reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 7 - Assisted Reproduction › Section 703 - Husband's paternity of child of assisted reproduction.

78B-15-703.
Husband's paternity of child of assisted reproduction.
If a husband provides sperm for, or consents to, assisted reproduction by his wife as provided in Section 78B-15-704, he is the father of a resulting child born to his wife.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 7 - Assisted Reproduction › Section 704 - Consent to assisted reproduction.

78B-15-704.
Consent to assisted reproduction.
(1) A consent to assisted reproduction by a married woman must be in a record signed by the woman and her husband. This requirement does not apply to the donation of eggs for assisted reproduction by another woman.
(2) Failure of the husband to sign a consent required by Subsection (1), before or after the birth of the child, does not preclude a finding that the husband is the father of a child born to his wife if the wife and husband openly treat the child as their own.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 7 - Assisted Reproduction › Section 705 - Limitation on husband's dispute of paternity.

78B-15-705.
Limitation on husband's dispute of paternity.
(1) Except as otherwise provided in Subsection (2), the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:
(a) within two years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and
(b) the tribunal finds that he did not consent to the assisted reproduction, before or after the birth of the child.
(2) A proceeding to adjudicate paternity may be maintained at any time if the tribunal determines that:
(a) the husband did not provide sperm for, or before or after the birth of the child consent to, assisted reproduction by his wife;
(b) the husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and
(c) the husband never openly treated the child as his own.
(3) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 7 - Assisted Reproduction › Section 706 - Effect of dissolution of marriage.

78B-15-706.
Effect of dissolution of marriage.
(1) If a marriage is dissolved before placement of eggs, sperm, or an embryo, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.
(2) The consent of the former spouse to assisted reproduction may be revoked by that individual in a record at any time before placement of eggs, sperm, or embryos.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 7 - Assisted Reproduction › Section 707 - Parental status of deceased spouse.

78B-15-707.
Parental status of deceased spouse.
If a spouse dies before placement of eggs, sperm, or an embryo, the deceased spouse is not a parent of the resulting child unless the deceased spouse consented in a record that if assisted reproduction were to occur after death, the deceased spouse would be a parent of the child.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 7 - Assisted Reproduction › Section 708 - Access to identifying information and medical history.

Effective 5/12/2015
78B-15-708.
Access to identifying information and medical history.
(1) A person conceived through assisted reproduction who is at least 18 years of age shall be provided, upon the person's request, access to the nonidentifying medical history of the donor who assisted in the reproduction process that resulted in the person's birth.
(2) Under no circumstance may a person who donated to a fertility clinic for the purpose of assisted reproduction be liable for financial support to the child conceived through assisted reproduction or the child's parent.
(3) Except as provided in this section, a donor's request to remain anonymous shall be given full deference.
Enacted by Chapter 159, 2015 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 8 - Gestational Agreement › Section 801 - Gestational agreement authorized.

78B-15-801.
Gestational agreement authorized.
(1) A prospective gestational mother, her husband if she is married, a donor or the donors, and the intended parents may enter into a written agreement providing that:
(a) the prospective gestational mother agrees to pregnancy by means of assisted reproduction;
(b) the prospective gestational mother, her husband if she is married, and the donors relinquish all rights and duties as the parents of a child conceived through assisted reproduction; and
(c) the intended parents become the parents of the child.
(2) The intended gestational mother may not currently be receiving Medicaid or any other state assistance.
(3) The intended parents shall be married, and both spouses must be parties to the gestational agreement.
(4) A gestational agreement is enforceable only if validated as provided in Section 78B-15-803.
(5) A gestational agreement does not apply to the birth of a child conceived by means of sexual intercourse or if neither intended parent is a donor.
(6) The parties to a gestational agreement shall be 21 years of age or older.
(7) The gestational mother's eggs may not be used in the assisted reproduction procedure.
(8) If the gestational mother is married, her husband's sperm may not be used in the assisted reproduction procedure.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 8 - Gestational Agreement › Section 802 - Requirements of petition.

78B-15-802.
Requirements of petition.
(1) The intended parents and the prospective gestational mother may file a petition in the district tribunal to validate a gestational agreement.
(2) A petition to validate a gestational agreement may not be maintained unless either the mother or intended parents have been residents of this state for at least 90 days.
(3) The prospective gestational mother's husband, if she is married, must join in the petition.
(4) A copy of the gestational agreement must be attached to the petition.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 8 - Gestational Agreement › Section 803 - Hearing to validate gestational agreement.

