Chapter 44 - Miscellaneous Civil Law Matters.
- Article 1 - Habeas Corpus, 44-1-1 through 44-1-38.
- Section 44-1-1 - Who may obtain writ.
- Section 44-1-10 - Petitioner to be produced; exception.
- Section 44-1-11 - Attachment for disobedience of writ; issuance; to whom directed; proceedings.
- Section 44-1-12 - Attachment against sheriff; place of detention.
- Section 44-1-13 - Precept for production of petitioner by officer executing attachment.
- Section 44-1-14 - Hearing.
- Section 44-1-15 - When petitioner will be discharged.
- Section 44-1-16 - When petitioner will be remanded to custody.
- Section 44-1-17 - Causes for discharge of petitioner in custody under civil process.
- Section 44-1-18 - Legality or justice of judgment or execution.
- Section 44-1-19 - Petitioner legally committed or guilty of offense; release on bail.
- Section 44-1-2 - Detention under judgment or execution; contempt.
- Section 44-1-20 - Decision in other cases.
- Section 44-1-21 - Custody of petitioner pending decision.
- Section 44-1-22 - Notice of hearing.
- Section 44-1-23 - Bail proceedings; authorization of habeas corpus; committing magistrate's proceedings to be reviewed.
- Section 44-1-24 - Certiorari to committing magistrate; transcript; examination of case de novo; decision.
- Section 44-1-25 - Pleading by petitioner after return; summary hearing.
- Section 44-1-26 - Procedure when petitioner is sick or infirm.
- Section 44-1-27 - Disobedience of order for discharge; attachment; damages recoverable.
- Section 44-1-28 - Detention for same offense after discharge on habeas corpus prohibited; when permissible.
- Section 44-1-29 - Concealment or transfer of prisoner to avoid writ; forfeiture.
- Section 44-1-3 - Application for writ; to whom made; petition; signature; verification.
- Section 44-1-30 - Detention officer refusing to furnish copies; forfeiture.
- Section 44-1-31 - When writ returnable; seal.
- Section 44-1-32 - Who may serve writ; tender of fees; bond for costs and restoration of prisoner.
- Section 44-1-33 - Service by delivery to custodian or person to whom writ is directed.
- Section 44-1-34 - Service by posting.
- Section 44-1-35 - Time allowed for making return and producing prisoner.
- Section 44-1-36 - Compelling attendance of prisoner for trial or as witness.
- Section 44-1-37 - Sheriff's fees for producing prisoner.
- Section 44-1-38 - Federal court proceedings; payment of costs, fees and expenses by state penitentiary.
- Section 44-1-4 - Application to officer residing outside district of detention; jurisdictional proof required.
- Section 44-1-5 - Petition for writ; allegations; exhibits.
- Section 44-1-6 - Form of writ.
- Section 44-1-7 - Defects of form; names of prisoner and custodian.
- Section 44-1-8 - Wrongful refusal of writ; forfeiture.
- Section 44-1-9 - Return; contents; exhibits; signature; verification.
- Article 2 - Mandamus, 44-2-1 through 44-2-14.
- Section 44-2-1 - Regulation of mandamus.
- Section 44-2-10 - Peremptory mandamus on failure to answer; procedure after answer.
- Section 44-2-11 - Pleadings allowed; proceedings as in civil actions.
- Section 44-2-12 - Judgment for plaintiff; damages; costs; peremptory writ.
- Section 44-2-13 - Officer or board refusing to perform duty; fine; other action for penalty barred.
- Section 44-2-14 - Review of proceedings.
- Section 44-2-2 - District courts open at all times for issuance of writs.
- Section 44-2-3 - Exclusive original jurisdiction; district and supreme courts.
- Section 44-2-4 - Purpose of writ; judicial discretion not controlled.
- Section 44-2-5 - Adequate remedy at law; writ will not issue; who may obtain writ.
- Section 44-2-6 - Contents of writ.
- Section 44-2-7 - When peremptory or alternative writs issued.
