Section 151 – Witnesses — Expenses for expert witnesses.
78B-1-151. Witnesses — Expenses for expert witnesses. (1) The court may appoint any expert witness agreed upon by the parties or of its own selection. The court shall inform the expert of required duties in writing and a copy shall be filed with the court record. (2) The appointed expert shall advise the court and […]
Section 152 – Witnesses — Prohibition of expert witness contingent fees in civil actions.
78B-1-152. Witnesses — Prohibition of expert witness contingent fees in civil actions. (1) As used in this section, “contingent fee agreement” means an agreement for the provision of testimony or other evidence and related services by an expert witness in a civil action that specifies: (a) the payment of compensation to the expert witness for […]
Section 141 – Witnesses — Discharge when unlawfully arrested.
78B-1-141. Witnesses — Discharge when unlawfully arrested. The court or officer issuing the subpoena, and the court or officer before whom the attendance is required, may discharge the witness from an arrest made in violation of Section 78B-1-138. If the court has adjourned before the arrest or before application for the discharge, a judge of […]
Section 142 – Witnesses — Oaths — Who may administer.
78B-1-142. Witnesses — Oaths — Who may administer. Every court, every judge, clerk and deputy clerk of any court, every justice, every notary public, and every officer or person authorized to take testimony in any action or proceeding, or to decide upon evidence, has the power to administer oaths or affirmations. Renumbered and Amended by […]
Section 143 – Witnesses — Form of oath.
78B-1-143. Witnesses — Form of oath. (1) An oath or affirmation in an action or proceeding may be administered in the following form: You do solemnly swear (or affirm) that the evidence you shall give in this issue (or matter) pending between ____ and ____ shall be the truth, the whole truth and nothing but […]
Section 144 – Witnesses — Affirmation or declaration instead of oath allowed.
78B-1-144. Witnesses — Affirmation or declaration instead of oath allowed. Any person may, instead of taking an oath, opt to make a solemn affirmation or declaration, by assenting, when addressed in the following form: “You do solemnly affirm (or declare) that… .” etc., as in Section 78B-1-143. Renumbered and Amended by Chapter 3, 2008 General […]
Section 145 – Witnesses — Variance in form of swearing to suit beliefs.
78B-1-145. Witnesses — Variance in form of swearing to suit beliefs. (1) Whenever the court before which a person is offered as a witness is satisfied that the person has a peculiar mode of swearing, connected with or in addition to the usual form, which in the person’s opinion is more solemn or obligatory, the […]
Section 146 – Witnesses — Interpreters — Subpoena — Contempt — Costs.
78B-1-146. Witnesses — Interpreters — Subpoena — Contempt — Costs. (1) When a witness does not understand and speak the English language, an interpreter shall be sworn in to interpret. Any person may be subpoenaed by any court or judge to appear before the court or judge to act as an interpreter in any action […]
Section 147 – Witnesses — Fees in civil cases — How paid — Taxed as costs.
78B-1-147. Witnesses — Fees in civil cases — How paid — Taxed as costs. (1) The fees and compensation of witnesses in all civil causes shall be paid by the party who causes the witnesses to attend. A person is not obliged to attend court in a civil cause when subpoenaed unless the person’s: (a) […]
Section 148 – Witnesses — Only one fee per day allowed.
78B-1-148. Witnesses — Only one fee per day allowed. No witness shall receive fees in more than one criminal cause on the same day. Renumbered and Amended by Chapter 3, 2008 General Session