Effective 5/12/2020
78B-15-803.
Hearing to validate gestational agreement.
(1) If the requirements of Subsection (2) are satisfied, a tribunal may issue an order validating the gestational agreement and declaring that the intended parents will be the parents of a child born during the term of the agreement.
(2) The tribunal may issue an order under Subsection (1) only on finding that:
(a) the residence requirements of Section 78B-15-802 have been satisfied and the parties have submitted to the jurisdiction of the tribunal under the jurisdictional standards of this part;
(b) unless waived by the tribunal, a home study of the intended parents has been conducted in accordance with Sections 78B-6-128 through 78B-6-131, and the intended parents meet the standards of fitness applicable to adoptive parents;
(c) all parties have participated in counseling with a licensed mental health professional as evidenced by a certificate:
(i) signed by the licensed mental health professional that affirms that all parties have discussed options and consequences of the agreement; and
(ii) presented to the tribunal;
(d) all parties have voluntarily entered into the agreement and understand the agreement's terms;
(e) the prospective gestational mother has had at least one pregnancy and delivery and her bearing another child will not pose an unreasonable health risk to the unborn child or to the physical or mental health of the prospective gestational mother;
(f) adequate provision has been made for all reasonable health-care expense associated with the gestational agreement until the birth of the child, including responsibility for all reasonable health-care expense if the agreement is terminated;
(g) the consideration, if any, paid to the prospective gestational mother is reasonable;
(h) all the parties to the agreement are 21 years old or older;
(i) the gestational mother's eggs are not being used in the assisted reproduction procedure; and
(j) if the gestational mother is married, her husband's sperm is not being used in the assisted reproduction procedure.
(3) Whether to validate a gestational agreement is within the discretion of the tribunal, subject only to review for abuse of discretion.
Amended by Chapter 101, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 8 - Gestational Agreement › Section 804 - Inspection of records.

78B-15-804.
Inspection of records.
The proceedings, records, and identities of the individuals to a gestational agreement under this part are subject to inspection under the confidentiality standards applicable to adoptions as provided under other laws of this state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 8 - Gestational Agreement › Section 805 - Exclusive, continuing jurisdiction.

78B-15-805.
Exclusive, continuing jurisdiction.
Subject to the jurisdictional standards of Section 78B-13-201, the tribunal conducting a proceeding under this part has exclusive, continuing jurisdiction of all matters arising out of the gestational agreement until a child born to the gestational mother during the period governed by the agreement attains the age of 180 days.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 8 - Gestational Agreement › Section 806 - Termination of gestational agreement.

78B-15-806.
Termination of gestational agreement.
(1) After issuance of an order under this part, but before the prospective gestational mother becomes pregnant by means of assisted reproduction, the prospective gestational mother, her husband, or either of the intended parents may terminate the gestational agreement only by giving written notice of termination to all other parties.
(2) The tribunal for good cause shown also may terminate the gestational agreement.
(3) An individual who terminates an agreement shall file notice of the termination with the tribunal. On receipt of the notice, the tribunal shall vacate the order issued under this part. An individual who does not notify the tribunal of the termination of the agreement is subject to appropriate sanctions.
(4) Neither a prospective gestational mother nor her husband, if any, is liable to the intended parents for terminating an agreement pursuant to this section.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 8 - Gestational Agreement › Section 807 - Parentage under validated gestational agreement.

78B-15-807.
Parentage under validated gestational agreement.
(1) Upon birth of a child to a gestational mother, the intended parents shall file notice with the tribunal that a child has been born to the gestational mother within 300 days after assisted reproduction. Thereupon, the tribunal shall issue an order:
(a) confirming that the intended parents are the parents of the child;
(b) if necessary, ordering that the child be surrendered to the intended parents; and
(c) directing the Office of Vital Records to issue a birth certificate naming the intended parents as parents of the child.
(2) If the parentage of a child born to the gestational mother is in dispute as not the result of an assisted reproduction, the tribunal shall order genetic testing to determine the parentage of the child.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 8 - Gestational Agreement › Section 808 - Gestational agreement -- Miscellaneous provisions.

78B-15-808.
Gestational agreement -- Miscellaneous provisions.
(1) A gestational agreement may provide for payment of consideration.
(2) A gestational agreement may not limit the right of the gestational mother to make decisions to safeguard her health or that of the embryo or fetus.
(3) After the issuance of an order under this part, subsequent marriage of the gestational mother does not affect the validity of a gestational agreement, and her husband's consent to the agreement is not required, nor is her husband a presumed father of the resulting child.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 8 - Gestational Agreement › Section 809 - Effect of nonvalidated gestational agreement.