- Section 44-2-8 - Allowance of writ; return day; service.
- Section 44-2-9 - Answer to writ.
- Article 3 - Quo Warranto, 44-3-1 through 44-3-16.
- Section 44-3-1 - Commencement of proceedings; complaint; writ permissive.
- Section 44-3-10 - Judgment for relator claiming office; provisions for changing possession; enforcement; punishment for contempt.
- Section 44-3-11 - Costs.
- Section 44-3-12 - Judgment for relator claiming office; provisions concerning compensation; separate action for damages.
- Section 44-3-13 - Joinder of defendants.
- Section 44-3-14 - Judgment finding defendant guilty of usurpation of office; provisions concerning exclusion and costs.
- Section 44-3-15 - Election contest statutes unaffected.
- Section 44-3-16 - Speedy hearing on appeal.
- Section 44-3-2 - Trial; time; use of jury permissive.
- Section 44-3-3 - Name of private relator to be shown.
- Section 44-3-4 - Who may bring action; private relators; when action lies.
- Section 44-3-5 - Cost bond to be posted by private relator.
- Section 44-3-6 - Usurpation of office; allegations in complaint; compensation of defendant; bond; injunction.
- Section 44-3-7 - Right to elective office; allegations concerning election.
- Section 44-3-8 - Time of hearing demurrer, amending complaint, filing answer and trial; application for continuance.
- Section 44-3-9 - Judgment; nature; expiration of term of office before rendition.
- Article 4 - Actions Against Receivers, 44-4-1 through 44-4-5.
- Article 5 - Gambling Debts and Losses, 44-5-1 through 44-5-14.
- Section 44-5-1 - Money and property losses; loser's right of action for recovery; nature of remedy.
- Section 44-5-10 - Election bets included.
- Section 44-5-11 - Stakeholder's liability; demand required.
- Section 44-5-12 - Garnishment against winner in action by creditor against loser.
- Section 44-5-13 - Time for commencing action.
- Section 44-5-14 - Action for recovery; immunity.
- Section 44-5-2 - Contents of complaint.
- Section 44-5-3 - Action maintainable by spouse, children, heirs, executors, administrators and creditors or [of] loser.
- Section 44-5-4 - Judgments, conveyances and contracts founded on gambling loss void; suit to declare void; parties.
- Section 44-5-5 - Defense in action by assignee.
- Section 44-5-6 - Loss by minor, servant or apprentice in grocery, store or dramshop; proprietor liable; who may sue.
- Section 44-5-7 - How defenses under this article may be asserted.
- Section 44-5-8 - Suit before magistrate; interrogatories to defendant.
- Section 44-5-9 - Answer to interrogatories not evidence in criminal prosecution.
- Article 6 - Declaratory Judgments, 44-6-1 through 44-6-15.
- Section 44-6-1 - Short title.
- Section 44-6-10 - Jury trial.
- Section 44-6-11 - Costs.
- Section 44-6-12 - Parties.
- Section 44-6-13 - State or official may be sued; construction of constitution or statute.
- Section 44-6-14 - Construction.
- Section 44-6-15 - Uniformity of interpretation.
- Section 44-6-2 - Scope.
- Section 44-6-3 - Definition.
- Section 44-6-4 - Power to construe.
- Section 44-6-5 - Contract construction.
- Section 44-6-6 - Enumeration not exclusive.
- Section 44-6-7 - Discretionary.
- Section 44-6-8 - Review.
- Section 44-6-9 - Supplemental relief.
- Article 7 - Arbitration, 44-7-1 through 44-7-22.
- Article 7A - Uniform Arbitration, 44-7A-1 through 44-7A-32.
- Section 44-7A-1 - Short title; definitions.
- Section 44-7A-10 - Initiation of arbitration.
- Section 44-7A-11 - Consolidation of separate arbitration proceedings.
- Section 44-7A-12 - Appointment of arbitrator; service as a neutral arbitrator.
- Section 44-7A-13 - Disclosure by arbitrator.
