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2023 Utah Code › Title 78B - Judicial Code › Chapter 10 - Utah Uniform Mediation Act › Section 113 - Uniformity of application and construction.

78B-10-113.
Uniformity of application and construction.
In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10 - Utah Uniform Mediation Act › Section 114 - Application to existing agreements or referrals.

78B-10-114.
Application to existing agreements or referrals.
(1) This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after May 1, 2006.
(2) Notwithstanding Subsection (1), on or after May 1, 2007, this chapter governs all agreements to mediate whenever made.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10a - Tort Arbitration › Section 102 - General provisions -- Filing -- Notice -- Limits.

78B-10a-102.
General provisions -- Filing -- Notice -- Limits.
(1) Except for bodily injury cases involving a motor vehicle as described in Sections 31A-22-303, 31A-22-305, and 31A-22-305.3, medical malpractice cases as described in Section 78B-3-401, and governmental claims described in Section 63G-7-401, any party to an action for personal injury or property damage as a result of tortious conduct may elect to submit all bodily injury claims and property damage claims to arbitration by filing a notice of the submission of the claim to binding arbitration in a district court if:
(a) the claimant or the claimant's representative has:
(i) previously and timely filed a complaint in a district court that includes a claim for bodily injury or property damage, or both; and
(ii) filed a notice to submit the claim to arbitration within 14 days after the complaint is answered; and
(b) the notice required under Subsection (1)(a)(ii) is filed while the action under Subsection (1)(a)(i) is still pending.
(2) All parties shall respond within 30 days to the notice either agreeing or refusing to agree to arbitration. If a party does not respond, it is considered a refusal.
(a) If all parties agree to arbitration, the arbitration shall proceed in accordance with this chapter.
(b) If the parties do not agree to arbitration, the action shall proceed to trial. The request for arbitration may not be revealed during a trial or while a damage award is being deliberated.
(3) If the parties agree to submit a bodily injury or property damage claim to arbitration under Subsection (1), the party initially requesting arbitration or the party's representative is limited to an arbitration award not to exceed $50,000.
Enacted by Chapter 197, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10a - Tort Arbitration › Section 103 - Punitive damages.

78B-10a-103.
Punitive damages.
A claim for punitive damages may not be made in an arbitration proceeding in accordance with this chapter or any subsequent proceeding, even if the claim is later resolved through a trial de novo in accordance with Section 78B-10a-108.
Enacted by Chapter 197, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10a - Tort Arbitration › Section 104 - Rescission -- Discovery.

78B-10a-104.
Rescission -- Discovery.
(1)
(a) Any party who has agreed to arbitration in accordance with this chapter may rescind the agreement if the rescission is made within:
(i) 90 days after the agreement to arbitrate; and
(ii) not less than 30 days before any scheduled arbitration hearing.
(b) A person seeking to rescind an agreement to arbitrate in accordance with this chapter shall:
(i) file a notice of the rescission of the agreement to arbitrate with the district court where the matter was filed; and
(ii) send copies of the notice of the rescission of the agreement to arbitrate to all counsel of record in the action.
(c) All discovery completed in anticipation of the arbitration hearing shall be available for use by the parties as allowed by the Utah Rules of Civil Procedure and Utah Rules of Evidence.
(d) A party who has agreed to arbitrate in accordance with this chapter and then rescinded the agreement to arbitrate may not subsequently request to arbitrate the claim again.
(2)
(a) Unless otherwise agreed to by the parties or by order of the court, an arbitration process agreed to in accordance with this chapter is subject to Rule 26, Utah Rules of Civil Procedure.
(b) Unless otherwise agreed to by the parties or ordered by the court, discovery shall be completed within 150 days after the date arbitration is elected in accordance with this chapter or the date the answer is filed, whichever is longer.
Enacted by Chapter 197, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10a - Tort Arbitration › Section 105 - Selection of arbitrator or panel -- Costs.

78B-10a-105.
Selection of arbitrator or panel -- Costs.
(1)
(a) Unless otherwise agreed to in writing by the parties, a claim submitted to arbitration shall be resolved by a single arbitrator.
(b) Unless otherwise agreed to by the parties or ordered by the court, all parties shall agree on a single arbitrator within 90 days of the answer of the defendant.
(c) If the parties are unable to agree on a single arbitrator as required by Subsection (1)(b), a panel of three arbitrators shall be selected in accordance with Subsection (1)(d).
(d) If a panel of three arbitrators is selected:
(i) each side shall select one arbitrator; and
(ii) the arbitrators appointed under Subsection (1)(d)(i) shall jointly select one additional arbitrator to be included on the panel.
(2) Unless otherwise agreed to in writing:
(a) each party shall pay an equal share of the fees and costs of the arbitrator selected under Subsection (1)(a); and
(b) if an arbitration panel is selected under Subsection (1)(d), each party shall pay:
(i) the fees and costs of the arbitrator selected by that party's side; and
(ii) an equal share of the fees and costs of the arbitrator selected under Subsection (1)(d)(ii).
Enacted by Chapter 197, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10a - Tort Arbitration › Section 106 - Governing provisions.

78B-10a-106.
Governing provisions.
(1) Except as otherwise provided in this chapter and unless otherwise agreed to in writing by the parties, an arbitration proceeding conducted in accordance with this chapter shall be governed by Title 78B, Chapter 11, Utah Uniform Arbitration Act.
(2)
(a) Subject to the provisions of this chapter, the Utah Rules of Civil Procedure and Utah Rules of Evidence apply to arbitration proceedings.
(b) The Utah Rules of Civil Procedure and the Utah Rules of Evidence shall be applied with the intent of concluding the claim in a timely and cost-efficient manner.
(c) Discovery shall be conducted in accordance with Rules 26 through 37 of the Utah Rules of Civil Procedure and shall be subject to the jurisdiction of the district court in which the matter is filed.
(d) Dispositive motions shall be filed, heard, and decided by the district court prior to the arbitration proceeding in accordance with the court's scheduling order.
Enacted by Chapter 197, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10a - Tort Arbitration › Section 107 - Decision -- Award -- Court action.

78B-10a-107.
Decision -- Award -- Court action.
(1) A written decision by a single arbitrator or by a majority of the arbitration panel shall constitute a final decision.
(2) An arbitration award issued in accordance with this chapter shall be the final resolution of all property damage or bodily injury claims between the parties and may be reduced to judgment by the court upon motion and notice unless:
(a) either party, within 20 days after service of the arbitration award:
(i) files a notice requesting a trial de novo in the district court; and
(ii) serves the nonmoving party with a copy of the notice requesting a trial de novo; or
(b) the arbitration award has been satisfied.
Enacted by Chapter 197, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10a - Tort Arbitration › Section 108 - Trial de novo.

