteroffer shall be the last written offer or counteroffer timely tendered by a party, provided that the offer or counteroffer is tendered at least 60 days before trial.
(4) Cases classified as tier 2 or tier 3 by the Utah Rules of Civil Procedure or submitted to binding arbitration in accordance with Sections 18-1-4 and 31A-22-321 are not subject to the requirements outlined in Subsection (2).
(5)
(a) Any prejudgment interest shall be computed as simple interest. For first special damages incurred during the year of the occurrence of the act giving rise to the cause of action, any prejudgment interest shall be computed as simple interest accruing from the date on which the first date special damages were actually incurred.
(b) For special damages incurred in successive years, prejudgment interest shall be calculated from January 1 of each year special damages were incurred. The court shall calculate prejudgment interest using a per annum rate, which is two percentage points above the prime rate, as published by the Board of Governors of the Federal Reserve System on the first business day in January of the calendar year in which the judgment is entered. The prejudgment interest rate applied to all cases may not be lower than 5% or higher than 10%.
(6) As used in this section, "special damages actually incurred" does not include damages for future medical expenses, loss of future wages, or loss of future earning capacity.
(7) This section applies to any cause of action arising on or after July 1, 2014.
Amended by Chapter 257, 2014 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 825 - Attorney fees -- Award where action or defense in bad faith -- Exceptions.

Effective 5/4/2022
78B-5-825.
Attorney fees -- Award where action or defense in bad faith -- Exceptions.
(1) In civil actions, the court shall award reasonable attorney fees to a prevailing party if the court determines that the action or defense to the action was without merit and not brought or asserted in good faith, except under Subsection (2).
(2) The court, in the court's discretion, may award no fees or limited fees against a party under Subsection (1), but only if the court:
(a) finds the party has filed an affidavit of indigency under Section 78A-2-302 in the action before the court; or
(b) the court enters in the record the reason for not awarding fees under the provisions of Subsection (1).
Amended by Chapter 272, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 825.5 - Attorney fees -- Private attorney general doctrine disavowed.

78B-5-825.5.
Attorney fees -- Private attorney general doctrine disavowed.
A court may not award attorney fees under the private attorney general doctrine in any action filed after May 12, 2009.
Enacted by Chapter 373, 2009 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 826 - Attorney fees -- Reciprocal rights to recover attorney fees.

78B-5-826.
Attorney fees -- Reciprocal rights to recover attorney fees.
A court may award costs and attorney fees to either party that prevails in a civil action based upon any promissory note, written contract, or other writing executed after April 28, 1986, when the provisions of the promissory note, written contract, or other writing allow at least one party to recover attorney fees.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 827 - Attorney fees awarded to state funded agency in action against state or subdivision -- Forfeit of appropriated money.

78B-5-827.
Attorney fees awarded to state funded agency in action against state or subdivision -- Forfeit of appropriated money.
An agency or organization receiving state funds which, as a result of its suing the state, or political subdivision of the state, receives attorney fees and costs as all or part of a settlement or award, shall forfeit to the General Fund, from its appropriated money, an amount equal to the attorney fees received.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 8 - Miscellaneous › Section 828 - Bond required in an environmental action.

