Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-24-1 Who may be witnesses - Jury to judge credibility.
All persons, without exception, otherwise than as specified
in this chapter, who, having organs of sense, can perceive,
and, perceiving, can make known their perceptions to others,
may be witnesses. Neither parties nor other persons who have
an interest in the event of an action or proceeding are excluded;
nor those who have been convicted of crime; nor persons on
account of their opinions on matters of religious belief;
although, in every case the credibility of the witness may
be drawn in question, by the manner in which he testifies,
by the character of his testimony, or by evidence affecting
his character for truth, honesty or integrity, or by his
motives, or by contradictory evidence; and the jury are the
exclusive judges of his credibility.
1953
78-24-2 Competency to be witness.
Every person is competent to be a witness except as otherwise
provided in the Utah Rules of Evidence.
1984
78-24-3 Judge or juror may be witness - Procedure.
The judge himself or any juror may be called as a witness
by either party; but in such case it is in the discretion
of the court to order the trial to be postponed or suspended,
and to take place before another judge or jury.
1953
78-24-4 Interpreters - Subpoena - Contempt - Costs.
(1) When a witness does not understand and speak the English language, an interpreter must be sworn in to interpret. Any person may be subpoenaed by any court or judge to appear before such court or judge to act as interpreter in any action or proceeding. Any person so subpoenaed who fails to attend at the time and place named is guilty of a contempt.
(2) The Judicial Council may establish a fee for the issuance and renewal of a license of a certified court interpreter. Any fee established under this section shall be deposited as a nonlapsing dedicated credit to the Judicial Council.
(3) If the court appoints an interpreter, the court may
assess all or part of the fees and costs of the interpreter
against the person for whom the service is provided. The
court shall not assess interpreter fees or costs against
a person found to be impecunious.
1997
78-24-5 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 his attendance at a particular time and place
to testify as a witness. It may also require him to bring
with him any books, documents or other things under his control
which he is bound by law to produce in evidence.
1953
78-24-6 Duty of witness served with subpoena.
A witness served with a subpoena must attend at the time
appointed with any papers under his control required by the
subpoena, and answer all pertinent and legal questions; and,
unless sooner discharged, must remain until the testimony
is closed.
1953
78-24-7 Liability to forfeiture and damages.
A witness disobeying 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 which he may
sustain by the failure of the witness to attend, which forfeiture
and damages may be recovered in a civil action.
1953
78-24-8 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 afterwards be, without the consent of the other, examined as to any communication made by one to the other during the marriage.
(b) This exception does not apply:
(i) to a civil action or proceeding by one spouse against the other;
(ii) to a criminal action or proceeding for a crime committed by one spouse against the other;
(iii) to the crime of deserting or neglecting to support a spouse or child;
(iv) to any civil or criminal proceeding for abuse or neglect committed against the child of either spouse; or
(v) if otherwise specifically provided by law.
(2) An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him or his advice given regarding the communication in the course of his professional employment. An attorney's secretary, stenographer, or clerk cannot be examined, without the consent of his employer, concerning any fact, the knowledge of which has been acquired in his capacity as an employee.
(3) A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
(4) A physician or surgeon cannot, without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient which was necessary to enable him to prescribe or act for the patient. However, this privilege shall be deemed to be waived by the patient in an action in which the patient places his medical condition at issue as an element or factor of his claim or defense. Under those circumstances, a physician or surgeon who has prescribed for or treated that patient for the medical condition at issue may provide information, interviews, reports, records, statements, memoranda, or other data relating to the patient's medical condition and treatment which are placed at issue.
(5) A public officer cannot be examined as to communications made to him in official confidence when the public interests would suffer by the disclosure.
(6) A sexual assault counselor as defined in Section
78-3c-3
cannot, without the consent of the victim,
be examined in a civil or criminal proceeding as to any confidential
communication as defined in Section
78-3c-3
made by the victim.
1990
78-24-9 Duty to answer questions - Privilege.
A witness must answer questions legal and pertinent to
the matter in issue, although his answer may establish a
claim against himself; but he need not give an answer which
will have a tendency to subject him to punishment for a felony;
nor need he give an answer which will have a direct tendency
to degrade his character, unless it is to the very fact in
issue or to a fact from which the fact in issue would be
presumed. But a witness must answer as to the fact of his
previous conviction of felony.
1953
78-24-10 Proceedings in aid of or supplemental to attachment, garnishment, or execution.
Notwithstanding the provisions of Section
78-24-9
, 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 his answer will tend to convict him of the commission
of a fraud, or to prove that he has been a party or privy
to, or has knowledge of, a conveyance, assignment, transfer
or other disposition of property concerned for any purpose;
or on the ground that he or any other person claims to be
entitled, as against the judgment creditor or a receiver
appointed or to be appointed in the proceedings, to hold
property derived from or through the judgment debtor or to
be discharged from the payment of a debt which was due to
the judgment debtor or to a person in his behalf. But an
answer cannot be used as evidence against the person so answering
in a criminal action or proceeding, except in an action for
perjury against him for falsely testifying.
1995
78-24-11 Rights of witnesses.
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.
1953
78-24-12 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 a civil action while going to the place of attendance,
necessarily remaining there and returning therefrom.
1953
78-24-13 Unlawful arrest - Void - Damages recoverable.
The arrest of a witness contrary to Section
78-24-12
is void, and when willfully made is a contempt
of the court, and the person making it is responsible to
the witness arrested for double the amount of the damages
which may be assessed against him, and is also liable to
an action at the suit of the party serving the witness with
the subpoena for the damages sustained by him in consequence
of the arrest.
1995
78-24-14 Liability of officer making arrest.
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 such witness claims the exemption and makes an affidavit stating:
(1) That he has been served with a subpoena to attend as a witness before a court, officer or other person, specifying the same, the place of attendance and the action or proceeding in which the subpoena was issued;
(2) That he has not thus been served by his own procurement, with the intention of avoiding an arrest; and,
(3) That he is at the time going to the place of attendance, or returning therefrom, or remaining there in obedience to the subpoena.
The affidavit may be taken by the officer, and exonerates
him from liability for discharging the witness when arrested.
1953
78-24-15 Discharge of witness 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
78-24-12
. If the court has adjourned before the arrest
or before application for the discharge, a judge of the court
may grant the discharge.
1953
78-24-16 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 power to administer oaths
or affirmations.
1953
78-24-17 Form.
An oath or affirmation in an action or proceeding may be administered, the person who swears or affirms expressing his assent when addressed, 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 the truth, so help you God (or, under the pains and penalties
of perjury).
1953
78-24-18 Affirmation or declaration instead of oath allowed.
Any person may at his option, instead of taking an oath, make his solemn affirmation or declaration, by assenting, when addressed in the following form:
"You do solemnly affirm (or declare) that... ." etc.,
as in Section
78-24-17
.
1995
78-24-19 Variance in form of swearing to suit witness' belief.
Whenever the court before which a person is offered as a witness is satisfied that he has a peculiar mode of swearing, connected with or in addition to the usual form, which in his opinion is more solemn or obligatory, the court may in its discretion adopt that mode.
If a person who is sworn believes in any other than the
Christian religion, he may be sworn according to the peculiar
ceremonies of his religion, if there are any.
1953