78B-10a-108.
Trial de novo.
(1)
(a) Upon filing a notice requesting a trial de novo in accordance with Subsection 78B-10a-107(2):
(i) unless otherwise stipulated to by the parties or ordered by the court, an additional 90 days shall be allowed for further discovery;
(ii) the additional discovery time under Subsection (1)(a)(i) shall run from the notice of the request for a trial de novo; and
(iii) the claim shall proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules of Evidence in the district court.
(b) In accordance with Rule 38, Utah Rules of Civil Procedure, either party may request a jury trial with a request for trial de novo filed in accordance with Subsection 78B-10a-107(2)(a)(i).
(2)
(a) If the plaintiff, as the moving party in a trial de novo requested under Subsection 78B-10a-107(2), does not obtain a verdict that is at least $5,000 and 30% greater than the arbitration award, the plaintiff is responsible for all of the nonmoving party's costs.
(b) Except as provided in Subsection (2)(c), the costs under Subsection (2)(a) shall include:
(i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
(ii) the costs of expert witnesses and depositions.
(c) An award of costs under this Subsection (2) may not exceed $6,000.
(3)
(a) If a defendant, as the moving party in a trial de novo requested in accordance with Subsection 78B-10a-107(2), does not obtain a verdict that is at least 30% less than the arbitration award, the defendant is responsible for all of the nonmoving party's costs.
(b) Except as provided in Subsection (3)(c), the costs under Subsection (3)(a) shall include:
(i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
(ii) the costs of expert witnesses and depositions.
(c) An award of costs in accordance with this Subsection (3) may not exceed $6,000.
(4) For purposes of determining whether a party's verdict is greater or less than the arbitration award under Subsections (2) and (3), a court may not consider any recovery or other relief granted on a claim for damages if the claim for damages:
(a) was not fully disclosed in writing prior to the arbitration proceeding; or
(b) was not disclosed in response to discovery contrary to the Utah Rules of Civil Procedure.
(5) If a district court determines, upon a motion of the nonmoving party, that the moving party's use of the trial de novo process was filed in bad faith as defined in Section 78B-5-825, the district court may award reasonable attorney fees to the nonmoving party.
(6)
(a) If a defendant requests a trial de novo under Subsection 78B-10a-107(2), the total verdict at trial may not exceed $15,000 above any available limits of insurance coverage and the total verdict may not exceed $65,000.
(b) If a plaintiff requests a trial de novo under Subsection 78B-10a-107(2), the verdict at trial may not exceed $50,000.
Enacted by Chapter 197, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 10a - Tort Arbitration › Section 109 - Interest.

78B-10a-109.
Interest.
All arbitration awards issued in accordance with this chapter shall bear prejudgment interest pursuant to Sections 15-1-1 and 78B-5-824, and postjudgment interest pursuant to Section 15-1-4.
Enacted by Chapter 197, 2011 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 102 - Definitions.

78B-11-102.
Definitions.
As used in this chapter:
(1) "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator.
(2) "Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.
(3) "Court" means a court of competent jurisdiction in this state.
(4) "Knowledge" means actual knowledge.
(5) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
(6) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 103 - Notice.

78B-11-103.
Notice.
(1) Except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.
(2) A person has notice if the person has knowledge of the notice or has received notice.
(3) A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 104 - Application.

78B-11-104.
Application.
(1) This chapter applies to any agreement to arbitrate made on or after May 6, 2002.
(2) This chapter applies to any agreement to arbitrate made before May 6, 2002, if all the parties to the agreement or to the arbitration proceeding agree on the record.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 105 - Effect of agreement to arbitrate -- Nonwaivable provisions.

78B-11-105.
Effect of agreement to arbitrate -- Nonwaivable provisions.
(1) Except as otherwise provided in Subsections (2) and (3), a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this chapter to the extent permitted by law.
(2) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:
(a) waive or agree to vary the effect of the requirements of Subsection 78B-11-106(1), 78B-11-107(1), 78B-11-118(1) or (2), or Section 78B-11-109, 78B-11-127, or 78B-11-129;
(b) agree to unreasonably restrict the right under Section 78B-11-110 to notice of the initiation of an arbitration proceeding;
(c) agree to unreasonably restrict the right under Section 78B-11-113 to disclosure of any facts by a neutral arbitrator; or
(d) waive the right under Section 78B-11-117 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this chapter, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
(3) A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or Sections 78B-11-108, 78B-11-115, 78B-11-119, 78B-11-123 through 78B-11-125, 78B-11-130, Subsection 78B-11-104(1), 78B-11-121(3) or (4), or 78B-11-126(1) or (2).
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 106 - Application for judicial relief.

78B-11-106.
Application for judicial relief.
(1) Except as otherwise provided in Section 78B-11-129, an application for judicial relief under this chapter shall be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions.
(2) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under this chapter shall be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by law or rule of court for serving motions in pending cases.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 107 - Validity of agreement to arbitrate.

78B-11-107.
Validity of agreement to arbitrate.
(1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.
(2) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
(3) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
(4) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 108 - Motion to compel arbitration.