78B-5-828.
Bond required in an environmental action.
(1) As used in this section:
(a) "Administrative stay" means a stay or other temporary remedy issued by an agency under Section 63G-4-405.
(b) "Environmental action" means a cause of action that:
(i) is filed on or after May 10, 2011; and
(ii) seeks judicial review of a final agency action to issue a permit by:
(A) the Department of Natural Resources;
(B) the Department of Transportation; or
(C) the School and Institutional Trust Lands Administration.
(c) "Ultimately prevail on the merits" means, in the final judgment, the court rules in the plaintiff's favor on at least one cause of action.
(2) A plaintiff who obtains a preliminary injunction or administrative stay in an environmental action, but does not ultimately prevail on the merits of the environmental action, is liable for damages sustained by a defendant who:
(a) opposed the preliminary injunction or administrative stay; and
(b) was harmed by the preliminary injunction.
(3) A court may not issue a preliminary injunction and an agency may not grant an administrative stay in an environmental action until the plaintiff posts with the court or the agency a surety bond or cash equivalent:
(a) in an amount the court or agency considers sufficient to compensate each defendant opposing the preliminary injunction or administrative stay for damages that each defendant may sustain as a result of the preliminary injunction or administrative stay;
(b) written by a surety licensed to do business in the state; and
(c) payable to each defendant opposing the preliminary injunction or administrative stay in the event the plaintiff does not prevail on the merits of the environmental action.
(4) If there is more than one plaintiff, the court or agency shall establish the amount of the bond required by Subsection (3) for each plaintiff in a fair and equitable manner.
(5)
(a) If the plaintiff does not ultimately prevail on the merits of the environmental action, the court shall execute the bond and award damages to each defendant who:
(i) opposed the preliminary injunction or administrative stay; and
(ii) was harmed as a result of its issuance.
(b) If the amount of money secured by the surety bond or cash equivalent:
(i) exceeds the damages awarded, the court or agency shall return the excess to the plaintiff; and
(ii) is less than the damages awarded, the court or agency shall order the plaintiff to pay the remaining damages.
(6) Notwithstanding any other provision of law, a court's or agency's refusal to require the posting of a surety bond or cash equivalent as required by this section is subject to immediate appeal.
Enacted by Chapter 116, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 9 - Public Safety Peer Counseling and Behavioral Emergency Services Technicians › Section 902 - Definitions.

Effective 5/3/2023
Superseded 7/1/2024
78B-5-902.
Definitions.
As used in this part:
(1) "Behavioral emergency services technician" means an individual who is licensed under Section 26B-4-116 as:
(a) a behavioral emergency services technician; or
(b) an advanced behavioral emergency services technician.
(2) "Communication" means an oral statement, written statement, note, record, report, or document made during, or arising out of, a meeting between a law enforcement officer, firefighter, emergency medical service provider, or rescue provider and a peer support team member.
(3) "Emergency medical service provider or rescue unit peer support team member" means an individual who is:
(a) an emergency medical service provider as defined in Section 26B-4-101, a regular or volunteer member of a rescue unit acting as an emergency responder as defined in Section 53-2a-502, or another individual who has been trained in peer support skills; and
(b) designated by the chief executive of an emergency medical service agency or the chief of a rescue unit as a member of an emergency medical service provider's peer support team or as a member of a rescue unit's peer support team.
(4) "Law enforcement or firefighter peer support team member" means an individual who is:
(a) a peace officer, dispatcher as defined in Section 53-6-102, civilian employee, or volunteer member of a law enforcement agency, a regular or volunteer member of a fire department, or another individual who has been trained in peer support skills; and
(b) designated by the commissioner of the Department of Public Safety, the executive director of the Department of Corrections, a sheriff, a police chief, a dispatch executive director, or a fire chief as a member of a law enforcement agency's peer support team or a fire department's peer support team.
(5) "Public Safety answering point peer support team member" means an individual who is:
(a) employed by a public safety answering point as defined in Section 63H-7a-103; and
(b) designated by the chief executive of a public safety answering point as a member of a public safety answering point's peer support team.
(6) "Trained" means a person who has successfully completed a peer support training program approved by the Peace Officer Standards and Training Division, the State Fire Marshal's Office, or the Department of Health and Human Services, as applicable.
Amended by Chapter 19, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 9 - Public Safety Peer Counseling and Behavioral Emergency Services Technicians › Section 902 - Definitions.