78B-15-809.
Effect of nonvalidated gestational agreement.
(1) A gestational agreement, whether in a record or not, which is not validated by a tribunal is not enforceable.
(2) If a birth results under a gestational agreement that is not judicially validated as provided in this part, the parent-child relationship is determined as provided in Part 2, Parent and Child Relationship.
(3) The individuals who are parties to a nonvalidated gestational agreement as intended parents may be held liable for support of the resulting child, even if the agreement is otherwise unenforceable. The liability under this Subsection (3) includes assessing all expenses and fees as provided in Section 78B-15-622.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 9 - Miscellaneous › Section 901 - Uniformity of application and construction.

78B-15-901.
Uniformity of application and construction.
This chapter is a uniform law. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 15 - Utah Uniform Parentage Act › Part 9 - Miscellaneous › Section 902 - Transitional provision.

78B-15-902.
Transitional provision.
A proceeding to adjudicate parentage which was commenced before May 1, 2005 is governed by the law in effect at the time the proceeding was commenced.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 16 - Utah Uniform Child Abduction Prevention Act › Section 102 - Definitions.

78B-16-102.
Definitions.
In this chapter:
(1) "Abduction" means the wrongful removal or wrongful retention of a child.
(2) "Child" means an unemancipated individual who is less than 18 years of age.
(3) "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order.
(4) "Child custody proceeding" means a proceeding in which legal custody, physical custody, visitation, or parent-time with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence.
(5) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.
(6) "Petition" includes a motion or its equivalent.
(7) "Record" means information inscribed on a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form.
(8) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation.
(9) "Travel document" means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. The term does not include a passport or visa.
(10) "Wrongful removal" means the taking of a child that breaches rights of custody, visitation, or parent-time given or recognized under the law of this state.
(11) "Wrongful retention" means the keeping or concealing of a child that breaches rights of custody, visitation, or parent-time given or recognized under the law of this state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 16 - Utah Uniform Child Abduction Prevention Act › Section 103 - Cooperation and communication among courts.

78B-16-103.
Cooperation and communication among courts.
Sections 78B-13-110, 78B-13-111, and 78B-13-112 apply to cooperation and communications among courts in proceedings under this chapter.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 16 - Utah Uniform Child Abduction Prevention Act › Section 104 - Actions for abduction prevention measures.

78B-16-104.
Actions for abduction prevention measures.
(1) A court on its own motion may order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
(2) A party to a child custody determination or another individual or entity having a right under the law of this state or any other state to seek a child custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this chapter.
(3) A prosecutor or public authority designated under Section 78B-13-315 may seek a warrant to take physical custody of a child under Section 78B-16-109 or other appropriate prevention measures.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 16 - Utah Uniform Child Abduction Prevention Act › Section 105 - Jurisdiction.

78B-16-105.
Jurisdiction.
(1) A petition under this chapter may be filed only in a court that has jurisdiction to make a child custody determination with respect to the child at issue under Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act.
(2) A court of this state has temporary emergency jurisdiction under Section 78B-13-204 if the court finds a credible risk of abduction.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 16 - Utah Uniform Child Abduction Prevention Act › Section 106 - Contents of petition.

78B-16-106.
Contents of petition.
(1) A petition under this chapter must be verified and include a copy of any existing child custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in Section 78B-16-107.
(2) Subject to Subsection 78B-13-209(5), if reasonably ascertainable, the petition must contain:
(a) the name, date of birth, and gender of the child;
(b) the customary address and current physical location of the child;
(c) the identity, customary address, and current physical location of the respondent;
(d) a statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action;
(e) a statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case; and
(f) any other information required to be submitted to the court for a child custody determination under Section 78B-13-209.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 16 - Utah Uniform Child Abduction Prevention Act › Section 109 - Warrant to take physical custody of child.

78B-16-109.
Warrant to take physical custody of child.
(1) If a petition under this chapter contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.
(2) The respondent on a petition under Subsection (1) must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
(3) An ex parte warrant under Subsection (1) to take physical custody of a child must:
(a) recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;
(b) direct law enforcement officers to take physical custody of the child immediately;
(c) state the date and time for the hearing on the petition; and
(d) provide for the safe interim placement of the child pending further order of the court.
(4) If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
(5) The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.
(6) A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
(7) If the court finds, after a hearing, that a petitioner sought an ex parte warrant under Subsection (1) for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney fees, costs, and other reasonable expenses and losses arising out of the issuance of the ex parte warrant.
(8) This chapter does not affect the availability of relief allowed under the law of this state other than this chapter.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 16 - Utah Uniform Child Abduction Prevention Act › Section 110 - Duration of abduction prevention order.