78B-11-108.
Motion to compel arbitration.
(1) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement:
(a) if the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and
(b) if the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.
(2) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.
(3) If the court finds that there is no enforceable agreement, it may not, pursuant to Subsection (1) or (2), order the parties to arbitrate.
(4) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
(5) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise a motion under this section may be made in any court as provided in Section 78B-11-128.
(6) If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.
(7) If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 109 - Provisional remedies.

78B-11-109.
Provisional remedies.
(1) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.
(2) After an arbitrator is appointed and is authorized and able to act:
(a) the arbitrator may issue orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and
(b) a party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.
(3) A party does not waive a right of arbitration by making a motion under Subsection (1) or (2).
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 110 - Initiation of arbitration.

78B-11-110.
Initiation of arbitration.
(1) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought.
(2) Unless a person objects for lack or insufficiency of notice under Subsection 78B-11-116(3) not later than the beginning of the arbitration hearing, the person, by appearing at the hearing, waives any objection to lack of or insufficiency of notice.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 111 - Consolidation of separate arbitration proceedings.

78B-11-111.
Consolidation of separate arbitration proceedings.
(1) Except as otherwise provided in Subsection (3), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:
(a) there are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;
(b) the claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
(c) the existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and
(d) prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.
(2) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.
(3) The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 112 - Appointment of arbitrator -- Service as a neutral arbitrator.

78B-11-112.
Appointment of arbitrator -- Service as a neutral arbitrator.
(1) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator appointed by the court has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.
(2) An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 113 - Disclosure by arbitrator.

78B-11-113.
Disclosure by arbitrator.
(1) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:
(a) a financial or personal interest in the outcome of the arbitration proceeding; and
(b) an existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness, or another arbitrator.
(2) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment which a reasonable person would consider likely to affect the impartiality of the arbitrator.
(3) If an arbitrator discloses a fact required by Subsection (1) or (2) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under Subsection 78B-11-124(1)(b) for vacating an award made by the arbitrator.
(4) If the arbitrator did not disclose a fact as required by Subsection (1) or (2), upon timely objection by a party, the court under Subsection 78B-11-124(1)(b) may vacate an award.
(5) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party is presumed to act with evident partiality under Subsection 78B-11-124(1)(b).
(6) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under Subsection 78B-11-124(1)(b).
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 114 - Action by majority.

78B-11-114.
Action by majority.
If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under Subsection 78B-11-116(3).
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 115 - Immunity of arbitrator -- Competency to testify -- Attorney fees and costs.

78B-11-115.
Immunity of arbitrator -- Competency to testify -- Attorney fees and costs.
(1) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.
(2) The immunity afforded by this section supplements any immunity under other law.
(3) The failure of an arbitrator to make a disclosure required by Section 78B-11-113 does not cause any loss of immunity under this section.
(4) In a judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and may not be required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This Subsection (4) does not apply:
(a) to the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or
(b) to a hearing on a motion to vacate an award under Subsection 78B-11-124(1)(a) or (b) if the movant establishes prima facie evidence that a ground for vacating the award exists.
(5) If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of Subsection (4), and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization, or representative reasonable attorney fees and other reasonable expenses of litigation.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 116 - Arbitration process.

78B-11-116.
Arbitration process.
(1) An arbitrator may conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality, and weight of any evidence.
(2) An arbitrator may decide a request for summary disposition of a claim or particular issue:
(a) if all interested parties agree; or
(b) upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding, and the other parties have a reasonable opportunity to respond.
(3) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.
(4) At a hearing under Subsection (3), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
(5) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with Section 78B-11-112 to continue the proceeding and to resolve the controversy.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 119 - Judicial enforcement of preaward ruling by arbitrator.

78B-11-119.
Judicial enforcement of preaward ruling by arbitrator.
If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under Section 78B-11-120. A prevailing party may make a motion to the court for an expedited order to confirm the award under Section 78B-11-123, in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award under Section 78B-11-124 or 78B-11-125.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 120 - Award.

