(1) |
Terms Used In Utah Code 78B-10a-105- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Writing: includes :Utah Code 68-3-12.5
(a) |
Unless otherwise agreed to in writing by the parties, a claim submitted to arbitration shall be resolved by a single arbitrator. |
(b) |
Unless otherwise agreed to by the parties or ordered by the court, all parties shall agree on a single arbitrator within 90 days of the answer of the defendant. |
(c) |
If the parties are unable to agree on a single arbitrator as required by Subsection (1)(b), a panel of three arbitrators shall be selected in accordance with Subsection (1)(d). |
(d) |
If a panel of three arbitrators is selected:
(i) |
each side shall select one arbitrator; and |
(ii) |
the arbitrators appointed under Subsection (1)(d)(i) shall jointly select one additional arbitrator to be included on the panel. |
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(2) |
Unless otherwise agreed to in writing:
(a) |
each party shall pay an equal share of the fees and costs of the arbitrator selected under Subsection (1)(a); and |
(b) |
if an arbitration panel is selected under Subsection (1)(d), each party shall pay:
(i) |
the fees and costs of the arbitrator selected by that party’s side; and |
(ii) |
an equal share of the fees and costs of the arbitrator selected under Subsection (1)(d)(ii). |
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Enacted by Chapter 197, 2011 General Session