78B-1-123. Jurors and witnesses — Limit of time for presentation of certificate. Any holder of a witness’s or juror’s certificate specified in this title shall be required to present it to the county treasurer or to the county auditor, as the case may be, of the county where the certificate was issued within one year […]
78B-1-124. Jurors and witnesses — Statement of certificates — Contents — Payment by state. (1) At the end of each quarter it shall be the duty of the county treasurer and the county auditor of each county to prepare in duplicate and verify under oath a full and complete itemized statement of all certificates issued […]
78B-1-125. Jurors and witnesses — Certifying excessive fees a felony. Any clerk or judge of any court, county attorney, district attorney, or other officer who certifies false information as a fact, whereby any witness or juror shall be allowed a greater sum than otherwise entitled to under the provisions of this title, is guilty of […]
Effective 5/8/2018 78B-1-126. Jurors and witnesses — Purchase of certificate forbidden — Penalty. (1) No person connected officially with any of the district courts of this state, and no state, district, county or precinct officer, shall purchase or cause to be purchased any certificate issued to any juror or witness under the provisions of this […]
78B-1-127. Witnesses — Competency. Every person is competent to be a witness except as otherwise provided in the Utah Rules of Evidence. Renumbered and Amended by Chapter 3, 2008 General Session
78B-1-128. Who may be witnesses — Jury to judge credibility. (1) All persons, without exception, otherwise than as specified in this part, who, having organs of sense, can perceive, and, perceiving, can make known their perceptions to others, may be witnesses. (2) Neither parties nor other persons who have an interest in the event of […]
78B-1-129. Witnesses — Subpoena defined. The process by which the attendance of a witness is required is a subpoena. It is a writ or order directed to a person and requiring the person’s attendance at a particular time and place to testify as a witness. The person may also be required to bring any books, […]
78B-1-130. Witnesses — Duty when served with subpoena. A witness served with a subpoena shall: (1) attend at the time appointed with any papers required by the subpoena; (2) answer all pertinent and legal questions; and (3) unless sooner discharged, remain until the testimony is closed. Renumbered and Amended by Chapter 3, 2008 General Session
78B-1-131. Witnesses — Liability to forfeiture and damages. A witness who disobeys a subpoena shall, in addition to any penalty imposed for contempt, be liable to the party aggrieved in the sum of $100, and all damages sustained by the failure of the witness to attend. Forfeiture and damages may be recovered in a civil […]
78B-1-132. Employer not to discharge or threaten employee for responding to subpoena — Criminal penalty — Civil action by employee. (1) An employer may not deprive an employee of employment or threaten or otherwise coerce the employee regarding employment because the employee attends a deposition or hearing in response to a subpoena. (2) Any employer […]
78B-1-133. Witnesses — Judge or juror may be witness — Procedure. The judge or any juror may be called as a witness by either party. It is in the discretion of the court to order the trial to be postponed, suspended, or take place before another judge or jury. Renumbered and Amended by Chapter 3, […]
78B-1-134. Witnesses — Duty to answer questions — Privilege. (1) A witness shall answer all questions legal and pertinent to the matter in issue, although an answer may establish a claim against the witness. (2) A witness need not give an answer which will subject him to punishment for a felony. (3) A witness need […]
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 examined in proceedings in aid of or supplemental to attachment, garnishment, or execution is not excused from answering a question on the ground that; (a) the answer will tend […]
78B-1-136. Witnesses — Rights. It is the right of a witness to be protected from irrelevant, improper or insulting questions, and from harsh or insulting demeanor, to be detained only so long as the interests of justice require it, and to be examined only as to matters legal and pertinent to the issue. Renumbered and […]
Effective 5/14/2019 78B-1-137. Witnesses — Privileged communications. There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate. Therefore, a person cannot be examined as a witness in the following cases: (1) (a) Neither a wife nor a husband may either during the marriage or […]
78B-1-138. Witnesses — Exempt from arrest in civil action. Every person who has been in good faith served with a subpoena to attend as a witness before a court, judge, commissioner, referee or other person, in a case where the disobedience of the witness may be punished as a contempt, is exempt from arrest in […]
78B-1-139. Witnesses — Unlawful arrest — Void — Damages recoverable. The arrest of a witness contrary to Section 78B-1-138 is void, and when willfully made is a contempt of the court. The person making the arrest is responsible to the witness arrested for double the amount of the damages which may be assessed against the […]
78B-1-140. Liability of officer making arrest. (1) An officer is not liable for making the arrest in ignorance of the facts creating the exemption, but is liable for any subsequent detention of the witness, if the witness claims the exemption and makes an affidavit stating: (a) he has been served with a subpoena to attend […]
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 […]
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 […]
