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Terms Used In Utah Code 57-23-7 v2
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-23-2
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.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Subpoena: A command to a witness to appear and give testimony.
make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule or order made by the division under this chapter; and
(b)
require or permit any person to file a statement in writing, under oath or otherwise as the division determines, as to all the facts and circumstances concerning the matter to be investigated.
(2)
For the purpose of any investigation or proceeding under this chapter:
(a)
the division may administer oaths or affirmations; and
(b)
upon its own motion or upon the request of any party, the division may:
(i)
subpoena witnesses;
(ii)
compel their attendance;
(iii)
take evidence; and
(iv)
require the production of any matter which is relevant to the investigation, including:
(A)
the existence, description, nature, custody, condition and location of any books, documents, or other tangible records;
(B)
the identity and location of persons having knowledge of relevant facts; or
(C)
any other matter reasonably calculated to lead to the discovery of material evidence.
(3)
Upon failure of any person to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected by the subpoena or information sought to be discovered under the subpoena, the division may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for an order compelling compliance.
