Section 104 – Actions against officers — Bond required — Costs and attorney fees.
78B-3-104. Actions against officers — Bond required — Costs and attorney fees. (1) A person may not file an action against a law enforcement officer acting within the scope of the officer’s official duties unless the person has posted a bond in an amount determined by the court. (2) The bond shall cover all estimated […]
Section 105 – Definition of heirs.
Effective 5/4/2022 78B-3-105. Definition of heirs. As used in Sections 78B-3-106 and 78B-3-107, “heirs” means the following surviving persons: (1) the decedent’s spouse; (2) the decedent’s children as provided in Section 75-2-114; (3) (a) the decedent’s natural parents; or (b) if the decedent was adopted, the decedent’s adoptive parents; (4) the decedent’s stepchildren who: (a) […]
Section 106 – Death of a person — Suit by heir or personal representative.
78B-3-106. Death of a person — Suit by heir or personal representative. (1) Except as provided in Title 34A, Chapter 2, Workers’ Compensation Act, when the death of a person is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an […]
Section 106.5 – Claims brought by presumptive personal representative.
Effective 5/4/2022 78B-3-106.5. Claims brought by presumptive personal representative. (1) “Presumptive personal representative” means: (a) the spouse of the decedent not alleged to have contributed to the death of the decedent; (b) if no spouse exists, the spouse of the decedent is incapacitated, or if the spouse of the decedent is alleged to have contributed […]
Section 101 – Husband and wife — Actions — Defense — Absent spouse.
78B-3-101. Husband and wife — Actions — Defense — Absent spouse. (1) If a husband and wife are sued jointly, either or both may defend in each one’s own right or for both parties. (2) Either party to a marriage may sue and be sued in the same manner as if the person is unmarried. […]
Section 102 – Injury of a child — Suit by parent or guardian.
Effective 5/13/2014 78B-3-102. Injury of a child — Suit by parent or guardian. (1) Except as provided in Title 34A, Chapter 2, Workers’ Compensation Act, a parent or guardian may bring an action for the injury of a minor child when the injury is caused by the wrongful act or neglect of another. (2) A […]