State Codes and Statutes
Statutes > Utah > Title-26 > Chapter-04 > 26-4-1226-4-12. Order to exhume body -- Procedure.
(1) In case of any death described in Section 26-4-7, when a body is buried without aninvestigation by the medical examiner as to the cause and manner of death, it shall be the duty ofthe medical examiner, upon being advised of the fact, to notify the district attorney or countyattorney having criminal jurisdiction where the body is buried or death occurred. Uponnotification, the district attorney or county attorney having criminal jurisdiction may file anaction in the district court to obtain an order to exhume the body. A district judge may order thebody exhumed upon an ex parte hearing.
(2) (a) A body shall not be exhumed until notice of the order has been served upon theexecutor or administrator of the deceased's estate, or if no executor or administrator has beenappointed, upon the nearest heir of the deceased, determined as if the deceased had died intestate.If the nearest heir of the deceased cannot be located within the jurisdiction, then the next heir insuccession within the jurisdiction may be served.
(b) The executor, administrator, or heir shall have 24 hours to notify the issuing court ofany objection to the order prior to the time the body is exhumed. If no heirs can be located withinthe jurisdiction within 24 hours, the facts shall be reported to the issuing court which may orderthat the body be exhumed forthwith.
(c) Notification to the executor, administrator, or heir shall specifically state the nature ofthe action and the fact that objection must be filed with the issuing court within 24 hours of thetime of service.
(d) In the event an heir files an objection, the court shall set hearing on the matter at theearliest possible time and issue an order on the matter immediately at the conclusion of thehearing. Upon the receipt of notice of objection, the court shall immediately notify the countyattorney who requested the order, so that the interest of the state may be represented at thehearing.
(e) When there is reason to believe that death occurred in a manner described in Section26-4-7, the district attorney or county attorney having criminal jurisdiction may make a motionthat the court, upon ex parte hearing, order the body exhumed forthwith and without notice.Upon a showing of exigent circumstances the court may order the body exhumed forthwith andwithout notice. In any event, upon motion of the district attorney or county attorney havingcriminal jurisdiction and upon the personal appearance of the medical examiner, the court forgood cause may order the body exhumed forthwith and without notice.
(3) An order to exhume a body shall be directed to the medical examiner, commandinghim to cause the body to be exhumed, perform the required autopsy, and properly cause the bodyto be reburied upon completion of the examination.
(4) The examination shall be completed and the complete autopsy report shall be made tothe district attorney or county attorney having criminal jurisdiction for any action the attorneyconsiders appropriate. The district attorney or county attorney shall submit the return of theorder to exhume within 10 days in the manner prescribed by the issuing court.
Amended by Chapter 86, 2000 General Session
