§ 29-39-102. Civil Damage Awards
In a civil action, each injured plaintiff may be awarded: Compensation for economic damages suffered by each injured plaintiff; and Compensation for any noneconomic damages suffered by each injured plaintiff not to exceed seven hundred fifty thousand dollars ($750,000) for all injuries and occurrences that were or could have been asserted, regardless of whether the […]
§ 29-39-103. Findings by Trier of Fact
If liability is found in a civil action, then the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of: Any past damages for each of the following types of damages: Medical and other costs of health care; Other economic damages; and Noneconomic damages; and […]
§ 29-39-104. Punitive Damages
In a civil action in which punitive damages are sought: Punitive damages may only be awarded if the claimant proves by clear and convincing evidence that the defendant against whom punitive damages are sought acted maliciously, intentionally, fraudulently or recklessly; In an action in which the claimant seeks an award of punitive damages, the trier […]
§ 29-40-101. Short Title
This chapter shall be known and may be cited as the “Uniform Commercial Real Estate Receivership Act.”
§ 29-40-102. Chapter Definitions
As used in this chapter: “Affiliate” means: With respect to an individual: A companion of the individual; A lineal ancestor or descendant, whether by blood or adoption, of: The individual; or A companion of the individual; A companion of an ancestor or descendant described in subdivision (1)(A)(ii); A sibling, aunt, uncle, great aunt, great uncle, […]
§ 29-40-103. Notice and Opportunity for Hearing
Except as otherwise provided in subsection (b), the court may issue an order under this chapter only after notice and opportunity for a hearing, as appropriate in the circumstances. The court may issue an order under this chapter: Without prior notice if the circumstances require issuance of an order before notice is given; After notice […]
§ 29-40-104. Scope — Exclusions
Except as otherwise provided in subsection (b) or (c), this chapter applies to a receivership for an interest in real property and any personal property related to or used in operating the real property. This chapter does not apply to a receivership for an interest in real property improved by one (1) to four (4) […]
§ 29-40-105. Power of Court
The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.
§ 29-40-106. Appointment of Receiver
The court may appoint a receiver: Before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if the property or the property’s revenue-producing potential: Is being subjected to or is in danger of waste, loss, dissipation, or impairment; or Has been […]
§ 29-38-116. Representation by Prosecuting Attorney — Motion for Stay of Action During Drug Investigation or Prosecution
A prosecuting attorney may represent the state or a political subdivision of the state in an action brought under this chapter. On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise […]