58-37e-10. Contribution among and recovery from multiple defendants. A person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery […]
58-37e-11. Standard of proof — Effect of criminal drug conviction. (1) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of […]
58-37e-12. Prejudgment attachment and execution on judgments. (1) A plaintiff under this chapter, subject to Subsection (3), may request an ex parte prejudgment writ of attachment from the court pursuant to Utah Rules of Civil Procedure, Rule 64A against all assets of a defendant sufficient to satisfy a potential award. If attachment is instituted, a […]
58-37e-13. Statute of limitations. (1) Except as otherwise provided in this section, a claim under this chapter may not be brought more than two years after the cause of action accrues. A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug […]
58-37e-14. Representation of governmental entities — Stay of action. (1) A county attorney, district attorney, or city attorney may represent any political subdivision of the state, and the attorney general may represent the state in an action brought under this chapter. (2) On motion by a governmental agency involved in a drug investigation or prosecution, […]
58-37e-3. Liability for participation in the illegal drug market. (1) A person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this chapter. A person may recover damages under this chapter for injury resulting from an individual’s use of an illegal drug. (2) A law […]
58-37e-4. Recovery of damages. (1) One or more of the following persons may bring an action for damages caused by an individual’s use of an illegal drug: (a) a parent, legal guardian, child, spouse, or sibling of the individual drug user; (b) an individual who was exposed to an illegal drug in utero; (c) an […]
58-37e-5. Limited recovery of damages. (1) An individual drug user may not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this section. An individual drug user may bring an action for damages caused by the use of an illegal drug only if all of the […]
58-37e-6. Third party cases. A third party may not pay damages awarded under this chapter, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification. Enacted by Chapter 349, 1997 General Session
58-37e-7. Illegal drug market target community. A person whose participation in the illegal drug market constitutes the following level offense shall be considered to have the following illegal drug market target community: (1) Level 4: the county in which the defendant’s place of participation is situated; (2) Level 3: the target community described in Subsection […]
58-37e-8. Joinder of parties. (1) Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every […]
58-37e-9. Comparative responsibility. (1) An action by an individual drug user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff. (2) The burden of proving the comparative responsibility […]
