Utah § 78B-6-1112 Security requirement -- Amount not a limitation -- Jurisdiction over surety.

Utah Statutes

§ 78B-6-1112 — Security requirement -- Amount not a limitation -- Jurisdiction over surety.

Utah·Title 78B Judicial Code·Ch. 78B-6 Particular Proceedings·Part 78B-6-11 Nuisance

(1)(1)(a) The court shall condition issuance of an order of abatement by eviction on the giving of security by the applicant, in such sum and form as the court determines proper, unless:

(1)(a)(i) the court determines that none of the parties will incur or suffer costs, attorney fees, or damage as the result of any wrongful order of abatement by eviction;

(1)(a)(ii) the court determines that there exists some substantial reason for dispensing with the requirement of security; or

(1)(a)(iii) the applicant has proved, by a preponderance of the evidence, the existence of a nuisance described in Section 78B-6-1107.

(1)(b) Security described in Subsection (1)(a) may not be required:

(1)(b)(i) of the United States, the state, or an officer, agency, or subdivision of the United States or the s

Free access — add to your briefcase to read the full text and ask questions with AI

(1) (1)(a) The court shall condition issuance of an order of abatement by eviction on the giving of security by the applicant, in such sum and form as the court determines proper, unless:
(1)(a)(i) the court determines that none of the parties will incur or suffer costs, attorney fees, or damage as the result of any wrongful order of abatement by eviction;
(1)(a)(ii) the court determines that there exists some substantial reason for dispensing with the requirement of security; or
(1)(a)(iii) the applicant has proved, by a preponderance of the evidence, the existence of a nuisance described in Section 78B-6-1107.
(1)(b) Security described in Subsection (1)(a) may not be required:
(1)(b)(i) of the United States, the state, or an officer, agency, or subdivision of the United States or the state; or
(1)(b)(ii) when prohibited by law.
(2) The amount of security may not limit the award of:
(2)(a) reasonable attorney fees or costs incurred in connection with the order of abatement by eviction; or
(2)(b) damages that may be awarded to a party who is found to have been wrongfully evicted.
(3) (3)(a) A surety upon a bond or undertaking under this section submits to the jurisdiction of the court and irrevocably appoints the clerk of the court as agent upon whom any papers affecting the surety's liability on the bond or undertaking may be served.
(3)(b) The surety's liability may be enforced on motion without the necessity of an independent action.
(3)(c) The motion and such notice of the motion as the court prescribes may be served on the clerk of the court who shall immediately provide a copy to the applicant or other person giving the security by the means established at the time of the application.
(4) Upon request, the applicant shall be granted a hearing to be held no later than three days from the date the defendant is served with notice of the applicant's giving of security, as described in Subsection (1).

Utah § 78B-6-1112 (Security requirement -- Amount not a limitation -- Jurisdiction over surety.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.