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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-25-2 Statutes as evidence.
The recitals in a public statute are conclusive evidence
of the fact recited for the purpose of carrying it into effect,
but no further. The recitals in a private statute are conclusive
evidence between parties who claim under its provisions,
but no further.
1953
78-25-3 Entries in official records as evidence.
Entries in public or other official books or records,
made in the performance of his duty by a public officer of
this state or by any other person in the performance of a
duty specially enjoined by the law, are prima facie evidence
of the facts stated therein.
1953
78-25-4 Entries in course of official duty as evidence.
An entry made by an officer or board of officers, or under
the direction and in the presence of either, in the course
of official duty is prima facie evidence of the facts stated
in such entry.
1953
78-25-5 Certificate of location or purchase of public lands of United States as evidence.
A certificate of purchase or of location of any lands
in this state, issued or made in pursuance of any law of
the United States, is prima facie evidence that the holder
or assignee of such certificate is the owner of the land
described therein; but this evidence may be overcome by proof
that, at the time of the location or time of filing a preemption
claim on which the certificate may have been issued, the
land was in the adverse possession of the adverse party,
or those under whom he claims, or that the adverse party
is holding the land for mining purposes.
1953
78-25-6 Histories, scientific books, maps and charts as evidence.
Historical works, books of science or art, and published
maps or charts, when made by persons indifferent between
the parties, are prima facie evidence of facts of general
notoriety and interest.
1953
78-25-7 Certificate of acknowledgment as evidence of execution.
Every private writing, except last wills and testaments,
may be acknowledged or proved, and certified in the manner
provided for the acknowledgment or proof of conveyances of
real property, and the certificate of such acknowledgment
or proof is prima facie evidence of the execution of the
writing in the same manner as if it were a conveyance of
real property.
1953
78-25-8 When entries and writings of a decedent are prima facie evidence.
The entries and other writings of a decedent made at or near the time of the transaction, and when he was in a position to know the facts stated therein, may be read as prima facie evidence of the facts therein stated, in the following cases:
(1) When the entry was made against the interest of the person making it.
(2) When it was made in a professional capacity and in the ordinary course of professional conduct.
(3) When it was made in the performance of a duty specially
enjoined by law.
1953
78-25-9 Writings, how proved.
Any writing may be proved either:
(1) by any one who saw the writing executed;
(2) by evidence of the genuineness of the handwriting of the maker; or
(3) by a subscribing witness.
1953
78-25-10 Proof of execution when subscribing witness denies or forgets.
If the subscribing witness denies or does not recollect
the execution of the writing, its execution may still be
proved by other evidence.
1953
78-25-11 When unnecessary.
When, however, evidence is given that the party against
whom the writing is offered has at any time admitted its
execution, no other evidence of the execution need be given,
when the instrument is one produced from the custody of the
adverse party and has been acted upon by him as genuine.
1953
78-25-12 Proof of wills.
A last will and testament, except a nuncupative will,
is invalid, unless it is in writing and executed with such
formalities as are required by law. When, therefore, such
a will is to be shown, the instrument itself must be produced,
or secondary evidence of its contents given.
1953
78-25-13 Proof of instruments affecting real estate.
Every instrument conveying or affecting real property,
acknowledged, or proved and certified as provided by law,
may, together with the certificate of acknowledgment or proof,
be read in evidence in an action or proceeding, without further
proof; and the record, or a certified copy of the record,
of such conveyance or instrument thus acknowledged or proved
may be read in evidence, with the same effect as the original,
on proof, by affidavit or otherwise, that the original is
not in the possession or under the control of the party producing
the record or the certified copy.
1953
78-25-14 Proof of publication of document, notice or order.
Evidence of the publication of a document or notice required
by law or an order of a court or judge to be published in
a newspaper may be given by the affidavit of the publisher
of the newspaper or his foreman or principal clerk, annexed
to a copy of the document or notice, specifying the times
when, and the paper in which, the publication was made.
1953
78-25-15 Filing of affidavit - Original or certified copy as evidence.
If such affidavit is made in an action or special proceeding
pending in a court, it may be filed with the court or clerk
thereof. If not so made, it may be filed with the recorder
of the county where the newspaper is published. In either
case the original affidavit, or a copy thereof certified
by the judge of the court or officer having it in custody,
is prima facie evidence of the facts stated therein.
1953
78-25-16 Parol evidence of contents of writings - When admissible.
There can be no evidence of the contents of a writing, other than the writing itself, except in the following cases:
(1) when the original has been lost or destroyed, in which case proof of the loss or destruction must first be made;
(2) when the original is in the possession of the party against whom the evidence is offered and he fails to produce it after reasonable notice;
(3) when the original is a record or other document in the custody of a public officer;
(4) when the original has been recorded, and the record or a certified copy thereof is made evidence by this code or other statute;
(5) when the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time, and the evidence sought from them is only the general result of the whole.
Provided, however, if any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless its preservation is required by law; and such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not, an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile, does not preclude admission of the original.
In the cases mentioned in Subsections (3) and (4), a copy
of the original, or of the record, must be produced; in those
mentioned in Subsections (1) and (2), either a copy or oral
evidence of the contents must be given.
1995
78-25-16.5 Business record - Admissibility - Weight.
(1) As used in this section, "business" includes business, profession, occupation, and calling of every kind.
(2) In any court in this state, any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence, or event, shall be admissible as evidence of that act, transaction, occurrence, or event, if made in the regular course of any business, and if it was the regular course of the business to make the memorandum or record at the time of the act, transaction, occurrence, or event or within a reasonable time thereafter.
(3) All circumstances, other than those set forth in Subsection
(2), of the making of the writing or record, including lack
of personal knowledge by the entrant or maker, may be shown
to affect its weight, but those circumstances do not affect
its admissibility.
1983
78-25-17 Writings bearing obvious alterations - Explanation required.
The party producing as genuine a writing which has been
altered, or appears to have been altered after its execution
in a part material to the question in dispute must account
for the appearance of alteration. He may show that the alteration
was made by another without his concurrence, or was made
with the consent of the parties affected by it, or otherwise
properly or innocently made, or that the alteration does
not change the meaning or language of the instrument. If
he does this, he may give the writing in evidence, but not
otherwise.
1953
78-25-25 Patient access to medical records.
(1) Pursuant to 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually Identifiable Health Information, a patient or a patient's personal representative may inspect or receive a copy of the patient's records from a health care provider as defined in Section 78-14-3 , when that health care provider is governed by the provisions of 45 C.F.R., Parts 160 and 164.
(2) When a health care provider as defined in Section 78-14-3 is not governed by 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually Identifiable Health Information, a patient or a patient's personal representative may inspect or receive a copy of the patient's records unless access to the records is restricted by law or judicial order.
(3) A health care provider who provides a copy of a patient's
records to the patient or the patient's personal representative
may charge a reasonable fee to cover the health care provider's
costs.
2003