Effective 7/1/2024
78B-5-902.
Definitions.
As used in this part:
(1) "Behavioral emergency services technician" means an individual who is licensed under Section 53-2d-402 as:
(a) a behavioral emergency services technician; or
(b) an advanced behavioral emergency services technician.
(2) "Communication" means an oral statement, written statement, note, record, report, or document made during, or arising out of, a meeting between a law enforcement officer, firefighter, emergency medical service provider, or rescue provider and a peer support team member.
(3) "Emergency medical service provider or rescue unit peer support team member" means an individual who is:
(a) an emergency medical service provider as defined in Section 53-2d-101, a regular or volunteer member of a rescue unit acting as an emergency responder as defined in Section 53-2a-502, or another individual who has been trained in peer support skills; and
(b) designated by the chief executive of an emergency medical service agency or the chief of a rescue unit as a member of an emergency medical service provider's peer support team or as a member of a rescue unit's peer support team.
(4) "Law enforcement or firefighter peer support team member" means an individual who is:
(a) a peace officer, dispatcher as defined in Section 53-6-102, civilian employee, or volunteer member of a law enforcement agency, a regular or volunteer member of a fire department, or another individual who has been trained in peer support skills; and
(b) designated by the commissioner of the Department of Public Safety, the executive director of the Department of Corrections, a sheriff, a police chief, a dispatch executive director, or a fire chief as a member of a law enforcement agency's peer support team or a fire department's peer support team.
(5) "Public Safety answering point peer support team member" means an individual who is:
(a) employed by a public safety answering point as defined in Section 63H-7a-103; and
(b) designated by the chief executive of a public safety answering point as a member of a public safety answering point's peer support team.
(6) "Trained" means a person who has successfully completed a peer support training program approved by the Peace Officer Standards and Training Division, the State Fire Marshal's Office, or the Department of Health and Human Services, as applicable.
Amended by Chapter 19, 2023 General Session
Amended by Chapter 310, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 9 - Public Safety Peer Counseling and Behavioral Emergency Services Technicians › Section 903 - Creation -- Training -- Communications -- Exclusions.

Effective 3/1/2023
78B-5-903.
Creation -- Training -- Communications -- Exclusions.
(1) A law enforcement agency, fire department, emergency medical service agency, rescue unit, or public safety answering point:
(a) may create a peer support team; and
(b) if a peer support team is created, shall develop guidelines for the peer support team and its members.
(2) A peer support team member shall complete a peer support training program approved by the Peace Officer Standards and Training Division, the State Fire Marshal's Office, or the Department of Health and Human Services, as applicable.
(3) In accordance with the Utah Rules of Evidence, a peer support team member may refuse to disclose communications made by an individual participating in peer support services, including group therapy sessions.
(4) Subsection (3) applies only to communications made during individual interactions conducted by a peer support team member who is:
(a) acting in the member's capacity as:
(i) a law enforcement or firefighter peer support team member;
(ii) an emergency medical service provider or rescue unit peer support team member; or
(iii) a public safety answering point peer support team member; and
(b) functioning within the written peer support guidelines that are in effect for the member's respective law enforcement agency, fire department, emergency medical service agency, rescue unit, or public safety answering point.
(5) This part does not apply if:
(a) a peer support team member was a witness or a party to the incident that prompted the delivery of peer support services;
(b) information received by a peer support team member is indicative of actual or suspected child abuse, or actual or suspected child neglect;
(c) the individual receiving peer support is a clear and immediate danger to the individual's self or others;
(d) communication to a peer support team member establishes reasonable cause for the peer support team member to believe that the individual receiving peer support services is mentally or emotionally unfit for duty; or
(e) communication to the peer support team member provides evidence that the individual who is receiving the peer support services has committed a crime, plans to commit a crime, or intends to conceal a crime.
Amended by Chapter 19, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 9 - Public Safety Peer Counseling and Behavioral Emergency Services Technicians › Section 904 - Exclusions for certain communications.

Effective 5/3/2023
Superseded 7/1/2024
78B-5-904.
Exclusions for certain communications.
In accordance with the Utah Rules of Evidence, a behavioral emergency services technician may refuse to disclose communications made by an individual during the delivery of behavioral emergency services as defined in Section 26B-4-101.
Amended by Chapter 330, 2023 General Session