78B-1-135 - Witnesses -- Proceedings in aid of or supplemental to attachment, garnishment, or execution. - Utah Statutes

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-01 > 78b-1-135

78B-1-135. Witnesses -- Proceedings in aid of or supplemental to attachment,garnishment, or execution.
(1) Notwithstanding the provisions of Section 78B-1-134, a party or a witness examinedin proceedings in aid of or supplemental to attachment, garnishment, or execution is not excusedfrom answering a question on the ground that;
(a) the answer will tend to convict the party or witness of the commission of a fraud;
(b) the answer will prove the party or witness has been a party or privy to, or hasknowledge of, a conveyance, assignment, transfer or other disposition of property concerned forany purpose;
(c) the party, witness, or any other person claims to be entitled, as against the judgmentcreditor or a receiver appointed or to be appointed in the proceedings, to hold property derivedfrom or through the judgment debtor or to be discharged from the payment of a debt which wasdue to the judgment debtor or to a person in the debtor's behalf.
(2) An answer cannot be used as evidence against the person so answering in a criminalaction or proceeding, except in an action for perjury against the person for falsely testifying.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-01 > 78b-1-135

78B-1-135. Witnesses -- Proceedings in aid of or supplemental to attachment,garnishment, or execution.
(1) Notwithstanding the provisions of Section 78B-1-134, a party or a witness examinedin proceedings in aid of or supplemental to attachment, garnishment, or execution is not excusedfrom answering a question on the ground that;
(a) the answer will tend to convict the party or witness of the commission of a fraud;
(b) the answer will prove the party or witness has been a party or privy to, or hasknowledge of, a conveyance, assignment, transfer or other disposition of property concerned forany purpose;
(c) the party, witness, or any other person claims to be entitled, as against the judgmentcreditor or a receiver appointed or to be appointed in the proceedings, to hold property derivedfrom or through the judgment debtor or to be discharged from the payment of a debt which wasdue to the judgment debtor or to a person in the debtor's behalf.
(2) An answer cannot be used as evidence against the person so answering in a criminalaction or proceeding, except in an action for perjury against the person for falsely testifying.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-01 > 78b-1-135

78B-1-135. Witnesses -- Proceedings in aid of or supplemental to attachment,garnishment, or execution.
(1) Notwithstanding the provisions of Section 78B-1-134, a party or a witness examinedin proceedings in aid of or supplemental to attachment, garnishment, or execution is not excusedfrom answering a question on the ground that;
(a) the answer will tend to convict the party or witness of the commission of a fraud;
(b) the answer will prove the party or witness has been a party or privy to, or hasknowledge of, a conveyance, assignment, transfer or other disposition of property concerned forany purpose;
(c) the party, witness, or any other person claims to be entitled, as against the judgmentcreditor or a receiver appointed or to be appointed in the proceedings, to hold property derivedfrom or through the judgment debtor or to be discharged from the payment of a debt which wasdue to the judgment debtor or to a person in the debtor's behalf.
(2) An answer cannot be used as evidence against the person so answering in a criminalaction or proceeding, except in an action for perjury against the person for falsely testifying.

Renumbered and Amended by Chapter 3, 2008 General Session