78B-11-120.
Award.
(1) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
(2) An award must be made within the time specified by the agreement to arbitrate or, if not specified in the agreement, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree on the record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 121 - Change of award by arbitrator.

Effective 9/1/2021
78B-11-121.
Change of award by arbitrator.
(1) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:
(a) on any grounds stated in Subsection 78B-11-125(1)(a) or (c);
(b) if the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(c) to clarify the award.
(2) A motion under Subsection (1) must be made and notice given to all parties within 20 days after the movant receives notice of the award.
(3) A party to the arbitration proceeding must give notice of any objection to the motion within 10 days after receipt of the notice.
(4) If a motion to the court is pending under Section 78B-11-123, 78B-11-124, or 78B-11-125, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
(a) on any grounds stated in Subsection 78B-11-125(1)(a) or (c);
(b) if the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(c) to clarify the award.
(5) An award modified or corrected pursuant to this section is subject to Sections 78A-6-357, 78B-11-123, 78B-11-124, and 78B-11-125.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 122 - Remedies -- Fees and expenses of arbitration proceeding.

78B-11-122.
Remedies -- Fees and expenses of arbitration proceeding.
(1) An arbitrator may award punitive damages or other exemplary relief if the award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.
(2) An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration if the award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
(3) As to all remedies other than those authorized by Subsections (1) and (2), an arbitrator may order any remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under Section 78B-11-123 or for vacating an award under Section 78B-11-124.
(4) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.
(5) If an arbitrator awards punitive damages or other exemplary relief under Subsection (1), the arbitrator shall specify in the award the basis in fact justifying, and the basis in law authorizing, the award and state separately the amount of the punitive damages or other exemplary relief.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 123 - Confirmation of award.

78B-11-123.
Confirmation of award.
After a party to an arbitration proceeding receives notice of an award in a matter not pending before a court, the party may petition the court for an order confirming the award. If the notice of award is in a matter pending before the court, the party may file a motion for an order confirming the award. The court shall issue a confirming order unless the award is modified or corrected pursuant to Section 78B-11-121 or 78B-11-125 or is vacated pursuant to Section 78B-11-124.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 124 - Vacating an award.

78B-11-124.
Vacating an award.
(1) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:
(a) the award was procured by corruption, fraud, or other undue means;
(b) there was:
(i) evident partiality by an arbitrator appointed as a neutral arbitrator;
(ii) corruption by an arbitrator; or
(iii) misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
(c) an arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to Section 78B-11-116, so as to substantially prejudice the rights of a party to the arbitration proceeding;
(d) an arbitrator exceeded the arbitrator's authority;
(e) there was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising an objection under Subsection 78B-11-116(3) not later than the beginning of the arbitration hearing; or
(f) the arbitration was conducted without proper notice of the initiation of an arbitration as required in Section 78B-11-110 so as to substantially prejudice the rights of a party to the arbitration proceeding.
(2) A motion under this section must be filed within 90 days after the movant receives notice of the award pursuant to Section 78B-11-120 or within 90 days after the movant receives notice of a modified or corrected award pursuant to Section 78B-11-121, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within 90 days after the ground is known or by the exercise of reasonable care would have been known by the movant.
(3) If the court vacates an award on a ground other than that set forth in Subsection (1)(e), it may order a rehearing. If the award is vacated on a ground stated in Subsection (1)(a) or (b), the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in Subsection (1)(c), (d), or (f), the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in Subsection 78B-11-120(2) for an award.
(4) If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 125 - Modification or correction of award.

78B-11-125.
Modification or correction of award.
(1) Upon motion made within 90 days after the movant receives notice of the award pursuant to Section 78B-11-120 or within 90 days after the movant receives notice of a modified or corrected award pursuant to Section 78B-11-121, the court shall modify or correct the award if:
(a) there was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;
(b) the arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or
(c) the award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
(2) If a motion made under Subsection (1) is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.
(3) A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 126 - Judgment on award -- Attorney fees and litigation expenses.