78B-16-110.
Duration of abduction prevention order.
An abduction prevention order remains in effect until the earliest of:
(1) the time stated in the order;
(2) the emancipation of the child;
(3) the child's attaining 18 years of age; or
(4) the time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under Sections 78B-13-201 through 78B-13-203.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 16 - Utah Uniform Child Abduction Prevention Act › Section 111 - Uniformity of application and construction.

78B-16-111.
Uniformity of application and construction.
This chapter is a uniform act. In applying and construing it, consideration must 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 16 - Utah Uniform Child Abduction Prevention Act › Section 112 - Relation to electronic signatures in global and national commerce act.

78B-16-112.
Relation to electronic signatures in global and national commerce act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of the act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 17 - Utah Uniform Interstate Depositions and Discovery Act › Part 1 - General Provisions › Section 102 - Definitions.

78B-17-102.
Definitions.
As used in this chapter:
(1) "Foreign jurisdiction" means a state other than Utah.
(2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.
(3) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(5) "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to:
(a) attend and give testimony at a deposition;
(b) produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
(c) permit inspection of premises under the control of the person.
Enacted by Chapter 278, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 17 - Utah Uniform Interstate Depositions and Discovery Act › Part 1 - General Provisions › Section 103 - Scope -- Unauthorized practice of law prohibited -- Reciprocity required.

78B-17-103.
Scope -- Unauthorized practice of law prohibited -- Reciprocity required.
(1) Except as provided in Subsection (3), this chapter applies only to issuance, service, and enforcement of subpoenas as provided in this chapter.
(2) Except as provided in Subsection 78B-17-201(1)(b), nothing in this chapter may be construed to exempt an attorney from another state from complying with statutes and rules governing unauthorized practice of law or from the requirements contained in the Utah Rules of Civil Procedure governing limited appearance.
(3) Parties resident in another state may use the provisions of this chapter for issuance, service, or enforcement of subpoenas only if the other state has enacted this uniform act or enacted provisions substantially similar to this uniform act.
Enacted by Chapter 278, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 17 - Utah Uniform Interstate Depositions and Discovery Act › Part 2 - Process for Issuance and Service of a Subpoena by a Party in Another State › Section 201 - Issuance of subpoena.

78B-17-201.
Issuance of subpoena.
(1)
(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a court in the judicial district in which discovery is sought to be conducted in Utah.
(b) A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of this state.
(2) When a party submits a foreign subpoena to a clerk of court in Utah, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed.
(3) A subpoena under Subsection (2) must:
(a) incorporate the terms used in the foreign subpoena; and
(b) contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
Enacted by Chapter 278, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 17 - Utah Uniform Interstate Depositions and Discovery Act › Part 2 - Process for Issuance and Service of a Subpoena by a Party in Another State › Section 202 - Service of subpoena.

78B-17-202.
Service of subpoena.
A subpoena issued by a clerk of court under Section 78B-17-201 must be served in compliance with Rule 4 and Rule 5, Utah Rules of Civil Procedure.
Enacted by Chapter 278, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 17 - Utah Uniform Interstate Depositions and Discovery Act › Part 2 - Process for Issuance and Service of a Subpoena by a Party in Another State › Section 203 - Depositions, production, inspection, and contempt remedies for subpoenas.

78B-17-203.
Depositions, production, inspection, and contempt remedies for subpoenas.
Section 78B-6-301 and Utah Rules of Civil Procedure 26 through 37 and 45 apply to subpoenas issued under Section 78B-17-201.
Enacted by Chapter 278, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 17 - Utah Uniform Interstate Depositions and Discovery Act › Part 2 - Process for Issuance and Service of a Subpoena by a Party in Another State › Section 204 - Application to court.

78B-17-204.
Application to court.
An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under Section 78B-17-201 must comply with the rules or statutes of Utah and be submitted to the court in the judicial district in which discovery is to be conducted.
Enacted by Chapter 278, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 17 - Utah Uniform Interstate Depositions and Discovery Act › Part 3 - Uniform Application and Construction - Application to Pending Actions › Section 301 - Uniformity of application and construction.

