Chapter 05 - Procedure and Evidence
- 78B-5-101 - Right to jury trial.
- 78B-5-102 - Jury to decide questions of fact.
- 78B-5-103 - Court to decide questions of law.
- 78B-5-201 - Definitions -- Judgment recorded in Registry of Judgments.
- 78B-5-202 - Duration of judgment -- Judgment as a lien upon real property -- Abstract of judgment -- Small claims judgment not a lien -- Appeal of judgment -- Child support orders.
- 78B-5-203 - Judgment against party dying after verdict or decision.
- 78B-5-204 - Judgment against sheriff -- When conclusive against sureties on indemnity bond.
- 78B-5-205 - Judgment by confession authorized.
- 78B-5-206 - Mileage allowance for judgment debtor required to appear.
- 78B-5-301 - Title.
- 78B-5-302 - Definition -- Filing and status of foreign judgments.
- 78B-5-303 - Notice of filing.
- 78B-5-304 - Stay.
- 78B-5-305 - Lien.
- 78B-5-306 - Optional procedure.
- 78B-5-307 - Uniformity of interpretation.
- 78B-5-320 - Grounds for nonrecognition of libel judgments.
- 78B-5-321 - Foreign libel judgment.
- 78B-5-322 - Application.
- 78B-5-401 - Title.
- 78B-5-402 - Definitions.
- 78B-5-403 - Scope.
- 78B-5-404 - Variation by agreement.
- 78B-5-405 - Determining the money of the claim.
- 78B-5-406 - Determining the amount of the money of certain contract claims.
- 78B-5-407 - Asserting and defending a foreign-money claim.
- 78B-5-408 - Judgments and awards on foreign-money claims -- Time of money conversion -- Form of judgment.
- 78B-5-409 - Conversions of foreign money in a distribution proceeding.
- 78B-5-410 - Prejudgment and judgment interest.
- 78B-5-411 - Enforcement of foreign judgments.
- 78B-5-412 - Temporarily determining the United States dollar value of foreign-money claims for limited purposes.
- 78B-5-413 - Effect of currency revalorizations.
- 78B-5-414 - Supplementary general principles of law.
- 78B-5-415 - Uniformity of application and construction.
- 78B-5-416 - Application.
- 78B-5-501 - Title.
- 78B-5-502 - Definitions.
- 78B-5-503 - Homestead exemption -- Definitions -- Excepted obligations -- Water rights and interests -- Conveyance -- Sale and disposition -- Property right for federal tax purposes.
- 78B-5-504 - Declaration of homestead -- Filing -- Contents -- Failure to file -- Conveyance by married person -- No execution sale if bid less than exemption -- Redemption rights of judgment creditor.
- 78B-5-505 - Property exempt from execution.
- 78B-5-506 - Value of exempt property -- Exemption of implements, professional books, tools, and motor vehicle.
- 78B-5-507 - Exemption of proceeds from property sold, taken by condemnation, lost, damaged, or destroyed -- Tracing exempt property and proceeds.
- 78B-5-508 - Allowable claims against exempt property.
- 78B-5-509 - Waiver of exemptions in favor of unsecured creditor unenforceable.
- 78B-5-510 - Assertion of individual's rights by spouse, dependent, or other authorized person.
- 78B-5-511 - Injunctive relief, damages, or both allowed against creditor to prevent violation of chapter -- Costs and attorney fees.
- 78B-5-512 - Property held by joint tenants or tenants in common.
- 78B-5-513 - Exemption provisions applicable in bankruptcy proceedings.
- 78B-5-601 - Statutes as evidence.
- 78B-5-602 - Entries in official records as evidence.
- 78B-5-603 - Entries in course of official duty as evidence.
- 78B-5-604 - Certificate of location or purchase of public lands of United States as evidence.
- 78B-5-605 - Histories, scientific books, maps, and charts as evidence.
- 78B-5-606 - Certificate of acknowledgment as evidence of execution.
- 78B-5-607 - When entries and writings of a decedent are prima facie evidence.
- 78B-5-608 - Writings -- How proved.
- 78B-5-609 - Proof of execution when subscribing witness denies or forgets.
- 78B-5-610 - When unnecessary.
- 78B-5-611 - Proof of wills.
- 78B-5-612 - Proof of instruments affecting real estate.
- 78B-5-613 - Proof of publication of document, notice, or order.
- 78B-5-614 - Filing of affidavit -- Original or certified copy as evidence.
- 78B-5-615 - Parol evidence of contents of writings -- When admissible.
- 78B-5-616 - Business record -- Admissibility -- Weight.
- 78B-5-617 - Writings bearing obvious alterations -- Explanation required.
- 78B-5-618 - Patient access to medical records.
- 78B-5-619 - Access to medical records of deceased patient.
- 78B-5-620 - Calibration certificates for breathalizers.
- 78B-5-701 - Taking of affidavits in this state.
- 78B-5-702 - Taking of affidavits in another state.
- 78B-5-703 - Taking of affidavits in foreign country.
- 78B-5-704 - Certification of affidavits taken before foreign court or judge.
- 78B-5-705 - Unsworn declaration in lieu of affidavit.
- 78B-5-801 - Public and private statutes defined.
- 78B-5-802 - Tender -- Offer in writing sufficient -- Objection -- Must be specific or waived.
- 78B-5-803 - Receipt may be demanded as condition to payment or deposit.
- 78B-5-804 - Money deposited in court.
- 78B-5-805 - State, state officers, and political subdivisions not required to give bond.
- 78B-5-806 - Payment of costs by state.
- 78B-5-807 - Payment of costs by county.
- 78B-5-808 - Salaries of public officers subject to garnishment.
- 78B-5-809 - Service of process.
- 78B-5-810 - Sureties on stay bonds entitled to subrogation.
- 78B-5-811 - Provisions as to depositions made applicable to nonjudicial proceedings.
- 78B-5-812 - Release or settlement of personal injury claim -- When voidable.
- 78B-5-813 - Statement of injured person -- When inadmissible as evidence.
- 78B-5-814 - Release, settlement, or statement by injured person -- When rescission or disavowal provisions inapplicable.
- 78B-5-815 - Release, settlement, or statement by injured person -- Notice of rescission or disavowal.
- 78B-5-816 - Right of rescission or disavowal of release, settlement, or statement by injured person in addition to other provisions.
- 78B-5-817 - Definitions.
- 78B-5-818 - Comparative negligence.
- 78B-5-819 - Separate special verdicts on total damages and proportion of fault.
- 78B-5-820 - Amount of liability limited to proportion of fault -- No contribution.
- 78B-5-821 - Joinder of defendants.
- 78B-5-822 - Release to one defendant does not discharge other defendants.
- 78B-5-823 - Effect on immunity, exclusive remedy, indemnity, and contribution.
- 78B-5-824 - Personal injury judgments -- Interest authorized.
- 78B-5-825 - Attorney fees -- Award where action or defense in bad faith -- Exceptions.
- 78B-5-825.5 - Attorney fees -- Private attorney general doctrine disavowed.
- 78B-5-826 - Attorney fees -- Reciprocal rights to recover attorney fees.
- 78B-5-827 - Attorney fees awarded to state funded agency in action against state or subdivision -- Forfeit of appropriated money.