78B-1-135 - Witnesses -- Proceedings in aid of or supplemental to attachment, garnishment, or execution.
78B-1-135. Witnesses -- Proceedings in aid of or supplemental to attachment,garnishment, or execution.
(1) Notwithstanding the provisions of Section 78B-1-134, a party or a witness examinedin proceedings in aid of or supplemental to attachment, garnishment, or execution is not excusedfrom answering a question on the ground that;
(a) the answer will tend to convict the party or witness of the commission of a fraud;
(b) the answer will prove the party or witness has been a party or privy to, or hasknowledge of, a conveyance, assignment, transfer or other disposition of property concerned forany purpose;
(c) the party, witness, or any other person claims to be entitled, as against the judgmentcreditor or a receiver appointed or to be appointed in the proceedings, to hold property derivedfrom or through the judgment debtor or to be discharged from the payment of a debt which wasdue to the judgment debtor or to a person in the debtor's behalf.
(2) An answer cannot be used as evidence against the person so answering in a criminalaction or proceeding, except in an action for perjury against the person for falsely testifying.
Renumbered and Amended by Chapter 3, 2008 General Session