78B-17-301.
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Enacted by Chapter 278, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 17 - Utah Uniform Interstate Depositions and Discovery Act › Part 3 - Uniform Application and Construction - Application to Pending Actions › Section 302 - Application to pending actions.

78B-17-302.
Application to pending actions.
This chapter applies to requests for discovery in cases pending on May 5, 2008.
Enacted by Chapter 278, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 18a - Uniform Unsworn Declarations Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/8/2018
78B-18a-102.
Definitions.
In this chapter:
(1) "Law" includes a statute, judicial decision or order, rule of court, executive order, and administrative rule, regulation, or order.
(2) "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.
(3) "Sign" means, with present intent to authenticate or adopt a record:
(a) to execute or adopt a tangible symbol; or
(b) to attach to or logically associate with the record an electronic symbol, sound, or process.
(4)
(a) "Sworn declaration" means a declaration in a signed record given under oath.
(b) "Sworn declaration" includes a sworn statement, verification, certificate, and affidavit.
(5) "Unsworn declaration" means a declaration in a signed record not given under oath but given under penalty of Title 76, Chapter 8, Part 5, Falsification in Official Matters.
Enacted by Chapter 298, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 18a - Uniform Unsworn Declarations Act › Part 1 - General Provisions › Section 103 - Applicability.

Effective 5/8/2018
78B-18a-103.
Applicability.
This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located within or outside the boundaries of the United States, whether or not the location is subject to the jurisdiction of the United States.
Enacted by Chapter 298, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 18a - Uniform Unsworn Declarations Act › Part 1 - General Provisions › Section 104 - Validity of unsworn declaration.

Effective 5/8/2018
78B-18a-104.
Validity of unsworn declaration.
(1) Except as otherwise provided in Subsection (2), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.
(2) This chapter does not apply to:
(a) a deposition;
(b) an oath of office;
(c) an oath required to be given before a specified official other than a notary public;
(d) a declaration to be recorded under Title 57, Real Estate; or
(e) an oath required by Section 75-2-504.
Enacted by Chapter 298, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 18a - Uniform Unsworn Declarations Act › Part 1 - General Provisions › Section 105 - Required medium.

Effective 5/8/2018
78B-18a-105.
Required medium.
If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in the same medium.
Enacted by Chapter 298, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 18a - Uniform Unsworn Declarations Act › Part 1 - General Provisions › Section 106 - Form of unsworn declaration.

Effective 5/8/2018
78B-18a-106.
Form of unsworn declaration.
An unsworn declaration under this chapter must be in substantially the following form:
I declare under criminal penalty under the law of Utah that the foregoing is true and correct.
Signed on the ___ day of ______, _____, at ________________________________.
Date Month Year City or other location, and state or country
________________________
Printed name
________________________
Signature
Enacted by Chapter 298, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 18a - Uniform Unsworn Declarations Act › Part 1 - General Provisions › Section 107 - Uniformity of application and construction.

Effective 5/8/2018
78B-18a-107.
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Enacted by Chapter 298, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 18a - Uniform Unsworn Declarations Act › Part 1 - General Provisions › Section 108 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective 5/8/2018
78B-18a-108.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Enacted by Chapter 298, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 19 - Utah Uniform Collaborative Law Act › Section 104 - Collaborative law participation agreement -- Requirements.

78B-19-104.
Collaborative law participation agreement -- Requirements.
(1) A collaborative law participation agreement must:
(a) be in a record;
(b) be signed by the parties;
(c) state the parties' intention to resolve a collaborative matter through a collaborative law process under this chapter;
(d) describe the nature and scope of the matter;
(e) identify the collaborative lawyer who represents each party in the process; and
(f) contain a statement by each collaborative lawyer confirming the lawyer's representation of a party in the collaborative law process.
(2) Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this chapter.
Enacted by Chapter 382, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 19 - Utah Uniform Collaborative Law Act › Section 105 - Beginning and concluding a collaborative law process.

