Part 1 General Provisions 78B-17-101 – 78B-17-103
Part 2 Process for Issuance and Service of a Subpoena by a Party in Another State 78B-17-201 – 78B-17-204
Part 3 Uniform Application and Construction – Application to Pending Actions 78B-17-301 – 78B-17-302

Terms Used In Utah Code > Title 78B > Chapter 17 - Utah Uniform Interstate Depositions and Discovery Act

  • Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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.
  • Direct supervision: means oversight at a distance within which:
    (a) visual contact is maintained; and
    (b) advice and assistance can be given and received. See Utah Code 41-6a-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Electric assisted bicycle: means a bicycle with an electric motor that:
    (a) has a power output of not more than 750 watts;
    (b) has fully operable pedals on permanently affixed cranks;
    (c) is fully operable as a bicycle without the use of the electric motor; and
    (d) is one of the following:
    (i) an electric assisted bicycle equipped with a motor or electronics that:
    (A) provides assistance only when the rider is pedaling; and
    (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour;
    (ii) an electric assisted bicycle equipped with a motor or electronics that:
    (A) may be used exclusively to propel the bicycle; and
    (B) is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; or
    (iii) an electric assisted bicycle equipped with a motor or electronics that:
    (A) provides assistance only when the rider is pedaling;
    (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour; and
    (C) is equipped with a speedometer. See Utah Code 41-6a-102
  • Electric personal assistive mobility device: means a self-balancing device with:
    (i) two nontandem wheels in contact with the ground;
    (ii) a system capable of steering and stopping the unit under typical operating conditions;
    (iii) an electric propulsion system with average power of one horsepower or 750 watts;
    (iv) a maximum speed capacity on a paved, level surface of 12. See Utah Code 41-6a-102
  • Foreign subpoena: means a subpoena issued under authority of a court of record of a foreign jurisdiction. See Utah Code 78B-17-102
  • Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
  • 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.
  • Mobility disability: means the inability of a person to use one or more of the person's extremities or difficulty with motor skills, that may include limitations with walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other condition. See Utah Code 41-6a-102
  • Moped: means a motor-driven cycle having:
    (i) pedals to permit propulsion by human power; and
    (ii) a motor that:
    (A) produces not more than two brake horsepower; and
    (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground. See Utah Code 41-6a-102
  • Motor-driven cycle: means a motorcycle, moped, and a motorized bicycle having:
    (i) an engine with less than 150 cubic centimeters displacement; or
    (ii) a motor that produces not more than five horsepower. See Utah Code 41-6a-102
  • Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
  • Operator: means :
    (a) a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pedestrian: means a person traveling:
    (a) on foot; or
    (b) in a wheelchair. See Utah Code 41-6a-102
  • Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. See Utah Code 78B-17-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102
  • Soft-surface trail: means a marked trail surfaced with sand, rock, or dirt that is designated for the use of a bicycle. See Utah Code 41-6a-102
  • 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
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-17-102
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena: means a document, however denominated, issued under authority of a court of record requiring a person to:
    (a) attend and give testimony at a deposition;
    (b) produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
    (c) permit inspection of premises under the control of the person. See Utah Code 78B-17-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5