(1)  All persons, without exception, otherwise than as specified in this part, who, having organs of sense, can perceive, and, perceiving, can make known their perceptions to others, may be witnesses.

Terms Used In Utah Code 78B-1-128

  • 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.
  • Jury: means a body of persons temporarily selected from the citizens of a particular county invested with the power to present and indict a person for a public offense or to try a question of fact. See Utah Code 78B-1-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2)  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.

(3)  The credibility of a witness may be questioned by:

(a)  the manner in which the witness testifies;

(b)  the character of the witness testimony;

(c)  evidence affecting the witness’ character for truth, honesty, or integrity;

(d)  the witness’ motives; or

(e)  contradictory evidence.

(4)  The jury is the exclusive judge of credibility.

Renumbered and Amended by Chapter 3, 2008 General Session