26B-6-816.  Jury — Rules of evidenceTranscript — Burden of proof.

(1)  The petitioner is entitled to request a jury to hear the petition.

Terms Used In Utah Code 26B-6-816

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Sterilization: means any medical procedure, treatment, or operation rendering an individual permanently incapable of procreation. See Utah Code 26B-6-801
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(2)  The rules of evidence apply in any hearing on a petition for sterilization.

(3)  A transcript shall be made of the hearing and shall be made a permanent part of the record.

(4)  The burden of producing evidence and the burden of proof shall be upon the petitioner to prove by clear and convincing evidence that the petition for or order authorizing sterilization should be granted.

Renumbered and Amended by Chapter 308, 2023 General Session