Terms Used In Utah Code > Title 77 > Chapter 11b > Part 3 - Forfeiture Proceedings

• Acquitted: means a finding by a jury or a judge at trial that a claimant is not guilty. See Utah Code 77-11b-101
• Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-11b-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complaint: means a civil or criminal complaint seeking the forfeiture of any property under this chapter. See Utah Code 77-11b-101
• Conviction: A judgement of guilt against a criminal defendant.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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.
• Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
• Forfeit: means to divest a claimant of an ownership interest in property seized under Section 77-11a-201. See Utah Code 77-11b-101
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• 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.
• Known address: means :

  (a)	any address provided by a claimant to the peace officer or agency at the time the property is seized; or

  (b)

  the claimant's most recent address on record with a governmental entity if no address was provided at the time of the seizure. See Utah Code 77-11b-101 Legal costs: means the costs and expenses incurred by a party in a forfeiture action. See Utah Code 77-11b-101 Person: means :Utah Code 68-3-12.5 Probable cause: A reasonable ground for belief that the offender violated a specific law. Proceeds: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Prosecuting attorney: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Seized property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 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 Summons: Another word for subpoena used by the criminal justice system. Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. Writing: includes :Utah Code 68-3-12.5