Utah Code 31A-27a-204. Proceedings for expedited trial — Continuance — Evidence — Discovery
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Terms Used In Utah Code 31A-27a-204
- Affiliate: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
- Commissioner: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
- Continuance: Putting off of a hearing ot trial until a later time.
- Department: is a s defined in Section 31A-1-301 unless the context requires otherwise. See Utah Code 31A-27a-102
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Filed: means that a filing is:(69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;(69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and(69)(a)(iii) accompanied by the appropriate fee in accordance with:(69)(a)(iii)(A) Section
31A-3-103 ; or(69)(a)(iii)(B) rule. See Utah Code 31A-1-301- Insurance: includes :
(96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;(96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and(96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301- insurer: means a person who:
(23)(a) is doing, has done, purports to do, or is licensed to do the business of insurance;(23)(b) is or has been subject to the authority of, or to rehabilitation, liquidation, reorganization, supervision, or conservation by an insurance commissioner; or(23)(c) is included under Section 31A-27a-104. See Utah Code 31A-27a-102- Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
- receivership: means a rehabilitation, liquidation, or ancillary receivership. See Utah Code 31A-27a-102
- receivership court: refers to the court in which a delinquency proceeding is pending. See Utah Code 31A-27a-102
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1)(a) The receivership court shall proceed to hear the case on the petition to commence a formal delinquency proceeding:(1)(a)(i) at the time and date set forth for trial;(1)(a)(ii) without a jury; and(1)(a)(iii) without unnecessary delay.(1)(b) To the extent practicable, the receivership court shall give precedence to the matter over all other matters.(1)(c) To the extent authorized by law, the receivership court may assign the matter to another judge if necessary to comply with the need for expedited proceedings under this chapter.(2) A continuance for trial shall be granted only in extreme circumstances.(3) The receivership court shall admit as self authenticated a certified copy of the following when offered by the commissioner:(3)(a) a financial statement made by the insurer or an affiliate;(3)(b) an examination report of the insurer or an affiliate made by or on behalf of the commissioner; or(3)(c) any other document filed with any insurance department by the insurer or an affiliate.(4) The facts contained in an examination report of the insurer or an affiliate made by or on behalf of the commissioner is presumed to be true as of the date of the hearing if the examination is made as of a date not more than 270 days before the day on which the petition is filed. The presumption:(4)(a) is rebuttable; and(4)(b) shifts the burden of production and persuasion to the insurer.(5) Discovery:(5)(a) is limited to grounds alleged in the petition; and(5)(b) shall be concluded on an expedited basis. - Insurance: includes :