- Section 44-7A-14 - Action by majority.
- Section 44-7A-15 - Immunity of arbitrator; competency to testify; attorney's fees and costs.
- Section 44-7A-16 - Arbitration process.
- Section 44-7A-17 - Representation by lawyer.
- Section 44-7A-18 - Witnesses; subpoenas; depositions; discovery.
- Section 44-7A-19 - Judicial enforcement of pre-award ruling by arbitrator.
- Section 44-7A-2 - Notice.
- Section 44-7A-20 - Award.
- Section 44-7A-21 - Change of award by arbitrator.
- Section 44-7A-22 - Remedies; fees and expenses of arbitration proceeding.
- Section 44-7A-23 - Confirmation of award.
- Section 44-7A-24 - Vacating award.
- Section 44-7A-25 - Modification or correction of award.
- Section 44-7A-26 - Judgment on award; attorney's fees and litigation expenses.
- Section 44-7A-27 - Jurisdiction.
- Section 44-7A-28 - Venue.
- Section 44-7A-29 - Appeals.
- Section 44-7A-3 - When the uniform arbitration applies.
- Section 44-7A-30 - Uniformity of application and construction.
- Section 44-7A-31 - Relationship to electronic signatures in global and national commerce act.
- Section 44-7A-32 - Saving clause.
- Section 44-7A-4 - Effect of agreement to arbitrate; nonwaivable provisions.
- Section 44-7A-5 - Disabling civil dispute clause voidable.
- Section 44-7A-6 - Application for judicial relief.
- Section 44-7A-7 - Validity of agreement to arbitrate.
- Section 44-7A-8 - Motion to compel or stay arbitration.
- Section 44-7A-9 - Provisional remedies.
- Article 7B - Mediation Procedures Act, 44-7B-1 through 44-7B-6.
- Article 8 - Receivership Act, 44-8-1 through 44-8-10.
- Section 44-8-1 - Short title.
- Section 44-8-10 - Appeal and stay of appointment of a receiver.
- Section 44-8-2 - Purpose.
- Section 44-8-3 - Definitions.
- Section 44-8-4 - Grounds for appointing a receiver.
- Section 44-8-5 - Application for appointment of a receiver.
- Section 44-8-6 - Qualifications for receivers.
- Section 44-8-7 - Powers and duties of receivers.
- Section 44-8-8 - Compensation.
- Section 44-8-9 - Removal, death, resignation, substitution and discharge of receiver; termination of receivership.
- Article 9 - Fraud Against Taxpayers Act, 44-9-1 through 44-9-14.
- Section 44-9-1 - Short title.
- Section 44-9-10 - State not liable.
- Section 44-9-11 - Employer interference with employee disclosure; private action for retaliation.
- Section 44-9-12 - Limitation of actions; estoppel; standard of proof.
- Section 44-9-13 - Joint and several liability.
- Section 44-9-14 - Remedy not exclusive.
- Section 44-9-2 - Definitions.
- Section 44-9-3 - False claims; liability; penalties; exception.
- Section 44-9-4 - Investigation by the attorney general; delegation; civil action.
- Section 44-9-5 - Civil action by qui tam plaintiff; state may intervene.
- Section 44-9-6 - Rights of the qui tam plaintiff and the state.
- Section 44-9-7 - Awards to qui tam plaintiff and the state.
- Section 44-9-8 - Award of attorney fees and costs to defendant.
- Section 44-9-9 - Certain actions barred.
- Article 10 - Uniform Unsworn Foreign Declarations Act, 44-10-1 through 44-10-8.
- Section 44-10-1 - Short title.
- Section 44-10-2 - Definitions.
- Section 44-10-3 - Applicability.
- Section 44-10-4 - Validity of unsworn declaration.
- Section 44-10-5 - Required medium.
- Section 44-10-6 - Form of unsworn declaration.
- Section 44-10-7 - Uniformity of application and construction.
- Section 44-10-8 - Relation to electronic signatures in global and national commerce act.