78B-11-126.
Judgment on award -- Attorney fees and litigation expenses.
(1) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment conforming to the award. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action.
(2) A court may allow reasonable costs of the motion and subsequent judicial proceedings.
(3) On application of a prevailing party to a contested judicial proceeding under Section 78B-11-123, 78B-11-124, or 78B-11-125, the court may add reasonable attorney fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 127 - Jurisdiction.

78B-11-127.
Jurisdiction.
(1) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.
(2) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under this chapter.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 128 - Venue.

78B-11-128.
Venue.
A motion pursuant to Section 78B-11-106 must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion may be made in the court of any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, in the court of any county in this state. All subsequent motions must be made in the court hearing the initial motion unless the court otherwise directs.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 129 - Appeals.

78B-11-129.
Appeals.
(1) An appeal may be taken from:
(a) an order denying a motion to compel arbitration;
(b) an order granting a motion to stay arbitration;
(c) an order confirming or denying confirmation of an award;
(d) an order modifying or correcting an award;
(e) an order vacating an award without directing a rehearing; or
(f) a final judgment entered pursuant to this chapter.
(2) An appeal under this section must be taken as from an order or a judgment in a civil action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 130 - Electronic Signatures in Global and National Commerce Act.

78B-11-130.
Electronic Signatures in Global and National Commerce Act.
The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464, and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 11 - Utah Uniform Arbitration Act › Section 131 - Effect of chapter on prior agreements or proceedings.

78B-11-131.
Effect of chapter on prior agreements or proceedings.
This act does not affect an action or proceeding commenced or right accrued before this chapter takes effect. Subject to Section 78B-11-104 of this chapter, an arbitration agreement made before May 6, 2002 shall be governed by the arbitration act in force on the date the agreement was signed.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 1 - General Provisions › Section 105 - Duty of parents.

78B-12-105.
Duty of parents.
(1) Every child is presumed to be in need of the support of the child's mother and father. Every mother and father shall support their children.
(2) Except as limited in a court order under Section 30-3-5, 30-4-3, or 78B-12-212:
(a) The expenses incurred on behalf of a minor child for reasonable and necessary medical and dental expenses, and other necessities are chargeable upon the property of both parents, regardless of the marital status of the parents.
(b) Either or both parents may be sued by a creditor for the expenses described in Subsection (2)(a) incurred on behalf of minor children.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 12 - Utah Child Support Act › Part 1 - General Provisions › Section 105.1 - Duty of biological father to share pregnancy expenses.

Effective 5/5/2021
78B-12-105.1.
Duty of biological father to share pregnancy expenses.
(1) Except as otherwise provided in this section, a biological father of a child has a duty to pay 50% of the mother's pregnancy expenses.
(2)
(a) If paternity is disputed, a biological father owes no duty under this section until the biological father's paternity is established.
(b) Once paternity is established, the biological father is subject to Subsection (1).
(3)
(a) Any portion of a mother's pregnancy expenses paid by the mother or the biological father reduces that parent's 50% share under Subsection (1), not the total amount of pregnancy expenses.
(b) Subsection (3)(a) applies regardless of when the mother or biological father pays the pregnancy expense.
(4) If a mother receives an abortion, as defined in Section 76-7-301, without the biological father's consent, the biological father owes no duty under this section, unless:
(a) the abortion is necessary to avert the death of the mother; or
(b) the mother was pregnant as a result of:
(i) rape, as described in Section 76-5-402;
(ii) rape of a child, as described in Section 76-5-402.1; or
(iii) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102.
(5) Subsection (1) does not apply if a court apportions pregnancy expenses under Section 30-3-5.
(6) A person may seek payment under Subsection (1) in accordance with Section 78B-12-113.
(7) Nothing in this section or Section 78B-12-212.1 requires a person to separately bill a biological father for pregnancy expenses.
Enacted by Chapter 111, 2021 General Session