78B-19-105.
Beginning and concluding a collaborative law process.
(1) A collaborative law process begins when the parties sign a collaborative law participation agreement.
(2) A tribunal may not order a party to participate in a collaborative law process over that party's objection.
(3) A collaborative law process is concluded by a:
(a) resolution of a collaborative matter as evidenced by a signed record;
(b) resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or
(c) termination of the process.
(4) A collaborative law process terminates:
(a) when a party gives notice to other parties in a record that the process is ended; or
(b) when a party:
(i) begins a proceeding related to a collaborative matter without the agreement of all parties; or
(ii) in a pending proceeding related to the matter:
(A) initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;
(B) requests that the proceeding be put on the tribunal's calendar; or
(C) takes similar action requiring notice to be sent to the parties; or
(c) except as otherwise provided by Subsection (5), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(5) A party's collaborative lawyer shall give prompt notice to all other parties of a discharge or withdrawal, in accordance with the Rules of Civil Procedure.
(6) A party may terminate a collaborative law process with or without cause.
(7) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by Subsection (4)(c) is sent to the parties:
(a) the unrepresented party engages a successor collaborative lawyer; and
(b) in a signed record:
(i) the parties consent to continue the process by reaffirming the collaborative law participation agreement;
(ii) the agreement is amended to identify the successor collaborative lawyer; and
(iii) the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.
(8) A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.
(9) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
Enacted by Chapter 382, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 19 - Utah Uniform Collaborative Law Act › Section 106 - Proceedings pending before tribunal -- Status report.

78B-19-106.
Proceedings pending before tribunal -- Status report.
(1) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. Parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to Subsection (3) and Sections 78B-19-107 and 78B-19-108, the filing shall include a request for a stay of the proceeding.
(2) Parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes and request the stay to be lifted. The notice may not specify any reason for termination of the process.
(3) A tribunal in which a proceeding is stayed under Subsection (1) may require parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.
(4) A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.
Enacted by Chapter 382, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 19 - Utah Uniform Collaborative Law Act › Section 107 - Emergency orders.

Effective 7/1/2020
78B-19-107.
Emergency orders.
During a collaborative law process, a court may issue emergency orders, including protective orders in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, or Part 2, Child Protective Orders, to protect the health, safety, welfare, or interest of a party or member of a party's household.
Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 19 - Utah Uniform Collaborative Law Act › Section 109 - Disclosure of information.

78B-19-109.
Disclosure of information.
Except as provided by law other than this chapter, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed. Parties may define the scope of disclosure during the collaborative law process.
Enacted by Chapter 382, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 19 - Utah Uniform Collaborative Law Act › Section 110 - Standards of professional responsibility and mandatory reporting not affected.

78B-19-110.
Standards of professional responsibility and mandatory reporting not affected.
This chapter does not affect:
(1) the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or
(2) the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state.
Enacted by Chapter 382, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 19 - Utah Uniform Collaborative Law Act › Section 111 - Appropriateness of collaborative law process.

78B-19-111.
Appropriateness of collaborative law process.
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
(1) assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;
(2) provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation; and
(3) advise the prospective party that:
(a) after signing an agreement if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;
(b) participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause; and
(c) the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by the Rules of Professional Conduct.
Enacted by Chapter 382, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 19 - Utah Uniform Collaborative Law Act › Section 112 - Coercive or violent relationship.

78B-19-112.
Coercive or violent relationship.
(1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party.
(2) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.
(3) If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:
(a) the party or the prospective party requests to begin or to continue a process; and
(b) the collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.
Enacted by Chapter 382, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 19 - Utah Uniform Collaborative Law Act › Section 113 - Confidentiality of collaborative law communication.

78B-19-113.
Confidentiality of collaborative law communication.
A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state other than this chapter.
Enacted by Chapter 382, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 19 - Utah Uniform Collaborative Law Act › Section 114 - Authority of tribunal in case of noncompliance.

78B-19-114.
Authority of tribunal in case of noncompliance.
(1) If an agreement fails to meet the requirements of Section 78B-19-104, or a lawyer fails to comply with Section 78B-19-111 or 78B-19-112, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
(a) signed a record indicating an intention to enter into a collaborative law participation agreement; and
(b) reasonably believed they were participating in a collaborative law process.
(2) If a court makes the findings specified in Subsection (1), and the interests of justice require, the court may:
(a) enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(b) apply the disqualification provisions of Sections 78B-19-105 and 78B-19-106; and
(c) apply the privileges in the Utah Rules of Evidence.
Enacted by Chapter 382, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 19 - Utah Uniform Collaborative Law Act › Section 115 - Uniformity of application and construction.

78B-19-115.
Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Enacted by Chapter 382, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 19 - Utah Uniform Collaborative Law Act › Section 116 - Relation to Electronic Signatures in Global and National Commerce Act.

78B-19-116.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C.A. Sec. 7001 et seq. (2009), but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C.A. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Sec. 103(b) of that act, 15 U.S.C.A. Sec. 7003(b).
Enacted by Chapter 382, 2010 General Session