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[Utah Code Table of Contents]
[TITLE 69. Table of Contents]
69-1-1 Notice by, authorized.
Whenever any notice, information or intelligence is required
to be given the same may be given by telegraph or telephone.
Any such notice, information or intelligence shall be delivered
to the telegraph or telephone operator in writing and shall
be delivered to the person for whom it is intended in writing
by the operator at the receiving office, who shall, on request,
certify thereon that the writing so delivered is a true copy
of the original. Notice by telegraph or telephone shall be
deemed actual notice.
1953
69-1-2 Transmitting written instruments by telegraph or telephone authorized - Entitled to record - Force and effect of copies - Documents submitted to recorder - Requirements.
Any power of attorney or other instrument in writing duly
proved or acknowledged and certified so as to be entitled
to record may, together with the certificate of its proof
or acknowledgment, be sent by telegraph or telephone, and
the telegraphic or telephonic copy shall prima facie have
the same force and effect in all respects, and may be admitted
to record and recorded in the same manner and with the same
effect, as the original. Documents submitted to the county
recorder for recording shall be original or certified copies
from other offices of public record, as required by Title
57.
1990
69-1-3 Transmitting agreements for payment of money - Burden of proof.
Checks, due bills, promissory notes, bills of exchange
and all orders or agreements for the payment or delivery
of money or other thing of value may be made or drawn by
telegraph, and when so made or drawn shall have the same
force and effect to charge the maker, drawer, endorser or
acceptor thereof, and shall create the same rights and equities
in favor of the payee, drawee, endorsee, acceptor, holder
or bearer thereof, as if duly made or drawn and delivered
in writing. Except as provided in Section
69-1-4
, whenever the genuineness or execution of any
such instrument received by telegraph shall be denied on
oath by or on behalf of the person sought to be charged thereby
it shall be incumbent upon the party claiming under or alleging
the existence of the same to prove the existence and execution
of the original writing from which the telegraphic copy was
transmitted. The original message shall in all cases be preserved
in the telegraph office from which the same is sent.
1995
69-1-4 Transmitting certified instruments - Burden of proof.
Except as hereinbefore otherwise provided, any instrument
in writing, duly certified under his hand and official seal
by a notary public, commissioner of deeds or clerk of a court
of record to be genuine to the personal knowledge of such
officer, may, together with such certificate, be sent by
telegraph or telephone. The telegraphic or telephonic copy
thereof shall, prima facie only, have the same force, effect
and validity in all respects as the original, and the burden
of proof shall be on the party denying the genuineness or
due execution of the original.
1953
